AGENDA ORDER ANDI PROCEDURE OF COUNCIL MEETING TU5DAL,anuayl.2025 5:30P.M. 1. CALLTOORDER 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. ANNOUNCE BUSINESSI FROM. AUDIENCE PROCEDURE: 6. MAYOR'SREPORT: 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: 8. CONSENT AGENDA: A. Approval of minutes: Haley B. Announcement of upcoming meetings: Haley Appointment to P&Z ZBoard: Noethlich D. Sebring Soda Festival REVISED: Robinson wwCI Maintenance Worker III Position: Danielson F. Budget Amendment #261 for Fryman Property Purchase: Lee G. Florida Firefighter Cancer Decontamination Equipment Contract: Lee H. Pro Watercross Event: Alan Verlander Award Sanitary Sewer Evaluation Survey - ITB# 25-004: Cook CDBG-MITI Engineer Consultant Services Agreements: Robinson 9. OLDBUSINESS: 10. NEW BUSINESS: 11. BUSINESSI FROM. AUDIENCE: 12. CITYATTORNEYS BUSINESS: 13. CITV/ADMINISTRATOR BUSINESS: A. Project Report 14. CITY CLERKSBUSINESS. ANDI ANNOUNCEMENTS A. Bills for Approval Appointment to CRA Board: Mayor Shoop A. Proposed Ordinance/TemporaryMoratorium Land Use Changes for Mobile! Home Parks Any person who might wisht to appeal any decision madel byt the City Council of Sebring, Florida, in public hearing or meeting is hereby advised that he willr needa a record oft thep proceedings and for such purpose mayneedt to ensure that a verbatim record oft the proceedings isr made whichy willi include thet testimony and evidence upony whichs sucha appealist tol bel based. The City Council of Sebring, Florida does not discriminate upont thel basis of anyi individual's disability status. This non- discrimination policyi involves every aspect of the Council's functions, including one's access to, participation employment or treatment ini its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Mrs. Kathy Haley, CMC, City Clerk, at 471-5100. CITY OF SEBRING AGENDA! ITEM SUMMARY MEETING DATE: January 7,2025 AGENDA ITEM#: 8-Consent Agenda PRESENTER: Bishop BACKGROUND: Item 8. A through 8J are on the consent agenda for Council action. Should any member ofCouncil wish that an item be removed from the agenda, they should sO indicate. That particular item will be removed and discussed individually at the appropriate place on the agenda. All remaining items will be presented for approval collectively. REQUESTED MOTION: Approve consent agenda as presented. COUNCIL. ACTION: APPROVED DENIED TABLED TO: Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETINGDATE: January 7,2 2025 PRESENTOR: Haley AGENDAI ITEM#: 8A-Approval of Minutes BACKGROUND: The minutes from your regular meeting on December were emailed to you on. December 30, 2024. 17,2024 REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED OTHER Moved by: Seconded by: DEFERRED Carlisle_ Havery_ Mendel - Stewart Bishop CITYC OFSEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2025 PRESENTER: Haley AGENDA ITEM#: 8B - Announcement of Upcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between. January gth, and. January 21,2025. Date 01/09/25 01/13/25 01/14/25 01/20/25 01/21/25 Time 5:00 p.m. 5:30 p.m. 5:30 p.m. 8-5 p.m. 5:30 p.m. Meeting Participant(s) Liaison Mendel Liaison Stewart City Office Closed Mayor/City Council/City Clerk Historic Preservation Commission Planning and Zoning Board Martin Luther King Jr. Day City Council Meeting Community Redevelopment Agency Liaison Havery COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: Carlisle Havery OTHER Seconded by: Mendel Stewart Bishop CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2025 PRESENTER: Noethlich AGENDA ITEM#: 8C-Appointment to Planning & Zoning Board vacancies BACKGROUND: The term oft the following Planning & Zoning Board members expired on December 31, 2024. Robert Horne Rebekah Kogelschatz Briana Stanley The vacancies have been posted on the City's webpage and announced at a public meeting. To date, the City has received three applications, from Mr. Robert Horne, Ms. Rebekah Kogelschatz and Ms. Briana Stanley. The applications are attached for Council's consideration. The term is for two yeas(/125-123126). REQUESTED MOTION: Approve the appointment ofl Mr. Horne, Ms. Kogelschatz and Ms. Stanley to the Planning & Zoning Board as presented. COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: Carlisle Havery OTHER Seconded by:. Mendel Stewart Bishop. EBRING chy ONTHE CIRCLE BOARD MEMBER APPLIÇATION Please type or print thet followingi information Last Name: HORNE First Name: RODERT M.. P Physical Home Address: 1618 HoTYee AVÉ GityL SebRing State: FL Zip: 33870 Mailing Address (Ifc different from physical): City:L State: Zip: Do you own al business? Ifsop provide name and address: NO Home Phone: Business Phone: CellPhone: 963-381-6651 Email Address: Giametoo Hetoai). CGM Ifso, where are your registered?! Higklands Cowly Arey your registered to vote? What Board(s) arey youi interested in serving? Pleasel listi in order of preference: Pd1 Lista all City Boards on whichy youl have previous served, including dates. (Please note that ify youa are currently servingo ona a City Boardy your mayl have tor resign from that Boardi ifa appointed toa another Board.) Educational qualifications: List any related professional certifications and licenses youl hold: Givey yourp present, or most recente employer, employer address, and position: Describe experiences, skills, orl knowledge which qualifies youto serve thel ont board: (Please attachabxiefresume) Signature: J2 HC8GC Seryey or P47boAa) 14yeak Ihereby certify that all the above statements aret true, andi lagree and understand that any misstatement ifmaterialf facts contained in this application may cause forfeiture upon my part of anya appointment. A Ppow Date: /2-30-21 EBRING chy oW THE CIRCLE BOARD MEMBER APPLICATION Please type orp print thef followingi information Last Name: Kogelsclatz First Name: Rebekal M.I. A Physical Home Address: 244 Alakee Ave CySebring State: FL Zip: 33870 Mailing Address (If different from physical): sarre City: State: No Zip: Do you own a business? Ifsop provide name and address: Home Phone: B63214120 Business Phone: 963385380 Cell Phone: Email Address: SRbOKKOg @ OurlooL.CON Ifso, where arey your registered? y es- Sebris serving? Pleasel listi in order ofp preference: Zoning nes) Are) you registered to vote? What Board(s) are) youi interested in Hgkbcs List all City Boards on which youl have previous served, ZonAS 22-27 including dates. (Please note thati ify youa are currently serving on a City Boardy your may! have tor resign from1 that Boardi ifa appointedt to another Board.) Educational qualifications BS Exceptona Educaton A Curicuwm + - INStruchion List any related professional certifications) andl licenses youl hold: Givey your present, or most recent employer, employer address, and position: Describe experiences, skills, or knowledge which qualifies yout to attachabriefr resume) FL Dep+ of Ed GTLeANS Teacher Cemecd on Her ticna Christics Acoclomy Ibo Persimmon vve Sebrir FL 33870 Pogvious ZOnINs basd Cbclity te rcad 4 urdersford nforn-afion on serve ont thel board: (Please 2onng picns, blue priAts, etu this application may causef forfeiture upon my part of any appointment. Ihereby certify that all1 the above statements aret true, and lagree and understand that any misstatement ifr material facts contained in Signature: lebckal Date: 12-20-29 Rebekah Kogelschatz 2441 Milakee Ave, Sebring, FL33870 863-214-1201 Irebakogeoutok.com PROFESSIONAL EXPERIENCE December 2017- present Director, Heartland Christian School d/b/al Heartland Christian Academy, Sebring, Florida Responsiblei for general management of6 60 employees, instructional and non-instructional Oversight ofb budget and resources: for educating over 350 studentsi in a private, Christian, Overseeing curriculum and instruction for 30 teachers, grades K-12, including observations, evaluations, instructional leadership, professional development, and recommendation of Recruitment andj placement of all employees, includingi instructional and support staff Strategic planning forl long-term growth, short-term planning for annual growth and Establish clear communication with thel Board of Directors and operate under the discretion of Maintain community involvement and communications with all stakeholders, including parents, non-profit institution curriculum: resources Provide leadership and support fora administration and faculty Recruit and enroll studentsi in a diverse community ofl learners development thel Board ofl Directors families, Board of Directors, and staff August 1996- - May 2023 Instructor, various schools Instructor for K-12 special education, mathematics, and gifted Planning, grading, and preparing forinstruction VOLUNTEER WORK January 2022-present City of Sebring Zoning Board June: 2023-present Volunteer position toi review: zoning changes fort the city League of Christian Schools Accreditation Board Volunteer position to review and approve accreditation reports League of Christian School. Accreditation Team Volunteer to review schools for accreditation through LCS: and Cognia August 2018 -] present August 2021 - present League of Christian School Presenter Presenter for workshops at thel League of Christian Schools annual conference June: 2014 -1 present Inner' Wheel Club of Avon Park, Avon Park, Florida Serving with ag group of women toi improve the community through various service projects President 2015-2017 Secretary: 2017- 2019, 2023-present June 2017-June: 2019 Iinner Wheel District 696 District Chair Organizing district events andi fundraisers 1996-present Church Volunteer Volunteer with the children's! programs Handbell choir, choir, greeter August 2017 -June 2019 Leadership Highlands Attending events and meetings throughout Highlands County Participation in volunteer opportunities, including Project 22471 inl honor of] Deputy Gentry for community-wide volunteering ADDITIONAL: SKILLS Create and maintain school website; maintain school social media accounts; proficient in Google Suite, word processing, database, spreadsheets, and forms; professional development leader and speaker for school-based instruction; professional development creator and speaker for various professional organizations; Cognia Certified. Accreditation Review Team EDUCATION Summer 2023 present Doctoral level courses-PhD Organizational Leadership Southeastern University, Lakeland, Florida Currently pursuing al Doctoral degree in Organizational Leadership, demonstratinga commitment to academic andj professional growth. Fall: 2022- Spring2023 Doctoral level courses- EdD Educational Leadership Florida Southern College, Lakeland, Florida Completed 16 credit hours of Doctoral-level coursework in Educational Leadership at Florida Attained comprehensive. knowledge. and skillsi in educational leadership, enhancing capacity to Southern College. drive positive change in academici institutions. May 2012 University ofTexas, Arlington; Arlington, Texas Master's Degree inl Education, Curriculum and Instruction Demonstrated a commitment to advanced pedagogical approaches and curriculum development. May 1996 University of Central Florida; Orlando, Florida Bachelor's Degree in Science, Exceptional Education, EmotionalylHandrapped State ofl Florida Certification, Certificate Number 762080, expires July 2028 Exceptional Education, grades pre-kindergarten 12th grade Middle-Grade Integrated, grades 5-9th Mathematics, grades 5-9, grades 6-12 Gifted Endorsement EBRING chy oW THE CIRCLE BOARD MEMBER APPLICATION Please type orp print thef followingi information Last Name: Stanley City: Sebring First Name: Briana M.I. Physical Home Address: 2891 Lakeview Dr State: FL State: Rosmarin Engineering Sebring 33870 Zip: 33870 Mailing Address (Ifo different from physical): City:L Zip: Doy you own al business? Home Phone: Email Address: Arey your registered to vote? Ifso, wherea areyour registered? Highlands County What Board(s) arey youi interestedi in serving? Please listi inc ordero ofp preference: Ifsop provide name anda address: 3670 Commerce Center Dr Business Phone: Cell Phone: 6032896016 sta9b2189egmail.com Planning and Zoning List all City Boards on which youl have previous served, including dates. (Pleaser note that ify youa are currently serving on a City Boardy your mayh havet tor resign from that Boardi ifa appointed toa another Board.) Planning and Zoning Educational qualifications: SB in Mathematics from Massachusetts Institute of Technology List any related professional certifications andI licenses youl hold: Give your present,or position: skills, or knowledge which qualifies yout to serve ont thel board: (Please attachabriefr resume) Signature: mostr recent employer, Rosmarin Engineering, see above employer address, and Vice president Describe experiences, I have been in the Construction industry for many years and have served on Planning and Zoning for many years as well Ihereby certifyt that allt the above statements are true, and! lagree and understand thata any misstatement ifr material facts contained in this application may causef forfeiture upon my part of any appointment. Leshe Date: 12/18/2024 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2025 PRESENTOR: Robinson AGENDA ITEM#: 8D-Sebring Soda Festival - Revised BACKGROUND: Council approved on December 17 the Sebring Soda Festival Special Event. It was noted after the meeting that South Ridgewood Drive from Magnolia Avenue to Circle Park Drive will need to be closed on Friday, April 4 to Sunday, April 6. The below includes the updated road closures. Sebring Soda Festival Establish dates of event as Saturday, April 5 through Sunday, April 6,2025. Establish event hours as follows: Saturday - 10:00 a.m. - 5:00 p.m. Sunday - 11:00 a.m. -4 4:00 p.m. Circle Park Drive Approve road closures as shown on (Attachment #1) on Friday, April 4 from 6:00 p.m. through Sunday, April 6 at 7:00 p.m. as follows: North Ridgewood Drive from North Pine Street to Circle Park Drive South Commerce Avenue from South Pine Street to Circle Park Drive East Center Avenue from South Mango Street to Circle Park Drive South Ridgewood Drive from Magnolia Avenue to Circle Park Drive Approve road closures as shown on (Attachment #1) on Saturday, April 5 from North Commerce Avenue from Pomegranate Avenue to Circle Park Drive West Center Avenue from Franklin Street to Circle Park Drive Approve parking restrictions as deemed necessary by event organizers and Sebring Police 9:00 a.m. to Sunday, April 6 at 7:00 p.m. as follows: Department Approve use ofCity stage Approve use of Palm parking lot Approve placing signage around Circle Park Approve variance from the City's open container ordinance during event Fees for Services Soda Festival & Block Party Application Fee Police Services Fire Services Public Works *employees on site $ 840.00 *road closures *solid waste Stage Rental Fee TOTAL $ 25.00 $1,250.00 (overnight security for both April 4th and April 5th) $ 600.00 (adjusted as needed) $ 350.00 P - 650.00 $_150.00 $3,865.00 NOTE: The Chamber of Commerce is requesting waiver of fees. REQUESTED MOTION: Approve the revised event road closures as presented. COUNCIL ACTION: APPROVED DENIED TABLED1 TO: Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop OTHER ATTACHMENT - 1 MEucalima Pear. St Coei Sebring Soda Festival Paris e S Lime St REe Park Children's Museum of f the Highlands Sebring Middle School AA &, Sebring ECemet Ave Fire Dept Ayo - St s o C 6 P asununh B Highds D 5 Vall Highlands ArtLeuer Rose Ave - Little Theatre L Highlands County m Sheriff's Office Highlands f Çounty Judge X Legend State Road Glosure Local Road Gleswve Parking Restrietions Nerthbound Detour Southbound Detour 3 X s %, 6 Road Closure Time Schedule A=F Friday, 4/4/2506PM. : Sunday, 4/6/2507PM B=S Saturday, 4/5/2509AM-s Sunday, 4/6/250@7PM ) F MErcaime Pear St Coe Sebring Soda Festival Smes Pais Lime St Palk Children's Museum of I the Highlands Sebring Middle School ECemer - AA Sebring Firei Dept Ave SI S Nastuntumh Highlds D Highlands ArtLeue Vall S Rose Ave - Little Theatre Ro Highlands County. m Sherifs Office Highlands m County Judge X Legend State Read Local Road Gloswve Parising estrictions Nerthbeund Detour Southbound Detour X Glosure C 1 S à ADb IS C MECAI Perys St Cr Sebring Soda Festival SaeS Paris Lime St 28 5 Park A Children's Museum of the Highlands Sebring Middle School AA ECemtet Ave - Rvo Sebring Fire Dept s 9 o S asiuntume Highds Highlands, ArtLeuer Jall . Rose Ave EPe Little Theatre NLo Legend State Read Glosure Local Read Glosuve Parkng Restrictions Northbound Detour S Southbound Detour Event Avrea C s X S a 4 - CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 07,2025 PRESENTER: Danielson AGENDA: ITEM#: 8E-WWC Maintenance Worker III position BACKGROUND: The Wastewater Collections Department has a Crew Leader position open due to the promotion of the previous Crew Leader tol Foreman. Staff would like to freeze the Crew Leader position and add al Maintenance Worker III position. Freezing the current Crew Leader position would allow current staff adequate time to achieve neçessary certifications needed to promote in the future. This would also allow appropriate staffing levels to keep up with the current workload. This change would represent a cost savings of $10,664 for fiscal year 24/25. REQUESTED MOTION: Approve to advertise for (1)a a Maintenance Worker III position and (2) freeze the Crew Leader Position in the Wastewater Collections Department. COUNCIL ACTION: APPROVED DENIED TABLED TO: OTHER Moved by: Seconded by: Carlisle Havery_ Mendel Stewart Bishop CITY OF SEBRING AGENDA: ITEM SUMMARY MEETING DATE: January 7,2025 PRESENTER: Lee AGENDA! ITEM#: 8F-Budget Amendment #26 for Fryman Property Purchase BACKGROUND: Previously, Council has approved the purchase of the properties at 213 Don Drive and 125 Markley Street (from the Fryman Trust) with support from a grant from the Florida Communities Trust Program. A budget amendment is needed to recognize the grant revenue for the purchase as well as the City's match and the associated costs with the land purchase that are required for the grant. REQUESTED MOTION: Approve Budget Amendment #: 26 as presented. COUNCIL ACTION: APPROVED DENIED TABLED TO: OTHER Moved by: Seconded by: Carlisle Havery_ Mendel Stewart Bishop Request for Budget Amendment EBRING ciy OW THE CIRCLE Budget Amendment #26 Department: Request Date: Multiple 12/31/2024 Dept. Head: Submitted by: Council Date: Scott Noethlich Jared Lee 1/7/2025 (Ifr required) Budget Line Item Transfer Current Budget $ $ $ 350,000 $ 603,618 $ Amended $ 237,000 237,000 Account Number Project 001-4030-334-20-00 25101 State Award 001-4030-561-61-10 25101 Land Acquisition Account Name Increase Decrease Budget $ 237,000 $ 237,000 115-1526-563-63-35 115-1530-599-99-99 Recreation Improvements Contingency $ 150,000 $ 200,000 $ 50,000 $ 553,618 115-1529-561-61-10 25101 Land Acquisition $ 200,000 200,000 $ $ Totals: 674,000 $ 200,000 Explain why these funds were not originally budgeted and thej justification for your request now: Because the purchase of the Fryman Property was not completed last fiscal year, funds need to be budgeted to cover the purchase of the property and the necessary surveys, assessments. etc. that go with the grant funded purchase. Department Approval: SAL (Department Head)! Date: 12/31/2024 Ifana account amendment. is over $10,000 (cumulative change over $20,000): Request approved by: Request authorized by: Date: Date: (Assistant City Administrator) (City Clerk or City Administrator) CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7,2025 PRESENTER: Lee AGENDA ITEM#: 8G-1 Florida Firefighter Cancer Decontamination Equipment Contract BACKGROUND: The Fire Dept. has been awarded a grant to purchase Firefighter Cancer Decontamination equipment from The State of] Florida. We will use this grant to purchase gloves and hoods that protect our firefighters from harmful chemicals contained in structure fires. The REQUESTED MOTION: Approve contract as presented and authorize the City Administrator to execute this grant agreement with the Florida Department of Financial Services. contract is attached. COUNCIL. ACTION: APPROVED DENIED TABLED TO: OTHER Moved by: Seconded by: Carlisle Havery. Mendel Stewart Bishop Agreement #1 FM985 GRANT AGREEMENT BETWEEN AND CITY OF SEBRING DEPARTMENT OF FINANCIALSERVICES THIS GRANT AGREEMENT (Agreement) is made and entered into by and between the Department of Financial Services (Department), an agency of the State of Florida (State), and the City of Sebring (Grantee), andi is effective as of the date last signed. The Department and the Grantee are sometimes referred to herein individually as a' "Party" or collectively as the "Parties." THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING WHEREAS, the Florida Legislature created the Firefighter Cancer Decontamination Equipment Grant Program within the Division of State Fire Marshal (Division) to provide financial assistance to help career fire departments, combination fire departments, and volunteer fire departments procure equipment, supplies, andi training designed to mitigate exposure to hazardous, cancer-causing chemicals; WHEREAS, the Florida Legislature has appropriated funds in Line 2476 of the General Appropriations Act for the 2024-2025 State fiscal year to the Department to implement section 633.137, F.S., for the specific purposes stated therein, and the Division has the authority to administer the program and annually award grants upon the terms and conditions set forth herein andi inl Rule 69A-37.503, Florida WHEREAS, to be a recipient of State funds under this grant program, the Grantee hasi identifieda sourceo ofnonstate funding in an amount that is equal to ore exceeds twenty-five percent (25%)ofthei funding WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant NOW, THEREFORE, the Department and the Grantee do mutually agree as follows: REPRESENTATIONS: Administrative Code (F.A.C.); provided to Grantee under this Agreement; and funds and will use them for the purposes identified herein. 1. Performance Requirements: The Grantee shall perform the tasks specified herein in accordance with the terms and conditions of this Agreement, including its attachments, addenda, and exhibits, which are incorporated by reference herein. The performance requirements are more specifically described in Attachment 1, Statement of Work (SOW). The definitions of terms and acronyms in the SOW will apply herein, unless otherwise The Grantee shall comply with the applicable local, state, and federal laws, rules, regulations, and The term ofthis Agreement begins on the date the Agreement is last signed (effective date) and ends on the last day of the State's fiscal year in which the grant was awarded. The Department shall not be defined in this Agreement. 2. Compliance with Laws, Rules, Regulations, and Policies: policies including, but not limited to, those identified in this Agreement. 3. Agreement Duration: FCDEGP Agreement v2024.11.13 Page 1of13 obligated to pay for costs incurred by the Grantee related to this Agreement prior to this Agreement's effective date or after its ending date. The term of this Agreement may not be extended or renewed. 4.1. Funding: This Agreementi isacost-reimbursement. agreement, subject toa ai minimum twenty-five percent (25%) match off funds from a nonstate source of funding, not to exceed the amount of funds stated in Attachment 1, Statement of Work. Such funds will be paid by the Department in consideration of the Grantee's performance of the requirements as set forth by the terms and conditions ofthis Agreement. Pursuant to section 287.0582, F.S., for any agreement binding the State or the Department for a period in excess of one State fiscal year, the State's and the Department's performance and obligation to pay under that agreement are contingent upon an 4.2. Payment Process: Subject to thet terms and conditions established by this Agreement, the pricing method per deliverable established in the SOW, and the billing procedures established by the Department, the Department agrees to pay the Grantee in accordance with section 215.422, F.S., fori its performance under this Agreement, as described in the SOW. The applicable interest rate 4.3. Grantee Rights: A Vendor Ombudsman has been established within thel Department. The duties ofthe Vendor Ombudsman include acting as an advocate for grantees who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be 4.4. Taxes: The Department is exempted from the payment of State sales and use tax and Federal Excise Tax. Unless otherwise provided by law, the Grantee shall notl be exempt from paying State sales and use tax to the appropriate governmental agencies, nor shall the Grantee be exempted from payingi its suppliers for any taxes on materials usedt to fulfilli its contractual obligations under this Agreement. The Grantee shall not use the Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. The Grantee shall provide the 4.5. Invoicing and Acceptance: All charges for performance under this Agreement or for reimbursement of expenses authorized by the Department shall be submitted to the Department ins sufficient detail fora aproper pre-audit and post-audit to be performed." The Grantee must submit invoices in accordance with the time requirements specified in the SOW. The Department will reimburse the Grantee for the performance required by the Agreement and any authorized expenses only upon the timely and satisfactory completion of the applicable performance and compliance requirements of the SOW. Payment for the deliverables is conditioned upon written acceptance by the Department's designated contract manager (Contract Manager) identified in Section 34, below. Ifthe Department determines that circumstances warrant, thel Department may accept partial performance and make partial payments for partial performance. 4. Payment and Funding Considerations: annual appropriation by the Legislature. can be obtained at: tosymylonao.condwsonaavendos reached at (850)413-5516. Department its taxpayer identification number upon request. 5. Expenditures: All expenditures must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to the State's Reference Guide for State Expenditures. The Grantee shall submit invoices for performance or expenses in accordance with the requirements ofthis reference guide, which may be obtained at: rlerenceguideforstuteexpenditurespdr The Grantee may not spend funds received under this Agreement for the purposes of lobbying the (myfloridacfo.com) Florida legislature, thej judicial branch, or a State agency. FCDEGP Agreement v2024.11.13 Page 2of13 Governing Laws of the State: 6.1. Governing Law: The Grantee agrees that this Agreement is entered into int the State, and will be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State. Each Party shall perform its obligations herein in accordance with the terms and conditions oft this Agreement. Without limiting the provisions of Section 28, Dispute Resolution, the exclusive venue ofany legal ore equitable action that arises out ofc or relates toi this Agreement will be the appropriate State court in Leon County, Florida; in any such action, the 6.2. Ethics: The Grantee shall comply with the requirements of sections 11.062 and 216.347, F.S. The Grantee shall not, in connection with this or any other agreement with the State, directly or indirectly: (I)offer, confer, or agree to confer any pecuniary benefit on anyone as consideration fora any State officer or State employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation ofal known legal duty; or (2)o offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or State employee. For purposes of clause (2), "gratuity" means any payment ofr more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but will not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to this Agreement. The Grantee shall retain such records in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance. Only the provisions applicable to State funding in Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance, are applicable to this grant. 6.4. Advertising: Subject to chapter 119, F.S., the Grantee shall not publicly disseminate any information concerning this Agreement without prior written approval from the Department, including, but not limited to, mentioning this Agreement in aj press release or other promotional material, identifying thel Department ort the State as a reference, or otherwise linking the Grantee's name and either a description of this Agreement or the name of the Department or the State in any material published, either inj print or electronically, to any entity that is not al Party to this Agreement, except potential or actual authorized distributors, dealers, resellers, or service 6.5. Sponsorship: As required by section 286.25, F.S., if the Grantee is a nongovernmental organization whichsponsors: a program that is financed wholly or inp part by State funds, including any funds obtained through this Agreement, its shall, in publicizing, advertising, or describing the sponsorship oft the program, state: "Sponsored by (Grantee's name) and the State of Florida, Department of Financial Services." Ift the sponsorship reference is in written material, the words "State of Florida, Department of Financial Services" must appear in thes same size letters or type Parties waive any right to jury trial. 6.3. Employment Eligibility Verification: N/A representatives. as the name oft the Grantee. 7. Mandatory Disclosure Requirements: 7.1. Conflict of Interest: This Agreement is subject to chapter 112, F.S. The Grantee shall disclose the name ofa any officer, director, employee, or other agent whoi is also an employee oft the State. The Grantee shall also disclose the name of any State employee who owns, directly ori indirectly, 7.2. Convicted Vendor List: The Grantee has a continuous duty to disclose to the Department if the Grantee or any of its affiliates, as defined by section 287.133(1)(a), F.S., are placed on the convicted vendor list. Pursuant to section 287.133(2)(a), F.S.:"A person or affiliate whol has been more than ai five percent (5%)i interest in the Grantee or its affiliates. FCDEGP Agreement v2024.11.13 Page 3of13 placed on the convicted vendor list following a conviction for a public entity crime may not submit al bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with a public entity for the construction or repair ofa a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant undera contract with any publice entity; andi may nott transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORYTWO for a period of361 months following the date ofbeing placed ont the convicted 7.3. Discriminatory Vendor List: The Grantee has a continuous duty to disclose to the Department ift the Grantee or any ofi its affiliates, as defined by section 287.134(1)(a), F.S., are placed on the discriminatory vendor list. Pursuant to section 287.134(2)(a), F.S.: "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract witha aj public entity fort the construction or repair ofap public building or public work; may not submit bids, proposals, or replies on leases ofreal property toaj publice entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." 7.5. Antitrust Violator Vendor List: The Grantee has a continuous duty to disclose to the Department ift the Grantee or any ofi its affiliates, as defined by section 287.137(1)(a), F.S., are placed on the antitrust violator vendor list. Pursuant to section 287.137(2)(a), F.S.:"A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit al bid, proposal, or reply for any new contract to provide any goods or serviçes to a public entity; may not submit al bid, proposal, or reply for a new contract with aj public entity for the construction or repair ofaj public building or public work; may not submit al bid, proposal, orr reply on new leases ofreal property toap public entity; may not! be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with aj publice entity; and may nott transact new business witha ap public entity." 7.6. Department Inspection of] Records: Pursuant tos section 216.1366, F.S., the Grantee shall permit thel Department to inspect the Grantee's financial records, papers, and documents that are directly related tot the performance oft the Agreement or the expenditure ofstate funds and the Contractor's programmatic records, papers, and documents which the Department determines are necessary to monitor the performance oft the Agreement or to ensure that the terms of the. Agreement are beingi met. The Contractor: shall provide such records, papers, and documents tot thel Department's Contract Manager within 101 business days after a request is made to the Contractor. 7.7. Foreign Gifts and Contracts: The Grantee shall comply with any applicable disclosure requirements in section 286.101, F.S. Pursuant to section 286.101(7), F.S.:"In addition to any fine assessed under [section 286.101(7)(a)), a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision shall automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission for good vendor list." 7.4. Continuing Duty ofl Disclosure ofI Legal Proceedings: N/A cause." 8. Funding Requirements of Section 215.971(1), F.S.: 8.1. The Grantee shall perform all tasks contained in the SOW. 8.2. Receipt by the Grantee of the Department's written acceptance of the units of deliverables specified hereini isacondition precedent to payment under this Agreement andi is contingent upon the Grantee's compliance with the specified performance measure (i.e., each deliverable must satisfy at least the minimum acceptable level ofservices specifiedi in the SOW and the Department FCDEGP Agreement v2024.11.13 Page 4of13 shall apply the applicable criteria stated in the SOW to determine satisfactory completion ofeach 8.3. Ifthe Grantee fails to meet the minimum level ofservice specified in the SOW, the Department 8.4. The Grantee may only expend funding under this Agreement for allowable costs resulting from 8.5. The Grantee shall refund to the Department: any balance of unobligated funds that was advanced 8.6. The Grantee shall refund to the Department all funds paid in excess of the amount to which the 9. Advance Payments: If authorized by sections 215.422(15) or 216.181(16), F.S., and approved in writing by the Department, the Grantee may be provided an advance as part oft this Agreement. 10. Final Invoice: The Grantee shall submit its final invoice to the Department no later than thirty (30) calendar days after the Agreement ends or, in the case of termination, when this Agreement is terminated. Ifthe Grantee fails to do sO, the Department may, at its sole discretion, refuse tol honor any request submitted by the Grantee after thist time period and may consider the Grantee tol have forfeited 11.1. If the Grantee or its independent auditor, if applicable, discovers that an overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days of notification of discovery without prior notification from the Department. If the Department first discovers an overpayment has been made, the Department will notify the Grantee in writing. Should repayment not be made in a timely manner, the Department shall be entitled to charge interest at the lawful rate of interest on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. A check for the amount due should be sent to the Department's Contract 11.2. Notwithstanding the damages limitations of Section 29, ifthe Grantee's non-compliance with any provision of this Agreement results in additional costs or monetary loss to the Department or the State, the Department may recoup the costs or losses from monies owed to the Grantee under this Agreement or any other Agreement between the Grantee and any State entity. fadditional costs or losses are discovered when no monies are available under this Agreement or any other Agreement between the Grantee and any State entity, the Grantee shall repay such costs or losses to the Department within thirty (30) calendar days of the date of discovery or notification, unless the deliverable). shall apply the financial consequences for such failure as specified herein. obligations incurred during thet term of this Agreement. or paid to the Grantee. Grantee is entitled under the terms and conditions ofti this Agreement. any and all rights to payment under this Agreement. 11. Return or Recoupment of Funds: Manager and made payable to the "Department ofF Finançial Services." Department agrees, in writing, to an alternative timeframe. 12. Audits and Records: 12.1. Representatives: ofthe Department, including, but not limited to, the State's Chief Financial Officer or the State's Auditor General or representatives ofthef federal government shall have access to any ofthe Grantee'sb books, documents, papers, andi records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making 12.2. The Grantee shall maintain books, records, and documents in accordance with the generally accepted accounting principles to sufficiently and properly reflect all expenditures of funds 12.3. The Grantee shall comply with all applicable requirements ofsection 215.97,F.S., and Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance. If the Grantee is required to undergo an audit, the Grantee shall disclose all related-party transactions to the auditor. excerpts or transcriptions. provided by the Department under this Agreement. FCDEGP Agreement v2024.11.13 Page 5of13 12.4. The Grantee shall retain all the Grantee records, financial records, supporting documents, statistical records, and any other documents, including electronic storage media, pertinent to this Agreement in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance or the period required by the General Records Schedules maintained by the Florida Department of State (available at ntps/dos.mylloridacommdn7032Npsl-s-2020.pdp, whichever is longer. The Grantee shall cooperate with the Department to facilitate the duplication and transfer of such records or documents upon the Department's request. If the Grantee is required to comply with section 119.0701, F.S., then compliance with the retention of records in accordance with section 119.070(2)b)4, F.S., will fulfill the above stated requirement. If the Grantee's record retention requirements terminate prior to the requirements stated herein, the Grantee may meet the Department's record retention requirements for the Agreement by transferring its records to the Department at the time, and by destroying duplicate records in accordance with section 501.171, F.S., and ifapplicable, section119.0701, F.S. The Grantee shall adhere to established information destruction standards such as those established by the National Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2014)(available: at: 12.5. The Grantee shall includei the aforementioned: audit andi recordkeepingr requirements in all approved 12.6. The Grantee agrees to reimburse the State fort ther reasonable costs ofinvestigation incurred by the Department's Inspector General or other authorized: state official fori investigations ofthe Grantee's compliance with thet terms ofthis Agreement or any other agreement between the Grantee andi the State which results in the suspension or debarment oft the Grantee. Such costs include, but they are not limited to, salaries ofinvestigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Grantee shall not be responsible for any costs ofi investigations 12.7. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee shall comply with this duty and ensure that its contracts issued under this Agreement, if 13. Public Records: Grantee shall comply with the applicable requirement of Addendum A, Public Records Requirements, whichisi incorporated by reference herein.. Allreferences to Contractor"within Addendum A refer to "Grantee." All references to "Contract within Addendum A refer to this 14.1. Unless otherwise specified in the SOW, or through prior written approval of the Department, the Grantee may not: 1) subgrant any of the funds provided to the Grantee by the Department under this Agreement; 2) contract its duties or responsibilities under this Agreement out to a third party; or 3) assign any ofthe Grantee's rights or responsibilities hereunder, unless specifically permitted by law to do sO. Any such subgrant, contract, or assignment occurring without the prior written consent oft the Department will be null and void. Ifthe Department approves the transfer ofa any of the Grantee's obligations under this Agreement, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In addition, this Agreement will bind the successors, assigns, and legal representatives of the Grantee, and ofany legal entity 14.2. The Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. Ifthe Department permits the Grantee to contract all or part of the work contemplated under this Agreement, including entering into contracts with vendors for services, itis understood by the Grantee that all such contractual arrangements must be evidenced htps/nvlpubs.nistgownspubsSpecialPublictionsNiST.SP800-8rt.pdr subgrantee agreements and assignments. that do not result int the Grantee'ss suspension or debarment. any, impose this requirement, in writing, on its contractors. "Agreement." 14. Assignments, Subgrants, and Contracts: that succeeds the Grantee, to the Grantee's obligations to the Department. FCDEGP Agreement v2024.11.13 Page 6of13 by a written document containing all provisions necessary to ensure the contractor's compliance with applicable state and federal laws. The Grantee further agrees that the Department shall not be liable to the contractor for any expenses or liabilities incurred under the contract and that the Grantee. shall be solely liablet to thes subcontractor for all expenses and liabilities incurred under the contract. The Grantee, at its expense, will defend the Department against such claims. 14.3. The Grantee agrees that the Department may assign or transfer the Department's rights, duties, or obligations under this Agreement to another governmental entity upon giving prior written notice 14.4. The Grantee agrees to make payments to its subgrantees and contractors, ifany, within seven (7) business days after receipt of full or partial payments from the Department in accordance with section 287.0585, F.S., unless otherwise stated in the agreement(s) between the Grantee and the contractor(s). Unless the Grantee and the subgrantee(s) or contractor(s) contract for an alternate payment schedule, the Grantee's failure to pay its subgrantees or contractors, ifa any, within seven (7) business days will result in a statutory penalty charged against the Grantee and paid to the subgrantee or contractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such statutory penalty will be in addition to actual payments owed and will not exceed fifteen (15) percent of the outstanding 15. MyHboridaMarketPae: Disbursements under this Agreement are disbursements of State financial assistance to ar recipient as defined ini the Florida Single Audit Act, section 215.97,F.S., and are exempt from the MyFloridaMarketPlace Transaction Fee pursuant to Rule 60A-1.031(6)g), F.A.C. Payments will be made according to the SOW and not through thel MyrlondaMarketPlace system. 16.1. For the requirements of this Section of the Agreement, "nonexpendable property" is the same as "property" as defined in section 273.02, F.S. (equipment, fixtures, and other tangible personal 16.2. All nonexpendable property purchased under this Agreement must be listed ont the property records ofthe Grantee in accordance with thei requirements ofF Rule 691-72.002, F.A.C. For the purposes of section 273.03, F.S., the Grantee is the custodian of all nonexpendable property and shall be primarily responsible for the supervision, control, and disposition of the property in his or her custody (but may delegate its use and immediate control to a person under his or her supervision and may require custody receipts). The Grantee must submit an inventory report to the Department with the final expenditure report and inventory annually and maintain accounting records for all nonexpendable property purchased under the Agreement. The records must include information necessary to identify the property, which at a minimum, must include the following: property tag identification number; description of the item(s); ifa group of items, the number and description of the components; physical location; name, make or manufacturer; year and/or model; manufacturer's: serial number(s); date of acquisition; cost or value at date of acquisition; date last 16.3. The nonexpendable property must not be relocated, distributed, gifted, or loaned to any other fire service provider, agency, or individual. At no time shall the Grantee dispose of nonexpendable property purchased under this Agreement without the prior written permission of, and in accordance with instructions from, the Department. In addition to its plain meaning, "dispose of" includes, selling, exchanging, transferring, distributing, gifting, and loaning. If the Grantee proposes to dispose of the nonexpendable property or take any other action that will impact its ownership of the property or modify the use of the property other than for the purposes stated herein, the Department shall have the right, in its sole discretion, to demand that the Grantee reimburse the Department the fair market value of thei impacted nonexpendable property. to the Grantee. balance due. 16. Nonexpendable Property: property ofan non-consumable and nonexpendable nature). inventoried; and the current condition of thei item. FCDEGP Agreement v2024.11.13 Page 7of13 16.4. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused byt the use of, nonexpendable property purchased with State funds and held in its possession for use in accordance with this Agreement. The Grantee shall immediately notify the Department, in writing, upon discovery ofany property loss with the date and reason(s) for thel loss. 16.5. The Grantee is responsible for the correct use ofall nonexpendable property obtained using funds provided by this Agreement and for the implementation of adequate maintenance procedures to 16.6. A formal amendment to this Agreement is required prior to the purchase of any item of 16.7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement will be vested in the Grantee, subject to the requirements of Section 17, Disposition of Property, below. The Grantee shall provide advance written notification to the Department, if during the five (5); year period following the termination of this Agreement or the depreciable life of the nonexpendable property (determined by the depreciation schedule in use by the Grantee) purchased under this Agreement, whichever period is shorter, the Grantee proposes to dispose of or take any other action that will impact its ownership of the nonexpendable property or modify the use oft the nonexpendable property from the purposes authorized herein. Ifany ofthese situations arise, the Department shall have the right, ini its sole discretion, to demand that the Grantee immediately: reimburse the Department the fair market value ofthei impacted nonexpendable property valued at the time of disposition or modified 18. Additional Requirements Applicable to thel Purchase of, or Improvements to,] Real Property: N/A keep the nonexpendable property in good operating condition. nonexpendable property not listed in Attachment 1, Specific Grant Awards. 17. Disposition of Property: use. 19. Data Security and Information Resource Acquisition: N/A 20. Insurance: 20.1. The Grantee shall, at its sole expense, maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Adequate insurance coverage is a material obligation of the Grantee, and the failure to maintain such coverage may void the. Agreement. The limits ofcoverage under each policy maintained by the Grantee shall: not be interpreted as limiting the Grantee's liability and obligations under this Agreement. All insurance policies must be through insurers authorized to write policies in the State. Specific 20.2. The Department shall be exempt from, and inr no way liable for, any sums ofmoney representing: a deductible in any insurance policy. The payment ofsuch deductible will be the sole responsibility insurance requirements, ifany, are listed in the SOW. ofthe Grantee. 21. Patents, Copyrights, and Royalties: N/A 22. Intellectual Property Rights: Each party shall retain its intellectual property rights to its intellectual property. Noi intellectual property ist to be created or otherwise developed by Grantee fort thel Department 23. Independent Contractor Status: Iti is mutually understood and agreed to that at all times during the Grantee's performance of its duties and responsibilities under this Agreement Grantee is acting and performing as an independent contractor. The Department shall neither have nor exercise any control or direction over the methods by which the Grantee shall perform its work and functions other than as provided herein. Nothing ini this Agreement isi intended to or will be deemed to constitute a partnership under this Agreement. orj joint venture between the Parties. FCDEGP Agreement v2024.11.13 Page 8of13 23.1. Unless the Granteei isa a State agency, the Grantee (andi its officers, agents, employees, subrecipients, contractors, or assignees), in performance of this Agreement, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State. Further, unless specifically authorized to do so, the Grantee: shall not represent to others that, as the Grantee, it has 23.2. Unless the Grantee is a State agency, neither the Grantee nor its officers, agents, employees, subrecipients, contractors, or assignees, are entitled to State retirement or State leave benefits, or to any other compensation of State employment: as ar result of performing the duties and obligations 23.3. The Grantee agrees to take such actions as may be necessary to ensure that each subrecipient or contractor will also be deemed to be an independent contractor and will not be considered or permitted to be in a joint venture with the State nor an agent, servant, or partner of the State as a 23.4. Unless agreed to by the Department in the! SOW, thel Department will noti furnishservices ofsupport (e.g., office space, office supplies, telephone service, secretarial, clerical support, etc.) to the 23.5. The Department shall not be responsible for withholding taxes with respect to the Grantee's compensation hereunder. The Grantee shall have no claim against thel Department for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. The Grantee shall ensure that its employees, subrecipients, contractors, and other agents, receive all legally required benefits and 23.6. At all times during the Agreement period, the Grantee must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443,F.S. 24. Electronic Funds Transfer: The Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer within thirty (30) calendar days oft the date the last Party signed this Agreement. Copies of the authorization form and a sample blank enrollment letter can be found at: Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments 25. Entire. Agreement: This Agreement consists ofa all documents listed in the order of precedence below, each ofv which is incorporated into, and is an integral part of, the Agreement, and together they embody the entire Agreement. This Agreement supersedes all previous oral or written communications, representations, or agreements on this subject. Any conflicts among these documents will be resolved the authority to bind the Department or the State. oft this Agreement. result oft this Agreement. Grantee, its subrecipient, contractor, or assignee. insurance coverage from an employer other than the State. ntps/Imydondaclo.coneMsonlaahendors will be made by EFT. ina accordance with the following order of precedence: . Attachment 1, Statement of Work; ii. This Agreement document; iii. Appendix 1, Itemized Equipment List; (with its Exhibit I); V. Addendum A, Public Records Requirements; and vi. Attachment 3, Index of Applicable Laws and Regulations. iv. Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance 26. Timei is of the Essence: Timei is ofthe essence: regarding the performance requirements set forthi ini this Agreement. The Grantee is obligated to timely complete the deliverable(s) under this Agreement and to comply with all other deadlines necessary to perform the Agreement which include, but are not limited to, attendance of meetings or submittal of reports. FCDEGP Agreement v2024.11.13 Page 9of13 27. Termination: 27.1. Termination Due to the Lack of Funds: If funds become unavailable for the Agreement's purpose, such event will not constitute a default by the Department or the State. The Department agrees to notify the Grantee in writing at the earliest possible time iff funds are no longer available. Iffunds become unavailable, including ifany State funds upon which this Agreement depends are withdrawn or redirected, the Department may terminate this Agreement by providing written notice to the Grantee. The Department shall be the final authority as to the availability of funds and will notreallocate funds earmarked for this Agreement to another program thus causing' "lack offunds." 27.2. Termination for Cause: The Department may terminate this Agreementi ifthe Grantee failsto:(1) satisfactorily complete the deliverables within the time specified in the Agreement; (2) maintain adequate progress, thus endangering performance of the Agreement; (3) honor any term of the Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Grantee shall continue toj perform any work noti terminated. Thel Department's rights and remedies in this clause arei in addition to any other rights andi remedies provided by law or under the Agreement. The Grantee shall not bee entitled to recover any cancellation charges or lost profits. Upon termination, the Department may require that the Grantee return to the Department any funds that were used fori ineligible purposes under the Agreement or applicable program laws, rules, and regulations governing the use off funds under 27.3. Termination for Convenience: The Department may terminate this Agreement, in whole or in part, by providing written notice to the Grantee that the Department determined, in its sole discretion, iti isi ini the State's interest to dos sO. The Grantee: shall cease performance upon receipt of the Department's notice of termination, except as necessary to complete the continued portion of the Agreement, ifany. The Grantee shall not be entitled to recover any cancellation charges or lost 28. Dispute Resolution: Unless otherwise stated in the SOW, the Department shall decide disputes concerning the performance under the Agreement, reduce the decision to writing, and serve a copy on the Grantee. Ifal Party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute arising under thet terms ofthe Agreement will bei in the State courts, and the venue willl bei ini the Second Judicial Circuit, ina and for Leon County. Except as otherwise provided by law, the Parties agree to be responsible for their own costs and attorneys' fees incurred in connection with disputes arising under 29.1. The Grantee shall be fully liable for the actions ofi its agents, employees, partners, subrecipients, or contractors ands shall fully indemnify, defend, and hold harmless the State and thel Department, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, subrecipients, or contractors, provided, however, that the Grantee shall not indemnify for that portion ofany loss or damages proximately caused by the negligent act or omission oft the State or 29.2. Further, the Grantee shall fully indemnify, defend, and hold harmless the State and the Department from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to a violation or infringement ofat trademark, copyright, patent, trade secret ori intellectual property right, provided, however, that thei foregoing obligation will not apply to thel Department'smisuse: or modification oft the Grantee'sp products ort thel Deparment'soperation or use of the Grantee'sp products in a manner not contemplated! by the Agreement. Ifany product is the subject of an infringement suit, or in the Grantee's opinion is likely to become the subject of such suit, the Grantee may ati its sole expense procure for thel Department the rightt to continue using the Agreement. profits. the terms oft the Agreement. 29. Indemnification: the Department. FCDEGP Agreement v2024.11.13 Page 10of13 thej product or to modify itt tob become non-infringing. Ifthe Grantee is not reasonably able to modify or otherwise secure for the Department the right to continue using the product, the Grantee shall remove the product and refund the Department the amounts paid in excess ofar reasonable rental 29.3. The Grantee's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or the Department giving the Grantee: (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at the Grantee's sole expense, and (3) assistance in defending the action at the Grantee's sole expense. The Grantee shall not bel liable for any cost, expense, or compromise incurred or made by the State or the Department in any legal action without the Grantee's prior written consent, which will not NOTE: For the avoidance of doubt, ifthe Granteei isa a State agency ors subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes 30. Force Majeure and Notice of Delay from Force Majeure: Neither Party shall be liable to the other for any delay or failure to perform under this Agreement ifsuch delay or failure is neither the fault nor caused by the negligence ofthel Party ori its employees or agents and the delay is due directly to acts of God, wars, acts ofpublicenemies,; strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any oft the foregoing that affects subrecipients, contractors, or suppliers if no alternate source ofsupply is available. However, ifa delay arises from the foregoing causes, the Party shall take all reasonable measures to mitigate all resulting delay or disruption in accordance with the Party's performance requirements under this Agreement. Ifthe Grantee believes any delay is excusable under this Section, the Grantee shall provide written notice tot thel Department describing the delay or potential delay and the cause of the delay within five (5) calendar days after the Grantee first had reason to believe that a delay could result if the Grantee could reasonably foresee that a delay could result or within ten (10) calendar days after the date the Grantee first learned oft the delay if the delay is not reasonably foreseeable. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Department, in its sole discretion, will determine if the delay is excusable under this Section and will notify the Grantee of its decision in writing. Ifa an extension is legally permissible, and ifone will be granted, thel Department's notice will state the extension period. THE FOREGOING CONSTITUTES THE GRANTEE'SSOLE REMEDY OR EXCUSE WITH RESPECTTOI DELAY. The Grantee shall not assert: a claim for damages against thel Department and shall not be entitled to ani increase in this Agreement price or payment of any kind from thel Department for any reason. If performance is suspended or delayed, in whole or inj part, due to any of the causes described in this Section, after the causes have ceased to exist, the Grantee shall resume performance, unless the Department determines, in its sole discretion, that the delay will significantly impair the ability of the Grantee to timely complete its obligations under this Agreement, in which case the 31. Severability: Ifany provision oft this Agreement, in whole ori inj part, is heldt tol be void or unenforceable by a court of competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions remain in full force and 32. Survival: Any right or obligation of the Parties in the Agreement, which, by its express terms or nature and context, is intended to survive termination or expiration of the Agreement, will survive any such for past use. Thel Department shall not be liable for any royalties. be unreasonably withheld. any liability to the other Party for the other Party' 's negligence. Department may terminate the Agreement in whole ori in part. effect. termination or expiration. FCDEGP Agreement v2024.11.13 Page 11 of13 33. Execution in Counterparts: The Agreement may be executed in counterparts, each ofv which will be deemed an original anda all ofwhich will constitute but one and the same instrument. 34. Contact Information for Grantee and Department Contacts: Grantee's Payee: City of Sebring 368 S. Commerce Ave. Sebring, Florida 33870 (863)471-5105 obpoeamutmE.on Department's Agreement Manager: Ginie Chibuzor 2001 E. Gaines Street Tallahassee, Florida 32399 (850)413-3631 Ginie.chbuzor@myfloridacfo.com Grantee's. Agreement Manager: Jared Lee 301 N. Mango St. Sebring, Florida 33870 (863)471-5100 Aredeeamvcring.com Ifany of the information provided in this Section changes after the execution of this Agreement, the Party making such change will notify the other Partiesi in writing ofsuch change. Such changes will not The contact information provided in the immediately preceding Section must be used by the Parties for all communications under the Agreement. Where the terms "written notice" or notice "in writing" are used to specify a notice requirement herein, said notice will be deemed to have been given when (i) personally delivered; (ii) transmitted via facsimile with confirmation of receipt or email with confirmation of receipt if the sender on the same day sends a confirming copy of such notice by a recognized overnight delivery service (charges prepaid); (iii) the day following the day (except ifr nota Business! Dayt then the next Business Day) on which the samel hast been delivered prepaid toarecognized overnight delivery service; or (iv) on the date actually received, except if there is a date of the require a written amendment to the Agreement. 35. Notices: certification ofreceipt, then on that date. [THE REMAINDER OF THE PAGE IS INTENTIONALLYLEFTBLANK FCDEGP Agreement v2024.11.13 Page 12of13 IN WITNESS THEREOF, and in consideration oft the mutual covenants set forth above and int the documents that make up this Agreement, the Parties have caused to be executed this Agreement by their undersigned, duly-authorized officials. CITY OF SEBRING DEPARTMENT OF FINANCIAL SERVICES By: Name: Title: Date: By: Name: Title: Date: FCDEGP Agreement v2024.11.13 Page 13of13 Attachment] 1 STATEMENT OF WORK 1. Project Description. The Grantee has been awarded funding in Line 2476 of the General Appropriations Act for the 2024-2025 Fiscal Year in the amount of$3,563.25. The funds will be used for the purchase ofequipment, specifically twenty-six (26) hoods and twenty-six (26) pairs of gloves, as further described in Appendix 1, Itemized Equipment List. Program Requirements. The Division of State Fire Marshal (Division) is to enter into grant agreements to provide financial assistance to help career fire departments, combination fire departments, and volunteer fire departments procure equipment and supplies designed to mitigate exposure to hazardous, cancer-causing chemicals when the Florida Legislature appropriates funding for this purpose to the Department for the Firefighter Cancer Decontamination Equipment Grant Program. The Division prioritizes the annual award of grants to those career, combination, and volunteer fire departments demonstrating need via participation in the annual Florida Fire Service Needs Assessment Survey, in compliance with the requirement to submit fire incident data as required in Rule 69A-66.004, F.A.C., in compliance with thel Florida Firefighters Occupational Health and Safety Act (or has a plan for correction for any noncompliance issue filed with the Division), and in compliance with the requirement to provide a minimum 25% match of nonstate funding for the amount of funding a. Purchase vehicle exhaust capture systems that are either mounted in the stations or on the vehicles and are compliant with the standards of National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety, Health, and Wellness b. Purchase personal protective equipment extractor units that are designed to operate using 110-volt alternating current (AC); however, additional costs such as wiring and installation Purchase personal protective equipment extractor units not designed to operate using 110- volt AC current; however, additional costs such as wiring and installation will not be d. Purchase second issued hoods, gloves, and helmet earflaps that are compliant with the standards of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, as specified in Rule 69A-37.060, F.A.C., and that can be Purchase other equipment that is used to mitigate exposure to hazardous, cancer-causing Purchase supplies that are used to mitigate exposure to hazardous, cancer-causing Provide educational training designed to mitigate exposure to hazardous, cancer-causing 2. requested and proofo ofthat funding. Grantees shall only use funds to: Program, as specified in Rule 69A-62.025, F.A.C. will not be covered. covered. exchanged at the scene ori in quarters after fire extinguishment. chemicals when specifically authorized by the Division. chemicals when specifically authorized by the Division. chemicals when specifically authorized by the Division. Attachment 1, Statement of Work v2024.11.15 Pagelof3 3. Grantee's Responsibilities. The Grantee shall: Purchase the equipment as specified in Appendix 1, Itemized Equipment List. b. Provide the Department with the required supporting documents with the invoice as specified in Section 6, Invoice Submittal and Payment Schedule. Receive the equipment as described in Appendix 1 in a timely manner not to exceed the Agreement Duration stated in Section 3., Agreement Duration, ofthe Agreement. d. Provide the Department with sufficient documentation that ensures receipt of the Provide the Department with documentation, upon Department's demand, evidencing status reports. Grantee shall provide status report documentation on the Status Update Submit monthly fire incident data to the National Fire Incident Reporting System via tp/onw.ntir.emagoVNFRSWeMoEn for the entire duration of the Agreement Duration listed in the Agreement. Proof of submittance of fire incident data is required to Maintain all: fire department profile and roster records within the electronic database ofthe 1. Demonstrate compliance with the Florida Firefighter Occupational Safety and Health Act by having completed a compliance inspection within the previous three years or having a compliance inspection conducted before the grant funds are awarded. Provide the written agreement with the fire service provider under which the Grantee is Department's Responsibilities. The Department shall monitor the Grantee's progress as it deems necessary to verify that all requirements of the Agreement are being performed in accordance with this Agreement. The Department shall review submitted documentation and process payments to the Grantee to reimburse allowable, reasonable, and necessary The Department will monitor reporting compliance for the Grantee and will notify the equipment. Request Form, incorporated by reference as Attachment 4. be provided to the Department upon the Department's 's demand. Bureau of Fire Standards and Training. operating. 4. expenditures, not to exceed $3,563.25. appropriate parties ofnon-compliance. 5. Deliverables. The Grantee shall complete the following deliverable: Deliverable No. 1-1 Purchase twenty-six (26) hoods and twenty-six (26) pairs of gloves Task Purchase and receive equipment as described in Appendix 1, Itemized Equipment List. Documentation checks, bank: statements, or electronic fund transfers. Financial Consequences Agreement for any equipment received outside of the specified Agreement Duration, ori if accurate A. Grantee must provide proofof The Department will not reimburse payment in the form of cleared the Grantee pursuant to the B. Grantee must provide proof of and sufficient documentation is not receipt oft the equipment in the received from the Grantee. form of photos, packing slips, or other equivalent documentation. TOTAL AMOUNT NOT' TO EXCEED: $3,563.25 Attachment 1, Statement of Work v2024.11.15 Page 2of3 6. Invoice Submittal and Payment Schedule. This is a cost reimbursement contract. The Department will reimburse the Grantee upon satisfactory completion of the deliverable requirements specified in Section 5, Deliverables, and in accordance with the terms and conditions oft this Agreement for ai total dollar amount not to exceed $3,5636.25 subject to the a. Complete the Reimbursement Request Letter, incorporated by reference as Attachment 5, signed by the Grantee's Agreement Manager certifying that the costs being claimed int the Are specifically for the equipment represented int this Agreement; availability of funds. To request reimbursement, the Grantee shal!: invoice package: ii. Have been paid; ii. Were incurred within the Agreement Duration as specified in the Agreement iv. Are notac duplicate, and duplicates will not bes submitted to another funding source. b. Provide all documentation necessary to demonstrate completion oft the Deliverable listed Provide the itemized invoice from the vendor listed in Appendix 1, that matches the Duration oft the Agreement; and in Section 5, Deliverables. equipment described in Appendix 1. d. Provide proofof payment to the specified vendor. 7. Financial Consequences for Failure to Timely and Satisfactorily Perform. Failure to complete the required duties outlined in this SOW shall result in the automatic rejection ofa request for reimbursement of the associated expenditures for the applicable deliverable(s). Failure to provide documentation required in Section 5, Deliverables within the specified Agreement Duration shall result int the expenditure not being reimbursed by the Department. This provision for financial consequences shall not affect the Department's right to terminate Disposition of] Property. Pursuant to Section 16, Nonexpendable Property, ofthis Agreement, upon satisfactory completion of the requirements of the Agreement, the Grantee is authorized tor retain ownership of any nonexpendable property purchased under this Agreement; however, the Grantee hereby grants tot the Department a right of first refusal in all such property prior to disposition of any such property during its depreciable life, ina accordance with the depreciation schedule in use by the Grantee, but not to exceed five (5): years following the termination of the Agreement. The Grantee shall provide written notice of any such planned disposition and await the Department's response prior to disposing of the property. "Disposition" as used herein, includes, buti is not limited to, the Grantee no longer using the nonexpendable property fort the uses authorized herein, and thes sale, exchange, transfer, trade-in, or disposal ofany such nonexpendable property. The Department, in its sole discretion, may require the Grantee to refund to the Department the fair market value of the nonexpendable property at the time of the Agreement as provided elsewhere in the Agreement. 8. disposition rather than taking possession oft the nonexpendable property. -End of Attachment 1 (Statement of Work)- Attachment 1, Statement of Work v2024.11.15 Page e3of3 Appendix 1 Itemized Equipment List Rev. 11/17/23 FIRE-TEC11 INC 1485 Banks Rd Margate, FL 33063 US 9549605068 bling@iretecinc.com mtp/www.iretecno.com Quote FINE-TEC www.firetecinc.com ADDRESS Sebring Fire Department 301 North Mango Street Sebring, Florida 33870 SHIP1 TO Sebring Fire Department 301 North Mango Street Sebring, Florida 33870 QUOTE# 2045 SALES REP S. Buttermore DATE DATE 09/09/2024 DESCRIPTION QTY RATE 26 69.95 26 109.95 AMOUNT 1,818.70 2,858.70 3D-Saber Pro Glove 3D-Saber Pro Gloves INNOTEX GRAY HOOD 25-N ML INNOTEXB GRAYM hood 25, ext layer. 20% Nomex8/80% Lenzing; STEDAIRO PREVENT (M/L) int. layer. Shipping and Handling Shipping Estimate 1 73.60 73.60 $4,751.00 TOTAL Accepted By EatBag Accepted Date 9/10/24 ATTACHMENT2 Department of Financial Services Division of Accounting and Auditing Bureau of Auditing AUDIT REQUIREMENTS FOR AWARDS OF STATEANDI FEDERAL FINANCIAL ASSISTANCE The administration of resources awarded by the Department of Financial Services (Department) to the Grantee may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews ofaudits conducted in accordance with2CFR: 200, Subpart F- Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 2CFR $200.425, or other procedures. By entering intot this agreement, the Grantee agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Grantee is appropriate, the Grantee agrees to comply with any additional instructions provided by Department stafft to the Grantee regarding such audit. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: Federally Funded in2CFR $200.90, $200.64, and $200.70. This part is applicable ift the Grantee is a state or local government or a nonprofit organization as defined 1. A grantee that expends $750,000 or more in federal awards ini its fiscal year must have a single or program-specific: audit conducted ins accordance with the provisions of2CFR2 200, Subpart F- Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department by this agreement. In determining the federal awards expended in its fiscal year, the Grantee shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2CFR $$200.502-503. An audit ofthe Grantee conducted by the Auditor General in accordance with the provisions of2 CFR $200.514 willi meet the requirements ofthis Part. 2. Fort the audit requirements addressed in Part I, paragraph 1, the Grantee shall fulfill the requirements 3. A grantee that expends less than $750,000 in federal awards ini its fiscal year is not required to have an audit conducted in accordance with the provisions of2CFR2 200, Subpart F- Audit Requirements. Ifthe Grantee expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordançe with the provisions of2CFR: 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be relative to auditee responsibilities as provided in 2 CFR $$200.508-512. paid from Grantee resources obtained from other than federal entities). Part II: State Funded 1. Inthe event that the Grantee expends at total amount ofstate financial assistance equal to ori in excess of$750,000 in any fiscal year ofsuch Grantee (for fiscal years ending. June 30, 2017, or thereafter), the Grantee must have a state single or project-specific audit fors such fiscal year in accordance with section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistançe awarded through the DFS-A2-CL Rev. 11/18 Rule 691-5.006, F.A.C. Page -1- AUDITI REQUIREMENTS FOR AWARDS OF STATE ANDI FEDERALI FINANCIAL. ASSISTANCE Department by this agreement. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does noti include federal direct or pass-through awards and resources received by 2. For the audit requirements addressed in Part II, paragraph 1, the Grantee shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission ofa financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General. 3. Ifthe Grantee expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending. June 30, 2017, or thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. Ifthe Grantee expends less than $750,000 in state financial assistance ini its fiscal year and elects to have an audit conducted in accordance with the provisions ofsetion21597,FS. the cost oft the audit must bej paid from ther nonstate entity'sresources: (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other than state anonstate entity for federal program matching requirements. entities). Part III: Other Audit Requirements Part IV: Report Submission N/A 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F- Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR $200.512, by or on behalf of the Grantee directly to the Federal Audit Clearinghouse (FAC) as The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location oft the FAC and data entry system may be found at the 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on provided in 2 CFR $200.36 and $200.512. OMB website. behalfoft the Grantee directly to each of the following: a. The Department at each oft the following addresses: Electronic copies (preferred): Ginie.Chibuzor@MVFloridacto.com or Paper (hard copy): Ginie Chibuzor Department of Financial Services 2001 East Gaines Street Tallahassee, Florida 32399-0340 Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 b. The Auditor General's Office at the following address: DFS-A2-CL Rev. 11/18 Rule 691-5.006, F.A.C. Page- -2- AUDITI REQUIREMENTS FOR AWARDS OF STATEANDF FEDERAL FINANCIAL ASSISTANCE The Auditor General's website ntps/lauditor.gov) provides instructions for filing an 3. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with 2 CFR $200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit 4. Grantees, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee in electronic copy ofa financial reporting package. organizations), Rules oft the Auditor General, as applicable. correspondence accompanying the reporting package. Part' V: Record Retention The Grantee: shall retain sufficient records demonstrating its compliance with thet terms of the award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO, or Auditor General access tos such records uponi request. The Grantee shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by thel Department. DFS-A2-CL Rev. 11/18 Rule 691-5.006, F.A.C. Page -3- AUDITI REQUIREMENTS: FOR AWARDS OF STATE AND FEDERAL: FINANCIAL ASSISTANCE EXHIBIT1 Federal Resources Awarded to the Grantee Pursuant to this Agreement Consist of the Following: 1. Federal Program A: N/A 2. Federal Program B: N/A Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: 1. Federal Program A: N/A 2. Federal Program B: N/A State Resources Awarded to the Grantee Pursuant to this Agreement Consist of thel Following: Matching Resources for Federal Programs: 1. Federal Program A: NA 2. Federal Program B: N/A Subject to Section 215.97, F.S.: 1. State Project A: State Project: Fire Decontamination Equipment Grant Program State Awarding Agency: State ofFlorida, Department of Financial Services Catalog of State Financial Assistance Title and Number: Fire Decontamination Equipment Grants, Amount: The amount listedi in Item 5, Deliverables, int this Agreement's Attachment 1, Statement of 43.013 Work. 2. State Project B: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement. Are as Follows: The requirements ofthis Agreement, section 633.137,F.S., and Rule 69A-37.503, F.A.C. DFS-A2-CL Rev. 11/18 Rule 691-5.006, F.A.C. Page -4- Attachment 3 Index of Applicable Laws and Regulations 1. Statutory Requirements: Chapter 112, F.S. (conflict ofinterest) Chapter 119,F.S. (public records and exceptions to disclosure) Section 216.1366, F.S. (inspection of records) Section 286.101, F.S. (foreign gifts and contracts) Section 286.25, F.S. (sponsorship) Section 287.133, F.S. (convicted vendor list) Section 287.134, F.S. (discriminatory vendor list) Section 287.137,F.S. (antitrust violator vendor list) Americans with Disabilities Act Immigration andl Nationality Act 2. Audit Requirements: Section 20.055, F.S. (audit investigations) Section 215.34, F.S. (return or recoupment of funds) Section 215.97,F.S., Florida Single Audit Act Sections 11.062 and 216.347, F.S. (prohibitions on the use ofs state funds for lobbying purposes) Section 215.971,F.S., Agreements Funded with Federal or State Assistance 3. Financial Requirements: Section 215.422, F.S. (payments from state funds) Section 273.02, F.S. (nonexpendable tangible personal property) Section 287.0585, F.S. (payments to subcontractors) Rule 60A-1.031, F.A.C. MyrondaMarkct'ace, ChiefFinancial Officer Memoranda Nos. 1,2, and 4 (effective July 1, 2020) Rev.07/27/2021 DIVISION OF Jimmy siti STATE FIRE MARSHAL Patronis FLORIDA DEPARTMENT OF FINANCIAL SERVICES Equipment Grant Status Report Instructions: This form is to be completed byt the grantee at least once during the Performance Period. Complete all sections to the best of your ability and send to the assigned Grant Manager within the Division of State Fire Marshal. Grantee: Reporting Date: Contract Number: Equipment Purchase Description: 1.P Phases Complete (Check) Quote from Vendor Grant Execution Equipment Order Payment Equipment Purchased Equipment Delivery 2. Has the Grant Agreement been executed? Ifr not, 3.V When doy you expect to have all phases - - 4. Problem Areas/Other Ccompt/Reisomipear. Difficulties, etc): Grantee Representative Icertify that the information provided above is true and correct per the terms of the Grant Agreement. Date Printed Name/Title Signature Comments/Notes Review Date Site Visit _Yes _No N/A Contract Manager Signature DIVISION OF fmA STATE FIRE MARSHAL FLORIDA DEPARTMENT OF FINANCIAL SERVICES Grant Agreement Attachment 5-1 Reimbursement Request I, on behalfof (Print name of Grantee's Grant Manager) (Print name of Grantee) do hereby certify for Contract No. and Reimbursement Request No. that: The costs being claimed on this request are specifically for the equipment listed in the grant award and agreement; 2) The Grantee has paid such costs; 3) The costs being claimed on this request were incurred within the dates specified in the Performance Period of the 4) The costs being claimed on this request are not a duplicate and will not be requested from any other fund source. Agreement document; Signature of Grantee's Grant Manager Print Name DIVISION OF STATE FIRE MARSHAL mA FLORIDA DEPARTMENT OF FINANCIAL SERVICES Reimbursement Detail Request # Submit Date: Contract # Deliverable: Grantee: Grantee Address: Grantee Contact: Reimbursement Requested Vendor Invoice # Invoice Date Invoice Description Request Total $ Required Match $ Total Previous Payments $ Total Grant Amount $ Remaining Funds s Grantee Certification: Sign here and complete the Grantee's Certification of Reimbursement Request on Page 1 to certify that the amount being requested for reimbursement is true and valid in accordance with the Agreement. Grantee Signature & Date: SFM Use Contract Manager Receipt: Component Checklist: Vendor Invoice(s) Payment Tasks Performed Funds Reconciled CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2025 PRESENTER: Noethlich AGENDA ITEM#: 8H-Annual Pro Watercross Event BACKGROUND: Please find attached a Special Event Application from Lane Teitelbaum (Attachment A): for the utilization ofVeteran's! Beach Park, boat ramp, adjacent City parcel to south ofhost ramp and the City parcels across Lakeview forajet ski race event on Lake. Jackson. The event will be a two-day event beginning April 12th. The jet ski races will occur off the shoreline of the park and will runi in aj parallel rectangular shape (600'x400") to the park, so that the raçes will be viewable by the public. The organizer is requesting the following: Use oft the above facilities from Friday, April 11th- Sunday, April 13th, 2025. (Attachment B) Closure of the boat ramp for Saturday, April 12th and Sunday, April 13th during Waiver oft the City's open container ordinance for the lakeside of the event during Variance from City Code of Ordinances Section 25-2 as it relates to watercraft operation and distances from shore and the Veterans Beach boat ramp Waiver oft the attached fee estimates provided by the Sebring Fire Department and Public Works for provision of City services (Attachment C) the race activities the event REQUESTED MOTION: Approve event as presented conditioned upon providing Liability Insurance of at least $ 1 million dollars and naming the City as additional insured. COUNCIL ACTION: APPROVED DENIED TABLEDTO: Moved by: Seconded by: Carlisle Havery_ Mendel Stewart Bishop OTHER ATTACHMENT A Page Two of1 Two Cityo of Sebring Special Event Application Page One of Two Scction 01-Orpankzation Information Namee of Orgamization Arrsirsan Street Address Telephone EEADESE Number 90435-o14 Personi n Charge/ Contact Person ane Tekelbaum Street Address S5R EAlons Emgil Address loatevst-v-l Telephone, umber Section 02- -E Eventl Information Name ofE Event Pfo Wakrcross Rain Date (if: applicable) NIA Desired General description of thee event: Motorized Jet Sk: lace Eventi Participation- Anticipated Numbero of: Participants: 3 Event Questionnalre- Please unswer EACHg question so that. wen maya adequately Doy youn needa anys streets orr roadwaysc closed fort the cvent? Doy your needa anyp parking restrictions enacted fort thee event? Willy youb bcu usinga city park loh holdy yourc cvent? Isthee evento considered" high-risk"(cg. sea-planc ly-in, boatr races, D-Dcly water- related athletic event, balloon fst,e etc.) Will theret Der anys special demonstrations: alll thec cvent? (ic.s stunts shows, driving exhibitions, burnout contests. ctc.) hazardous matcrials. chemicals oro other conditions? Willt thereb be: any fireworks or pyrotechnics? Willy youb be selling. serving ord distributinga alcohola alt thec event? Willp people he sllowed 100 consume: alcohol whilea al youro event? Willi there beaband, DJore other musiclentertainment: aith thee cvent? ients. canopies. buildings. stages, cic.? Willy your eventu utilize the City Stage? reference 10 your cvent? Venlures Ciy Tacksiolu PaxNumber S+ TRaalV 91-635-014 CU4. Slate FL Areyouas 501(C)3 oro other non-profit tyes, Corporate Name: Arfujation Direbr SPoris Tourisn R Mobile Phone Number 904-625-014 Doiher: VipCode 32202 Organization? 3202 Phgne Numbergn Dayo Even!: 27254 (mmiddyear) 4/12. 4/13 Ending7 Timeo ofE Event 1pm, PoLes Event Repetition DMonthly nnusDatels)o of Event lonshons undh lavente af oirs oE Multi-day? Loles Siarling Timec ofk Event tfyes. howr many? 3 Lake Jackson Location oft thec event: Toumvincledeu uns aerveimapi thato oulines thel 8am Spectators: 30 Issuc Vendor: 1 Vehicles: 100 Special Events Coordinator Action assist youy with planning for youro event. 'yes' permission willh he neededi locloser roadways. State Roadc closures (US 27,5R17, o DeeteomgueD DOT: approval. County: andk localr roadsr require City Councilor County 8o Delsi permission loc closec cityr parking! lots andp public parking spacesi must bes availabilily mustb bev verified and City Council approvalmay be required. Do Ees Iyes". safcty aspecis ofthes special cventr necdi tob bec Coordinated withy public safety entitics. BJNo Cres "'yess aspecis ofthes special event needi lobec coordinated withy publics safciy cnutics BoDres r'yes the vendor must bel licensed: andi thes safety aspects ofthes speciale cventr need tobe Bo Dues Tohacco(DABTI. Licensurei information throughu thel Division ofA Alcoholic Beveragesa and yes, ina addition loana alcoholi license, cabb an" be alcohol obtained ar( (850)4 488-8284. yes'ay oullines food variance vendor fori notilication: thec city's" "Noise andl licensure Ordinance" requirements. BoDyes requested throught thes Scbring City Council. might ber necessary. Thiss shouldbe oDyes yes'n rental mayb bea arrangdi throughi the Citya ofs Scbring: NoDes must be complieda anda approved. Commission: approval. thec cityc council safctya grantedby Docs the cvent pose anys special concemf forp publics safcty duet tot theg presenceof ""yes",s safciy: aspects ofthes speciale ShoDe eventn needt tobec coordinated withp publics safcty entities "yes", coordinated thec cvenin withp publics needst safewy tobel licensedt entitics. EoDres the Scbring City Council. variance" may! havet tobes grantedby mayh tobei inspested Will food vendors be cooking or serving food: atl thec event? Dole es'ip provider thec evente coordinator witha copy of DBPR. Form! HRS 5030-034which Docs youro eventr necessifate theu used ors sclup ofanyt temporary structuress suchg yus',p pennist may ben nccessary andi theses structures havet Doy youv want tod display's orl hang anyb banners ors signs abovet the roadwayin_ "yes", then approvals mayl bencessary. Forb banners ons staN fusds,al DOT Banner Isthec cvent" "animalr related" (animal rides. rodcos, Zo0s, races, cte.) "ghe Dies ""yes".c cnsurer thats safe anda appropriate: animall handlng measures) haveb beenp putinplare. Do Dres Request Localr road closures require application submittal 30 days priort to event"" * State road closures require application 45 days prior to event" : "Return Hold Harmless Agreement City of Sebring Hold Harmless Agreement Page Two of Two Indemmifeation/lold Harmless Agreement Applicant hercby agrees to indemnify and hold thc City of Scbring ("City") harmless from any and all damages, loss or liability occurring by reason ifany injury to any person or damage to property which may occur as a result ofthes special event by Applicant ori its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them orb by an act or omission, neglect, or wrongdoing of Applicant ori its officers, agents, representatives, guests, employees, invitees, or persons contracting with any oft them and Applicant will, at its own cost and expensc, defend and protect thc City against any and all claims or demands which may bc claimed tol have arisen as a result of or in conncction with the spccial cvent by Applicant or its officers, agents, representatives, guests, employees, invitecs, or persons contracting with any ofthem or by an act or omission, neglect, or wrongdoing ofApplicant ori its officers, cmployccs, agents, representatives, guests, invitees, or persons contracting with any of them. Applicant does hercby remise, relcase, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that it ever had, now has, or may have against the City asa result oft the special cvent by Applicant or its officers, employces, agents, representatives, gucsts, invitecs, or Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount of at least $1,000,000 combined single limit coverage of Bodily Injury and Property Damage. Applicant willl have the City named as an additional insured on Applicant's liability policy and will provide a current Certificate of Insurance In any action brought for the enforcement of the terms of this agreement through the courts, the City shall be entitled to recover reasonable attorey's fees, paralegal fees, court and other costs, to andi including appeal from persons contracting with any oft them. prior to the cvent as evidence of Applicant's compliancc. Applicant. Lane Tllaun - Dic Sos Touisa Relationship to! Event Organization Cawe Witness 129-24 Date ATTACHMENT B Broagea Doth Startingarea Olicalplation Officials Hauler Team Hauler Team Hauler Gooch Teamtents ATTACHMENT C ATTACHMENT C EBRING ciy OW THE CIRCLE OEPART CITY OF SEBRING - FIRE DBPARTMENT 301 North Mango Street Sebring, Florida 33870 (863)471-5105 Bill To: Airstream Ventures EVENT: 2025 Pro Watercross ESTIMATE NUMBER Fire132025 ESTIMATE DATE January 3, 2025 Qty. 22.00 22.00 22.00 UNIT HR HR HR Description Rate Per Unit $ Amount Rescue Cart 1 (Hrs. for 4/12/25 and 4/13/25) 5.00 $ 45.00 $ 45.00 $ 110.00 990.00 990.00 Rescue Cart EMT Rescue Cart EMT (Hrs. for Sat. and Sun.) $ (Hrs. for Sat. and Sun.) $ TOTAL $ 2,090.00 Estimate only DIRECT INQUIRIES TO: Assistant Chief Riley (863) 471-5105 email: dinasle/émyscbrngcon This estimate was created using the best information available at the time it was created. Invoice may differ. from estimate. Invoice will be billed by actual hours worked. EBRING chy OW THE CIRCLE CITY OF SEBRING - PUBLIC WORKS Estimate 1421 Hawthorne Drive Sebring, Florida 33870 (863) 471-5115 Bill To: Name: Airstream Ventures Invoice Number Address: 1859 East Adams Street City, State, ZIP: Jacksonville FI32202 Pro Watercross April 12 & 13, 2025 Estimate Date January 3, 2025 Event: Qty. 22.00 10.00 2.00 UNIT ea. ea. ea. Description Rate Per Unit 30.00 $ 75.00 $ 200.00 $ $ $ Amount Public Works Employee onsite for event ($30 p/h) $ Blues Cans/Trash Pick-up (2 days @ $75/day) $ Dumpster (2 days @ $100/day) 660.00 750.00 400.00 $ SUBTOTAL $ 1,810.00 PAY THIS AMOUNT DIRECT INQUIRIES TO: Iris Cruz (863) 471-5115 email: iscruzemysebring.com MAKE ALL CHECKS PAYABLE TO: City of Sebring Attn: Finance Department 368 South Commerce Avenue, Sebring, Florida 33870 PLEASE NOTE THE INVOICE NUMBER ON YOUR PAYMENT. PAYMENT IS DUE UPON RECEIPT OF THIS INVOICE. CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2025 PRESENTER: Cook AGENDA ITEM#: 8I-Award Sanitary Sewer Evaluation Survey - ITB# 25-004 BACKGROUND: The City's CDBG-MIT grant for the Sanitary Sewer Infrastructure Plan Hardening project was awarded to the engineering firm ofl Mittauer and Associates. Mittauer and Associates recommended a sanitary sewer evaluation survey (SSES) be conducted before the project can begin. The findings oft this investigation are necessary to determine the construction scope of work. Mittauer and On December 10, 2024, the Purchasing department received bids for the Sanitary Sewer Evaluation Survey. The ITB drew in bids from (7) vendors. The lowest bidder was Hydro-Klean LLC, with al bid amount of$163,158.00. Mittauer and Associates recommends the city award this project to the next lowest-bidder, National Water Main Cleaning Company, with a bid amount of $167,549.00. Thej price difference between the lowest and second lowest bidder is $4,391.00. The City and the lowest bidder have unresolved differences on the services provided by the lowest bidder on aj previous utility project, as REQUESTED MOTION: Approve the recommendation to award the bid for the Sanitary Sewer Evaluation Survey to National Water Main Cleaning Company and instruct City Attorney to draft a Associates worked with city staff to create an invitation to bid for the SSES. set out in the Routing and Transmittal communication on this matter. contract. Attachments: ITB #25-004 Bid Opening Tabulation Sheet Award Recommendation from Mittauer & Associates Bid submittal from Hydro-Klean LLC Bid submittal from National Water Main Cleaning Company COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: L Seconded by:. Carlisle Havery Mendel Stewart Bishop. OTHER 8888888 8888888 8888888 8888888: 8888888 8898889 8888888 8888858 3598 eaags aaGagi 8888888 8888888 8888888 8888888 38aea #333333 3083866 Guwea8 888888 8888888 8888888 88888885 e 88885 888988 8883858 8888888 0455 a58ag8 S8a563" 8860388 8888888 8888888 9989999 8888388 3338888 $883338 9980205 895e 888888 8888888 8888888 88888888 8889 8888888 88888 16 88888888 898. 8485955 888 2888888 9828888 8888888 8888888 388355 908835 6666605 6886838 888888 8888888 8888888 88888888 d0 8888888 8882888 8888838 9888888 9943833 9489922 8888888 3283388 888 8888888 8888888 8888888 88888888 8689888 8869888 8EKB 88 8883889 3828493 2282202 2882888 5449483 6889423 iii : ii 888 8888888 8888888 8888888 8888888 8888888 8888889 9889845 888888 SSS 9959 88*8* 856 Si Siii 888 R8R8888 8888888 PRRRRRR 8888888 388 5668386 5566665 8888888 sa5b8 88 8888838 8888888 8888888 8888888 o 8088288 8883889 8088989 833 858588" 116 8 885 3888888 8888888 RPBPPR 3888888 #988495 5466600 8888888 882888 9993 5555555 5555555 5555555 55555895 de 888 8889 8888889 8888889 888888- 2 6885883 3 88858 ssa 86 o 882 PROF 888588 d0 55ish 288 &8 : : MITTAUER BASSDCIATES,INE. CONSULTING ENGINEERS & PROJECT FUNDING SPECIALISTS LL ENGINEERING EXCELLENCE 35- 580-1 WELLS ROAD ORANGE PARK, FL 32073 PHONE: (904) 278-0030 FAX: (904) 278-0840 WW.MITTAUER.COM December 30, 2024 VIA EMAIL Mr. John Shoop, Mayor City of Sebring 368 South Commerce Avenue Sebring, Florida 33870 RE: Engineer's Recommendation of Award City of Sebring, Florida Sanitary Sewer Evaluation Survey, ITB #25-004 Mittauer & Associates, Inc. Project No. 2402-02-2 Dearl Mayor and City Council Members: On December 10, 2024, seven (7) bids were received in response to the City's Invitation to Bid on the Sanitary Sewer Evaluation Survey project, ITB# 25-004. We have reviewed the bids and, based on our evaluation, recommendawarding: the contracti to thes second low bidder, National Water Main Cleaning, Co. Attached is a copy of the Certified Bid Tabulation which we have prepared for your reference. Although Hydro-Klean,' LLC was thel low bidder, they are: not being recommended duet to concerns with the quality oftheir performance on previous City contract(s). In accordance with the City's Ordinance, Section 2-356(b)(3) and Purchasing Policy, the City not only determines the lowest responsive and responsible bidder based on price, but also by taking into consideration "the quality of performance on previous Based on these considerations, National Water Main Cleaning, Co. has been determined to be the lowest responsive and responsible bidder for this project. Contingent upon approval by your attorney, as well as receipt of proper bonds and insurance certificates, we recommend that the project be awarded as follows: contracts, orders or services." CONTRACTOR: National Water Main Cleaning, Co. 1806 Newark Turnpike Kearny, NJ07032 Tel: (973)483-3200 Email: bidreg@nwmc.com $167,549.00 (All Unit Price Bid Items) TOTAL AWARD AMOUNT: available to answer any questions. Sincerely yours, Mittauer & Associates, Inc. Kellen A. Lindsey, P.E. Senior Project Director KAL/aem Enclosure Wel look forward to continuing our: services on1 the Construction Phase ofthis] project.. Asalways, wei remain Kellen AI Lindsey 2024.005.20320 Kellen A Lindsey 2024.12.301 15:50:24-05'00 SECTION 00410 BID FORM SANITARY SEWER EVALUATION SURVEY CITY OFSEBRING, FLORIDA ITB#25-004 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE1-BIDDER SUBMITTED BY: Hydro-Klean, LLC 333 NW 49th Place Des Moines, IA 50313 BIDDER'SCONTACT: Jilll Lomp PHONE NO.: 515-283-0500 FAXNO.: 515-283-0505 DATE: 12/3/2024 Company Name (printedo ort typed) Address City, Stote, Zip Name EMAIL ADDRESS: lomp@hksolutionsgroup.com BIDDER'S BUSINESS LICENSE NO.: CGC056901 ARTICLE2-OWNER 2.01 This Bid is submitted to: City of Sebring 368 South Commerce. Avenue Sebring, Florida 33870 Purchasing Office, Attn:. Jamee Cook, Purchasing Agent 2.02 The undersigned Bidder proposes and agrees, ift this Bid is accepted, to enteri into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and inaccordance with the other terms and conditions oft the Bidding Documents. Modified per Mittauer & Associates, Inc. EJCDC C-410, Bid Form for Construction Contract. and American! Society ofCMlEngineers. Allrights reserved. Copyright 2018 National Society ofF Professional Engineers, American Councilc ofE Engineering Companies, 2402-02-2 00410-1 Addendum No. 1 Bid Form ATICES-ATTACHMENTS TO1 THISE BID 3.01 The following documents are: submitted with and made a condition ofthis Bid: A. If Bidder is a corporation, a partnership, or aj joint venture, attach evidence of authority to sign; ARTICLE4--BASISI OF BID-LUMP SUM BID AND UNIT PRICES 4.01 Unit Price Bids A. Bidder will perform the following Work at the indicated unit prices: Item No. Est. 1 1 1 Description Qty Unit Bid Unit Price LS $7,198.00 LS $6,000.00 LS $5,000.00 Bid Amount $7,198.00 $6,000.00 $5,000.00 $23,460.00 $21,675.00 $6,018.00 $1,683.00 $8,313.00 $5,176.50 $280.50 $11,960.00 $11,050.00 $3,068.00 $858.00 $4,238.00 $2,639.00 $143.00 $6,900.00 $6,375.00 $1,770.00 $495.00 $2,445.00 $1,522.50 1 Mobilization (limited to 5%) 2 General Conditions (limited to 10%) 3 Temporary' Traffic Control 4 Sewer Line Cleaning a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipe types) g. 24-inch (all pipe types) 5 Sewer Line Televising a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipe types) B. 24-inch (all pipe types) 6 Smoke Testing a. 8-inch (all pipe types) b. 10-inch (all pipet types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipe types) 9,200 LF $2.55 8,500 LF $2.55 2,360 LF $2.55 660 LF $2.55 3,260 LF $2.55 2,030 LF $2.55 110 LF $2.55 9,200 LF $1.30 8,500 LF $1.30 2,360 LF $1.30 660 LF $1.30 3,260 LF $1.30 2,030 LF $1.30 110 LF $1.30 9,200 LF $.75 8,500 LF $.75 2,360 LF $.75 660 LF $.75 3,260 LF $.75 2,030 LF $.75 Modified per Mittauer &A Associates, Inc. EJCDC C-410, Bid Formf for Construction Contract. and American! Sodetyofo Civil Engineers. Alir rightsr reserved. Copyrighto2018 National Societyo of Professional Engineers, American Coundil ofE Engineering Companies, 2402-02-2 00410-2 Addendum No. 1 Bid Form Item No. Est. Qty Unit Bid Unit Price 110 LF $.75 1,000 LF $3.34 1,000 LF $3.34 100 LF $3.34 100 LF $3.34 250 LF $3.34 125 EACH $125.00 1 LS $1,000.00 Description Bid Amount $82.50 $3,340.00 $3,340.00 $334.00 $334.00 $835.00 $15,625.00 $1,000.00 g. 24-inch (all pipe types) a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) 8 Sanitary Manhole Evaluation 9 Project Closeout & Demobilization 7 Mechanical Root, Tuberculation, & Deposits Removal Total of AlI Unit Price Bid Items $163,158.00 B. Bidderacknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractofsoverhead and profit for each separatelyi identified item, and 2. estimated quantities are not guaranteed, anda are solely for the purpose ofc comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided int the Contract Documents. ARTICLES-TIME OF COMPLETION 5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number ofc calendar days indicatedi in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 6-BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, ANDI RECEIPT OF ADDENDA 6.01 Bid Acceptance Period 6.02 Instructions to Bidders 6.03 Receipt ofA Addenda A. This Bid will remain subject to acceptance for 60 days after thel Bid opening, or fors such longer period of time that Bidder may agree to in writing upon request of Owner. A. Bidder accepts all of thet terms and conditions oft the Instructions to Bidders. A. Bidder hereby acknowledges receipt oft thei following Addenda: Addendum Number Addendum Date 11/27/2024 Modified per Mittauer & Assocates, Inc. EICDC°C-410, BidF Formi for Construction Contract. and American! SodetyofCM Engineers. Allr rightsreserved. Copyrighto 2018 National Society ofProfesslonall Engineers, American Coundil ofE Engineering Companies, 2402-02-2 00410-3 Addendum No. 1 Bid Form ARTICIE7-BIDDERS REPRESENTATIONS AND CERTIFICATIONS 7.01 Bidder's Representations A. Ins submitting this Bid, Bidder represents thef following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and becomei familiar with the general, local, and Site conditions that may 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and 4. Bidder has carefullys studied the reports ofe explorations and tests ofsubsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effectofsuch information, observations, and Technical Data on (a)t thec cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and 7. Based ont the information and observations referredi toi int the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions oft the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated int the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered int the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, andi the written resolution thereof 10. The Bidding Documents are generally sufficient toi indicate and convey understanding of all1 terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required byt the Bidding Documents. affect cost, progress, and performance of the Work. performance of the Work. drawings. drawings. (c)B Bidder's (Contractor's): safety precautions and programs. by Engineer is acceptable to Contractor. Modified per Mittauer & Associates, Inc. EJCDC C-410, Bid Form for Construction Contract. and American Society ofCivilEngineers. Allri rightsreserved. Copyrighto 2018 National Society of Professional Engineers, American Council ofE Engineering Companies, 2402-02-2 00410-4 Addendum No. 1 Bidi Form 7.02 Bidder's Certifications A. The Bidder certifies thei following: This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or 2. Bidder has not directly ori indirectlyi induced ors soliciteda any other Bidder tos submit ai false 3. Bidder has not solicited ori induced anyi individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph7.02.A: a. Corrupt practice meanst the offering, giving, receiving, or soliciting ofa anythingofvalue likelyt to influence the action ofa a public official int thel bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits off free and Collusive practice means a scheme or arrangement between two or more Bidders, with or without thel knowledge of Owner, a purpose of which ist to establish bid prices d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or rules of any group, association, organization, or corporation. ors sham Bid. open competition. at artificial, non-competitive levels. affect the execution oft the Contract. Remainder ofA page intentionally blank) Modified per Mittauer & Associates, Inc. EJCDC C-410, BidF Form for Construction Contract. and Americans Society ofCivil Engineers.. Allrights reserved. Copyrighto 20181 National Society ofP Professional Engineers, American Council ofE Engineering Companies, 2402-02-2 00410-5 Addendum No. 1 Bid Form BIDDER hereby submits this Bid as set forth above: Bidder: Hydro-Klean, LLC (typedo or printed name ofo orgonization) By: Name: Attest: (individual's: signature) (typedorp printed) (typedorp printed) (typedorp printed) L signoture) (rypedorprinted) (typedorp printed) (typedorg printed) 4 JillLomp Name: oade Andorsan Title: Contracts Manager Date: 12/3/2024 Address for giving notices: Hydro-Klean, LLC 333 NW 49th Place Des Moines, IA 50313 Title: CEo Date: 12-4-2004 Bidder's Business License No. M21000013687 Affix corporate. seal, ifapplicable. END OF SEÇTION Modified per Mittauer & Associates, Inc. EICDCe C-410, Bid Form for Construction Contract. and/ American Society of Civil Engineers. Allr rights reserved. Copyrighto2018 National Society ofP Professional Engineers, American Council ofEngineering Companies, 2402-02-2 00410-6 Addendum No. 1 Bid Form HEMR TADIRSHIP, AT VOURT SIRVICE' Contracts Manager JOB DESCRIPTION Job Title: Date Revlewed: 12/21/21 Reports To: Director of Sales Position Overview FLSA: Exempt Reporting to the Director of Biofuels, this position will provide support to! both the Biofuels business unit as well overall administration of the contracts process for municipal services. Essential Job Functions This position requires the performance ofa a variety of administrative tasks including but not limited to: Contracts administration for municipal services Process pay applications Prepare and distribute reports Respond to emails, phone calls, and other forms of correspondence Work closely with internal staff and extemal clients to meet their service needs Maintain and update the customer relationship management (CRM) system Process quotes andy work orders accurately and efficiently Work with logistics to schedule jobs in timely manner Review invoicing of completed jobs fora accuracy Assist with time keeping functions of large projects Serve as point person for certain third party vendors Order and track third party rentals needed for projects company standards and customer needs Build work packets for operations teami including all information needed to complete jobi in accordance with This position willl havet the authority to sign contracts on behalf ofHydro-Klean Requirements Education: High school diploma or equivalent required. 2-year degree in a related field preferred. Experience: Experience in an administrative role providing support to Management or Sales Personnel. Certifications & Licenses: N/A Travel: N/A Physical: Use of computer and office equipment. Performs all administrative functions expected at this level. Computer skills, including proficiency using Microsoft office suite (Outlook, Word, Excel, Powerpoint) Other Related Skills & Abilities High level of organization Strong attention to detail Strong written and verbal communication skills Ability tov work in at fast-paced environment and adapt to changing conditions ADDENDUM NO.1 November 27, 2024 SANITARY SEWER EVALUATION SURVEY CITY OF SEBRING, FLORIDA ITB #25-004 MITTAUER & ASSOCIATES, INC. PROJECT NO. 2402-02-2 GENERAL/CLARPCATON 1. Due to the nature of the scope of work, the Owner will not require the bidder to be al licensed contractor in the State of Florida by the Construction Industry Licensing Board. All other qualifications, as listed in Project Manual Specification Section 00200, Article 3, remain, along with the applicable bonds and insurance requirements. See the revisions to the applicable Project Manual sections below. 2. Specification Section 00700 - General Conditions, 7.03.C-L Labor; Working Hours Note regular working hours for the owner willl be considered Monday throughFriday, from 7:00AMto! 5:00 PM. The Owner will consider allowing for work tol be performed on weekends, assuming it is coordinated and approved by the Owner in advance. PROJECT MANUAL SECTION 00200-1 INSTRUCTIONS TO BIDDERS 1. Modify Paragraph 3.01 and 3.01.C as follows: "3.01 To be considered qualified, Bidder must-be-licensed-to-engage-in-the business-ofcontractingintne-stateroPFiondatytne-tonstnuction-industry ticensingBoartandmusthavesuccessiulycomplales,asprimecontraclor, aminimum of five (5) projects of a similar nature within the past five (5) years, each having a minimum contract value of $200,000.00. To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within five (5) days of Owner's request, Bidder must submit the following information." "C. Bidder's state orother ofFlorida contractor license number, as applicable." 2. Delete Paragraph 12.13 as follows: "42.13 Biddermustbelicensedtoengageinthebusinesinessofcontractinginthe-State ol-Fiorida-by-the-Eomsirnctom-induaiytivemsiny-boert-Pidders-state contractorlicense-numbermustbe-showmrontne-Bid-Form 2402-02-2 ADDENDUM NO.1-1 SECTION 00410 - BID FORM Remove the existing Bid Form and replace section with the attached. References to contractor's license number have been removed. SECTION 00520-STANDARD FORM OF AGREEMENT Delete Paragraph 8.01.A.13 as follows: "43: Bhdderis-icensed-torengagerin-tne-business-orcontractingingin-the-State-on londabythe-Constrnctomintunyuart; DRAWINGS None. END OF ADDENDUM NO.1 2402-02-2 ADDENDUM NO.1-2 SECTION 00410 BIDI FORM SANITARY SEWER EVALUATION SURVEY CITY OF SEBRING, FLORIDA ITB# #25-004 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED BY: National Water Main Cleaning Company ARTICIEI-BIDDER DATE: 12/10/2024 Company! Name (printed ort typed) 1806 Newark Turpike Keamy, NJ 07032 Address City, Stote, Zip BIDDER'S CONTACT: Imnesa Okanovic PHONE NO.: 973-483-3200 FAXI NO.: 973-483-5065 EMAIL ADDRESS: Bidkeg@nwmcc.com BIDDER'S BUSINESS LICENSE NO.: CUC1225236 Name ARTICE2-OWNER 2.01 This Bidi is submitted to: City of Sebring 368 South Commerce Avenue Sebring, Florida 33870 Purchasing Office, Attn:. Jamee Cook, Purchasing Agent 2.02 The undersigned Bidder proposes and agrees, if this Bidi is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and ina accordance with the other terms and conditions oft the Bidding Documents. Modified per Mittauer & Associates, Inc. EJCDC C-410, Bid Form for Construction Contract. and American! Societyof Civill Engineers. Allr rights reserved. Copyrighto 2018 National Societyo of Professional Engineers, American Coundil ofE Engineering Companies, 2402-02-2 00410-1 Addendum No. 1 Bid Form ARTICES-ATTACHMENTSTOTHISBID 3.01 The following documents are: submitted with and made a condition of this Bid: A. IfB Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign; ARTICIE4--BASIS OFI BID-LUMP SUM BID AND UNIT PRICES 4.01 Unit Price Bids A. Bidder will perform thei following Work at the indicated unit prices: Item No. Est. 1 LS 1 LS 1 LS 9,200 LF 8,500 LF 2,360 LF 660 LF 3,260 LF 2,030 LF 110 LF 9,200 LF 8,500 LF 2,360 LF 660 LF 3,260 LF 2,030 LF 110 LF 9,200 LF 8,500 LF 2,360 LF 660 LF 3,260 LF 2,030 LF Description Qty Unit Bid Unit Price Bid Amount $2,500.00 $2,500.00 $2,500.00 $11,500.00 $10,625.00 $2,950.00 $1,980.00 $13,040.00 $12,180.00 $770.00 $9,200.00 $8,500.00 $2,360.00 $660.00 $3,260.00 $2,030.00 $110.00 $6,440.00 $5,950.00 $1,652.00 $462.00 $2,282.00 $1,421.00 1 Mobilization (limited to 5%) 2 General Conditions (limited to 10%) 3 Temporary" Traffic Control 4 Sewer Line Cleaning a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipe types) B. 24-inch (all pipe types) 5 Sewer Line Televising a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipet types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipet types) g. 24-inch (all pipe types) 6 Smoke Testing a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipe types) d. 15-inch (all pipe types) e. 18-inch (all pipe types) f. 21-inch (all pipe types) $2,500.00 $2,500.00 $2,500.00 $1.25 $1.25 $1.25 $3.00 $4.00 $6.00 $7.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $0.70 $0.70 $0.70 $0.70 $0.70 $0.70 Modified per Mittauer &A Associates, Inc. EJCDC*C-410, Bid Form for Construction Contract. and American! Society of Civil Engineers. All rights reserved. Copyrighto 2018 National Society off Professional Engineers, American Council of Engineering Companies, 2402-02-2 00410-2 Addendum No. 1 Bid Form Item No. Est. Qty Unit Bid Unit Price 110 LF 1,000 LF 1,000 LF 100 LF 100 LF 250 LF 125 EACH 1 LS Description Bid Amount $77.00 $14,000.00 $14,000.00 $1,400.00 $1,700.00 $5,000.00 $25,000.00 $1,500.00 g. 24-inch (all pipet types) a. 8-inch (all pipe types) b. 10-inch (all pipe types) C. 12-inch (all pipetypes) d. 15-inch (all pipetypes) e. 18-inch (all pipet types) 8 Sanitary Manhole Evaluation 9 Project Closeout & Demobilization $0.70 $14.00 $14.00 $14.00 $17.00 $20.00 $200.00 $1,500.00 7 Mechanical Root, Tuberculation, & Deposits Removal Total of All Unit Price Bidi Items $167,549.00 B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and 2. estimated quantities are not guaranteed, and ares solelyf fort the purpose ofcomparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE! 5-TIME OF COMPLETION 5.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicatedi int the Agreement. 5.02 Bidder accepts the provisions oft the Agreement as to liquidated damages. ARTICLE 6--BIDDER'S ACKNOWIEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 6.01 Bid Acceptance Period 6.02 Instructions to Bidders 6.03 Receipt of Addenda A. This Bid willremains subject to acceptance for 60 days after the Bid opening, ort for such! longer period of time that Bidder may: agree toi in writing upon request of Owner. A. Bidder accepts all of thei terms and conditions of the Instructions to Bidders. A. Bidder hereby acknowledges receipt oft thet following Addenda: Addendum Number Addendum Date 11/27/2024 Modified per! Mittauer & Associates, Inc. EICDC C-410, Bid Form for Construction Contract. and American! SocietyofCivil Engineers. All rights reserved. Copyrighto 2018 National Society of Professional Engineers, American Coundil of Engineering Companies, 2402-02-2 00410-3 Addendum No. 1 Bid Form ARTICLE7--BIDDERSREPRESENTATIONS AND CERTIFICATIONS 7.01 Bidder's Representations A. Ins submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefullys studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and 4. Bidderh has carefullys studied the reports of explorations: andtestsofsubsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effectofsuchinformatiormation,ohservations, andTechnical Data on (a) the cost, progress, and performance of the Work; (b)the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and 7. Based ont thei information: and observationsreferred toi int the precedingi paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance oft the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated int the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof 10. The Bidding Documents are generally sufficient to indicate and convey understanding of allt terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. affect cost, progress, and performance oft the Work. performance of the Work. drawings. drawings. (c) Bidder's (Contractorssafetyl precautions and programs. by Engineeri is acceptable to Contractor. Modified per Mittauer & Associates, Inc. EJCDC C-410, Bid Form for Construction Contract. and American! Society of Civil Engineers.. All rights reserved. Copyrighto: 2018 National Society of Professional Engineers, American Council ofE Engineering Companies, 2402-02-2 00410-4 Addendum No. 1 Bid Form 7.02 Bidder's Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or 2. Bidder has not directly ori indirectlyi induced or solicited any other Bidder to submita af false 3. Bidder has not solicited or induced anyi individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph7.02.A: a. Corruptp practice means the offering, giving, receiving, or soidtingolany.lingahalue likely toi influence the action of a public official int the bidding process. b. Fraudulent practice means an intentional misrepresentation of facts made (a)to influence thel bidding process to the detriment of Owner, (b) to establishi bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose ofv whichist to establish bid prices d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or rules of any group, association, organization, or corporation. or sham Bid. open competition. atartificial, non-competitive levels. affect the execution oft the Contract. Remainder of page intentionally blank) Modified per Mittauer & Associates, Inc. EJCDC C-410, BidF Formf for Construction Contract. and American! Societyof Civil Engineers.. All rights reserved. Copyrighto2 2018 National Society of Professional Engineers, American Council of Engineering Companies, 2402-02-2 00410-5 Addendum No. 1 Bid Form BIDDER hereby submits this Bid as set forth above: Bidder: National Water Main Cleaning Company (typedo or printed name ofo organization) By: Attest: Name: Title: Date: (ndividual's: signature) (typedorp printed) (typedo orp printed) (typedo or printed) Eo02 Name: Joseph Perone Gennifer Carrero (typedorp printed) Secretary/lreasurer (typedorg printed) 12/10/24 (typedor printed) A Title: Date: President 12/10/24 Address for givingr notices: National Water Main Cleaning Company 1806 Newark Turnpike Keamy, NJ 07032 NUMCC W AS Wrsrad In 33 Bidder's Business License No. Affix corporate. seal, ifapplicable. CUC1225236 a ENDOFSECTION Modified per Mittauer & Associates, Inc. EJCDC C-410, Bid Form for Construction Contract. and American! Society ofCivil Engineers. All rights reserved. Copyrighto 2018 National Societyofp Professional Engineers, Americant Coundil ofE Engineering Companies, 2402-02-2 00410-6 Addendum No. 1 Bid Form SECTION 00814 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA! STATUTES, ON PUBLICI ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TOI INTHE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted tot the City of Sebring, Florida by. for Joseph Perone - President Iprint individual's name and title] National Water Main Cleaning Company Iprint name of entity submitting sworn statement whose business address is: 1806 Newark Turnpike Kearny, NJ 07032 and (if applicable) its Federal Employer Identification Number (FEIN) is: 22-1753261 (Ift the entity! has no FEIN, include the Social Security Number of thei individual signing this sworn understand that a' "public entity crime" as defined in Paragraph. 287.133(1)g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to thet transaction of business with any publice entity or with an agency or political subdivision of any other state or with the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or oft the United States andi involving antitrust, fraud, theft, bribery, collusion, racketeering, lunderstand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after. July 1, 1989, as ai result ofajury verdict, nonjury trial, or entry of lunderstand that an' affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: A! predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person whoi is activei int the management oft the entity and who has been convicted of a public entity crime. The term' "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interesti in another person, or a pooling ofequipment or income among persons when not for fair market value under an arm's length agreement, shall be: a prima facie caset that one person controls another person. Aperson who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an lunderstand that a' "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into al binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in statement: 2. conspiracy, or material misrepresentation. 3. a plea ofg guilty or nolo contendere. 4. 1. affiliate. 5. management ofanentity. 2402-02-2 00814-1 Swom Statement on Public Entity Crimes 6. Based on information and belief, the statement whichlhave marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted ofa a public entity crime subsequent to. July1, 1989. However, there has beena subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined thati it was not int the publici interest to place the entity submitting this sworn: statement convicted of a public entity crime subsequent to July 1, 1989. convicted of a public entity crime subsequent to. July 1,1989. on the convicted vendor list. [attachac copy of thet final order) IUNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. LALSO UNDERSTAND THAT IAM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION287.017,F1ORDASTATUTES FOR CATEGORYTWO OF ANY CHANGE IN THE INFORMATION CONTABEPATHSTOM, - [signature) Joseph Perone President 23 Sworn to and subscribed before me this_ 10 day of December, 2024 Clutlanae Personally known OR Produced identification X Notary Public-State of New Jersey My commission expires: 9/23/29 Chermite Manace (Printed typed or stamped commissioned name of notary public) CHERMITE MANACE Notary Public, State of New. Jersey! Comm. #50226171 My Commission Expires 09/23/2029 Form PUR 7068 (Rev. 04/10/92), 2402-02-2 00814-2 Swom Statement on Public Entity Crimes - € E 9 - I E E Z S 3 3 s u n Z O G 0 A 6 U Z a E E State of Florida Department of State Icertify from the records ofthis office that NATIONAL WATER MAIN CLEANING CO is a New Jersey corporation authorized to transact business in the State ofF Florida, qualified on April 29, 2014. The document number oft this corporation is F14000002034. Ifurther certify that said corporation has paid all fees due this office through December 31, 2017, that its most recent annual report/uniform business report Ifurther certify that said corporation has not filed a Certificate of Withdrawal. was filed on March 17,2 2017, and that its status is active. Given under my hand and the Great Seal ofthe State of Florida at Tallahassee, the Capital, this the Thirtieth day ofJune, 2017 Ken Dpan Secretary ofState Tracking Number: CU2885977163 follow the instructions displayed. Toa authenticate this certiticate,visit the following site,enter this number, and then htpsv/er/cesunbizergPlingyCerinea:oSatayCerinertileateAuthentieation t ffioria Bepartment nf Statp Icertify from the records of this office that NATIONAL WATER MAIN CLEANING CO, is a corporation organized under the laws of New Jersey, authorized to transact business ini the State of Florida, qualified on April 29, 2014. The document number of this corporation is F14000002034. Ifurther certify that said corporation has paid all fees due this office through Ifurther certify that said corporation has not filed a Certificate of Withdrawal. December 31, 2014, and its status is active. Given under my! hand and! the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of May, 2014 THE Kou Darg Ben Befaner Serrefaryuf State CR2EO22 (1-11) 1806 Newark" Turnpike 1551 Okeechobee Blvd NATIONAL WATER MAIN CLEANING A Carylon Company AnE Equald Opportunity Employer Kearny, NJC 07032 p: (973)4 483-3200 ( (973) 483-5065 www.nwmcc.com NYÇE BIC Liçense #468 Loxahatchee, FL3 33470 P.(561)508-6135 (561)855-4916 www.nwmcc.com NWMCC FL REFERENCES: Inliner Solutons-Sanitlar/Slerm Clean & CCTV Daniel Banken, General Manager 2531 Jewett Lane Sanford, FL: 32771 Office: (407)472-0014 Mobile: (407)687-5603 Daniel.Banken@puriscorp.com City of St. Petersburg Stan Krause, Project Manager 1175SW Hibiscus Street Port St. Lucie, FL 34983 Office: (772)233-7035 skrause@akcon.com SAK Construction, LLC-Sanitary/Storm Clean & CCTV Florida Department ofTransportation (FDOT)-Storm Clean & CCTV Heriberto Jimenez, Project Administrator District 5 2400 Camp Road Oviedo, FL32765 Office: (321)319-8129 Mobile: (407)832-1694 heriberto.jimenez@dot.statef.us Gary Blakeney, Contracts Manager 3400 West Commercial Blvd Ft. Lauderdale, FL: 33309 Office: (954) 777-4407 Mobile: (561-370-1128 Gary.Bleakeney@dot.state.f.us Florida Department ofTransportation (FDOT)-Storm Clean & CCTV District 4 New, Jersey Office 18061 Newark Tumpike Kearny, NJ 07032 P:973.483.3200 New York Office 9281 Broadway Utica, NY 1350 P:315.624.9520 Boston Office 25Marshall St. Canton, MA 02021 P:781.828.0863 Connecticut Office 1000 (rear)! Elm St. P:860.793.2808 Florida Office 15551 Okeechobee! Blvd. 561.508.6135 Rocky Hill, CT06067 Loxahatchee Groves, FL Email: bidreg@nwmcc.com Email: boston@nwmec.com Email: boston@nwmcc.com Email: boston@nwmec.com Email: bidreg@nwmec.com 1806 Newark Turnpike 1551 Okeechobee! Blvd NATIONAL WATER MAIN CLEANING AC Carylon Company AnEqual Opportunty Employer Kearny, NJC 07032 p: (973)4 483-3200 (973)4 483-5065 www.nwmcc.com NYC BICI License #468 Loxahatchee. FL: 33470 (561)508-6135 (561)855-4916 www.nwmcc.com NWMCCI FLREFERENCES: Miami-Dade, FL-MH Rehab Jose. Alvarez, Construction Manager 20900SW117" Avenue Miami, FL33177 Office: (786)552-4365 Mobile: (786)236-5325 oxavarzemamdadesew Miami Beach, FL-Storm Water/Sanitary Clean & CCTV Stanley Payne, Storm Water Superintendent 451 Dade Blvd., 2nd Floor Miami Beach, FL Tel: (305)673-7000 ext. 2343 mfancemamissise Matt Wilson, Engineer II ECID Engineering and Capital Imp Dept. Municipal Services Center 14hSt N,St. Petersburg, FL: 33701 Mobile: (727)415-0192 Matthew. Wilson@stpete.0rg City of St. Petersburg-MH RehabSanitaryStorm Clean & CCTV Tetra Tech, Inc-MHRehab5antarz Clean & CCTV Janine M. Alexander, Senior Project Manager 201 EI Pine Street, Suite 1000 Orlando, FL32801 Office: (321)388-5178 msalsiméretsratshson Michael Hagerty, P.E. Water & Wastewater Engineering Division 2555 West Copans Road, Pompano Beach, FL: 33069 Office: (954)831-3217 MHAGERI/ebpadr New] Jersey Office 18061 Newark Tumpike Kearny, NJ 07032 P:973.483.3200 Broward County, FL-MH Rehab/CIPPLiming/Sanitary Clean & CCTV New York Office 9281 Broadway Utica, NY 1350 P:315.624.9520 Boston Office 251 Marshall St. Canton, MA 02021 P:781.828.0863 Connecticut Office 1000 (rear)) Elm St. P:860.793.2808 Florida Office 15551 Okeechobee Blvd. 561.508.6135 Rocky Hill, CTC 06067 Loxahatchee Groves, FL Email: bidreg@nwmcc.com Email: boston@nvmec.com Email: boston@nvmec.com Email: boston@nwmcc.com Email: bidreg@nwmcc.com 1806 Newark Turnpike 1551 Okeechobee Blvd ATIONAL WATER MAIN CLEANING A Carylon Company AnEqualOpportunty Employer Kearny. NJC 07032 p: (973)4 483-3200 (973)4 483-5065 www.nwmoc.com NYÇ BIC Liçense #468 Loxahatchee, FL: 33470 (561)508-6135 (561)855-4916 Hillsborough County-Manhole Rehabilitation Timothy N. Ducharme, Project Manager 925 East Twiggs Street Tampa, FL3 33602 Office: 813)599-6185 Ducharme/@hilisboroughcountyorg Michael Crandall, Project Manager 30141 North US Highway 301, Suite 700 Tampa, FL33619 Office: (813)439-9365 merandal@aegion.com Insituform Technologies-Sanitary/Storm Clean & CCTV/MH Rehab Tohopekaliga Water Authority-MH Rehab/Sanitary Clean & CCTV Lauren Sheilds, Program Manager 951 Martin Luther King Blvd. Kissimmee, FL34741-4929 Office: (407)944-5046 sheldserohowater.com New. Jersey Office 18061 Newark Tumpike Kearny, NJ 07032 P:973.483.3200 New York Office 9281 Broadway Utica, NY 1350 P:315.624.9520 Boston Office 251 Marshall St. Canton, MA 02021 P:781.828.0863 Connecticut Office 1000 (rear) Elm St. P:860.793.2808 Florida Office 15551 Okeechobee Blvd. 561.508.6135 Rocky! Hill, CT06067 Loxahatchee Groves, FL Email: bidreg@nwmcc.com Email: boston@nwmcc.com Email: boston@nwmcc.com Email: boston@nwmec.com Email: bidreg@nwmec.com NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunity Employer NYCE BIC License #468 EXPERIENCE & REFERENCES FLORIDA PROJECTS City of St. Petersburg 16503"d Avenue N St. Petersburg, FL33701 Contact:. John Stanton Superintendent Tel:( (727)460-3049 Email: john.santon@.peteorg an estimated 4,822,6891 LE. Contract Amount: $3,750,000 Start Date: December 2019 Completion Date: October 2022 Broward County 2555 West Copans Road, Pompano Beach, FL33069 Contact: Michael Hagerty, P.E. Tel: 954-831-3217 Email: mhagerty@browarlorg Maintenance Services, Sanitary Sewer Cleaning, Contract. No. 228273 Scope: Cleaning and CCTVofsewer pipes and inspections ofmankoles within the city's sanitary sewer collection system for Contract # PNC2119049B1- -Multi District Inflow and Infiltration Reduction Program Scope: Video, clean, groul, point repair lining, lateral grouting and! lining, MH Rehabo 200,000LFefsewer, pipe. Contract Amount: $ 10,031,680 Start Date: November 2019 Completion Date: November 2022 Florida, Dept. aamperaten/ppO 719S. Woodland Boulevard DeLand, Florida: 32720 Contact: Carlton A. Daley, Project Manager Tel: (407) 832-1694 Email: CarionDasya-s.smadas and associated. manholes. Contract Amount: $489,555.00 Start Date: December 2017 Completion Date: October 2018 CityofMiami Beach, Florida 1700 Convention Center Drive, 3m Floor Miami Beach, Florida 33139 Contract # ESU33 Orange County: Desilting box culverts, desilting and performing video inspection ofsiormvaterpipes NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportundy! Employer Contact: Stanley Payne, Superintendent Tel: (305)673-7000 ext. 2343 Email: Samisfamenimadtes Circuit Television Inspection. Services NYCE BIC License #468 Contract #ITB 2018-080-ND For Routine and Emergency Sanitary. Sewer and Storm Water Pipes Cleaning, and Closed Scope: Storm water maintenance of7,800 drainage structures, pipes, culverts, catch basins, outfalls, and 37 pump stations- 110 miles ofstorm water peipes, 57miles force mains, over. 3,600 manholes and 23 wastewater ifs stations. Start Date: December 2018 Completion Date: Ongoing (contract renewed) Contract Amount: $1,197,500.00 Miami-Dade, Florida 1117 NW First Street, Suite 1410 Miami, Florida 33128-1970 Josel E. Alvarez, Construction Manager 862363925jpseaMvAr@mamdadegey Contract Amount: $961,571.32 Completion Date: October 2020 CltyofHollywood, Florida American Infrastructure Technologies Corporation 8799 USI Hwy 31 Hanceville, AL35077 Contact: Tim Bixler Tel: (256) 739-4747 Email: timbixler@aol.com Contract Amount: $168,595.00 Completion Date: March 2018 Rehabilitation of 500 Manholes Inflow & Infiltrations RFPI No. P0213 Hollywood Florida Clean & CCTV(2017-2018), Contract No. 16-7080 National Water Main Cleaning Company working as a subcontractor for American Infrastructure Corporation, completed 97,000 linear feet ofo clean & CCTV worki in Hollywood Florida in March of2018. Palm Beach County,FL 50 South Military' Trail, Suite 110 West Palm Beach, FL33415 Carlos Echevarria Clelevarim@piwatrsn 561-301-1562 Contract Amount: $371,100.00 Start Date:. June 2017 - February 2021 Toho Water Authority,FL Contract #16-046/2G Sewer Pipeline and Manhole Cleaning and Inspection Services of150,000L LF NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportundy Employer 951 Martin Luther King Boulevard, Kissimmee, FL34741 Janine Alexander 321-388-5178 msalsanderatntshan Contract Amount: $2,691,424 Contract No. IFB-19-086 Start Date: October 2020 Completion Date: August 2023 NYC BICI Lçense #468 Manhole, Wet Well and Structure Sealing, Coating and Lining Services. Manhole and Wet Well coating of6,080 VF and 2,000 SF ofr repair. Cleaning and1 TVof2,400LF. Contract Amount: $319,680.00 Contract No. IFB-20-133 Start Date: October 2020 Completion Date: October 2023 Gravity sewer cleaning and inspection services of250,000LF. 1806 Newark Turnpike Kearny, NJ07032 (973)4 483-3200 (973)4 483-5065 www.nwmcce com NYCE BICL License #468 NATIONAL WATER MAIN CLEANING A Carylon Company NWMCC- Municipal References for Sewer Smoke Testing 1. GHD Consulting Services Inc. 1F Remington Park Drive Cazenovia, NY 13035 Contact: Tyler Pitts-] Engineer Tyler.Pitts@ghd.com Ph: 315-246-2352 February 2019 745,000I LF 2. Bernards Township Sewerage. Authority, NJ Michael K. McAloon! P.E. SUBURBAN CONSULTING! ENGINEERS, INC. 973-398-1776 mmcalcon@suburbanconsulting.com $456,213.50 June 2021 3. Village of Ryel Brooke, NY Michal J.1 Nowak Superintendent ofPublic Works 938 King Street Rye Brook, NY 10573 914-939-0753x2965 MNowak@ryehrokorg September 2018 4. The City ofWhite Plains, NY Kenneth Pasqualini 255 Main Street White Plains, NY 10601 914-422-6855 ugalnewhtgpaniyse" $144,500.00 March 2019 5. SUEZ Water Chengyue Shen, P.E. Ph.D. 2001 Lake Shore Drive Haworth, NJ 07641 Mob: 201 3972032 hengyueahen@suez.com July2019 105,000LF 118,000LF 170,000LF 11,724LF NATIONAL WATER MAIN CLEANING A Carylon Company 1806 Kearny, Newark NJ 07032 Turpike P(973) (973) 483-5065 483-3200 www nwmcc com NYC BICL License #468 6. - City ofRahway Bohler Engineering P.C. 776 Mountain Blvd. Watchung, NJ 07069 Contact: James R. Housten. Jr. P.E., P.L.S,P.P. Ph: 908-668-8300 noustengbonteremgcom July 2016 7. Borough of Carteret Department of Engineering 14601 Route! 9 South Howell, NJ 07731 Contact: Donald1 Norbut Ph: 973-614-0005 December 2019 Scott Nocero 70 Commerce! Drive Somerset, NJ 08873 732-873-2420 snocero@trsa-ny.org September 2020 9. Borough of Alpha 755 Memorial Pkwy! Suite 110 Phillipsburg, NJ 08865 Van CleefEnginering Contact: Tim O'Brien, PE (908) 849-6012 obnen@vanclectenineering.com May 2022 36,500LF 4,700LF 8. Franklin Township Sewerage. Authority, NJ 13,000LF 34,500LF 18061 Newark Turnpike Kearny, NJ07032 .(973) (973) 483-3200 483-5065 www nwmcco com NYC BIC License #468 NATIONAL WATER MAIN CLEANING A Carylon Company AnE Equal Opportunty Employer SUBMITTAL BOOK TABLE OF CONTENTS National Water Main Cleaning Co. Submittal Book 1 2 3 4 5-8 26 Table of Contents Business Registration Certificate Public Works Contractor Registration Certificate of Employee Information Report Equipment List 22-25 General Work Procedures Financial References 27-29 Contracts at Hand 47-52 Affirmative Action Plan 9-21 Municipal Work Experience and References 30-46 Organizational Flow Chart and Officer's & Superintendents Resumes 53 54 55 56 Non-Collusion Certification Stockholder Disclosure Certification W-9 Form Corporate Resolution 10f56 04/30/14 Taxpayer dentification# 221-753-261/000 Dear Business Representative: Congratulations! You are now registered with the New Jersey Division of Revenue. Use the Taxpayer Identification Number listed above on all correspondence with the Divisions of Revenue and Taxation, as well as with the Department of Labor (ift the business is subject tou unemployment withholdings). Your tax returns and payments will be filed under this number, and you will be able to access information about your account by referencing it. Additionally, please note that State law requires all contractors and subcontractors with Public agencies to provide proof of their registration with the Division of Revenue. The law also amended Section 92 of the Casino Control Act, which deals with the casino service industry. We have attached a Proof of Registration Certificate for your use. To comply with the law, if you are currently under contract or entering into a contract with a State agency, you must provide a copy fyou have any questions or require more information, feel free to call our Registration Hotline at of the certificate to the contracting agency. (609)292-9292. wish you continued success in your business endeavors. Sincerely, 898e James J. Fruscione Director New Jersey Division of Revenue STATE OF NEW, JERSEY BUSINESS REGISTRATION CERTIFICATE DEPARTMENT OF TREASURY/ DIVISION OF REVENUE POE B9X: 252 TRENTON, NJO 08846-0252 TAXPAMER.NAME: ADDRESS: 1806 NEWARK TURNPIKE KEARNY NJ 07032-3616 EFFECTIVE DATE: 07/02/64 FORM-BRC TRADE NAME: SEQUENCE NUMBER: 0115365 ISSUANCE DATE: 04/30/14 NATIONAL WATER MAIN CLEANING COMPANY. Director 898E New. Jersey Divsion of Revenue Ihis edificala 1S NOL ble or Manslarabla ImuSL be canspicLowshy dusplayed al aboyn addrass. 20f56 o le of € GREAT a 2 e a S BEH3FAI 8 A Cerlification41855 CERTIFICATE OF EMPLOYEE INFORMATION REPORT RENEWAL Thisi is to certify thatt the contractor listed bblowhas submitted an Employee Information Report pursuant to N.J.A.C. 17:27-1.1 et. seq. and the State Freasurer has approved said report. This approval will remain in effect for the period of 15-MAY-2023 to T5-MAX-2026 NATIONAL WATSR MAIN CLEANING, co. 1806 NEWARK TURNPIKE KEARNY NJ 07032 clopmh ELIZABET TRI MAHER MUOIO State Treasurer 40f56 NATIONAL WATER: MAIN CLEANING COMPANY EQUIPMENTLIST MOBILETELEVISIONSTUDIOS 22 Color, computer aided, robotic camera-transporter, pan & tilt 360°1 by 270° 14 CCTV Units with Internal Launchers (Cues, Lamp Systems) 10 Color mini camera systems (UEMSI, RIGID, CUBS,AIRESS/STEMS) SONAR INSPECTION GROUTINGI RIGS 2 Sonar/Multi Sensor Trucks 6(Cues -Joint/ /Internal Sealing Units with Standard CCTVUnits) COMBINATION VACUUM ETUNISWETDRID 7(170gpm, 27" Hg 6400cfm. 18cyd) Supervac 2000 40(120gpm, 18" -27" Hg 5000-6400 cfm, 15cyd) Supervac, Vactor, Vacall 10 (80gpm, 16"-18"1 Hg 3500cfm, 12cyd) Supervac, Vactor, Vacall 5 (80gpm, SJC Unit) Single. Axle 1(170gpm. Jetter Truck. Aux Engine (Jumbo Jetter) 29 (120gpm Jumbo Jetter Combo Unit) 5 Ace Style - 27inch blower 2 Classic 27inch blower with Aux Engine STRAIGHT HIGH) PRESSIREJFTERUNTS 1(330gpm @ 2500psi, twin 1%"jethose 5000) NLB 1(170gpm @ 2500ps,lV'yethose 25001 LF)NLB 6(65-80gpm @ 2500psi,l'jethose 800 LF) F.E1 Meyers, General 1( (65gpm @: 2500psi, 1"jethose 800 LF) Railgear, F.EI Meyers 9( (35gpm @ 4000psi, %". jethose 500 LF) Harbin 1( (80gpm Jetter Trucks) - PTO! Driven 5 (80gpm Jetter Trucks - AUX Engine 9 Trailer. Jetter (Harben) 2 Easement Machines Racked JETTER UNITS STRAIGHTYACUUM UNITS 7 (27"-28" Hg, 5400- -6400cfm, 18cyd) Supervac, Vactor CLAMSHELISICAICH BASINCLEANERS 4(11/2ton Crane, 8cyd) Stetco 3 Clam Noj pump BUCKETI DRAGLINES TRAILERS 12( (Hydroclamshel, 35gpm @ 2000pic, 1%" ton crane, 8cyd) Stetcc 10(RMF, 4cyl, 100hp,1500 ofs' cable) RMF 31 Pull Behind' Trailers MANHOLE REHABILITATION 41 Pull Behind 175 CFM Air compressor 10 Track and' Trailer mounted cement pumps (Strong Seal) 2 Track Mounted Cement Pump Units (Chem-grout) 50f56 3Plural Component Epoxy Rigs 6Grout Support' Trucks TRENCHLESSLINING EQUIPMENT See additional list MISCELLANEOUS EQUIPMENT 3.Air compressors, 185 cfm 63"- 8" trash pumps 3H Hammer drills 41 Electronic utility tracing/locating equipment 201 Inflatable pipe stoppers, 6"-60" GLOBALFOSITIONNG SYSTEMS 8 Trimble GeoXTTM handheld, from the GeoExplorere series, combining submeter GPS with Microsofte Windows MobileTM 2003 software for Pocket PCs in one unit GEOGRAPHICAL INFORMATION: SYSTEMS LIVEI PRESSURE PIPE] INSPECTIONUNITS 3ArcView 9.0 Licenses including ArcMap, ArcCatalog and. ArcToolbox 3JD7LDS 10001 Units, 3200ft Video Cable, HD Video Inspection, Hydrophonic Leak Detection, GPS 5JD7 Investigator Units, 300ft Video Cable, HD Video Inspection Hydrophonic Leak Detection, GPS XY Coordinate Location (12"-48" Diameter Pipelines) XY Coordinate Location (2"-1 12" Diameter Pipelines) 3E Echologics Leak Finder ST. Correlator Systems STREET SWEEPERS 5 Whirlwind ATTENVATORS 4Truck Mounted BUCKET! MACHINE 1NPR (RMF STEEL) WATER TANKER 4 4000Gal Water Tanker CRANES Truck Mounted Crane SMOKE TESTING 5 Superior Smoke Blower 20-S LEAK DETECTION TriCorr Touch Prol Leak Correlator HL 7000 Ground Microphone 6of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunity Employer NYCE BICI License #468 Liningl Equipment ID# LL2 LL4 LL5 LL6 LL7 LL8 LL9 LL10 LL24 LL29 MH1A MH-2 MH-3 MH-4 MH-6 MH-7 MH-8 MH-9 MI-1 (Trailer) MI-2(Trailer) MI-3 (TRAILER) MJ-4TRAILER MI-5(Trailer) MI-6TRAILER MT-1 MT-2 MT-3 MT-4 MT-5 MTM PR-4 PR-7 PR-12 QTY4 T-195 T-209 T-214 T-235 TYPE Lateral Liner Truck Lateral Liner Truck LCR /Point Repair Cosmic LCR/UV System LCR/ /Point Repair POINT REPAIR MTH SupportTruck LCR/Point Repair LL/MTH 185 CFM /BOILER Manhole Rehab Manhole Rehab Manhole Rehab Manhole Rehab Manhole Rehab Manhole Rehab Manhole Rehab Manhole Rehab Harben Trailer Harben Trailer Harben Trailer Harben Trailer Harben Trailer Harben Trailer TRAILER TRAILER TRAILER TRAILER TRAILER TRAILER POINT REPAIR POINT REPAIR POINT REPAIR POINT REPAIR/ LCR UNIT /CCTV Cutter Support Truck/TV Rig Support Truck/TV Rig Reefer 4.2 Mil Btu Steam Unit WEIGHT 33,000 17,500 25,000 25,000 25,000 25,500 30,000 25,500 25,500 26,000 33,000 33,000 33,000 33,000 33,000 65,000 65,000 65,000 12,000 12,000 12,000 0 12,000 7,000 13,000 31,000 14,000 14,000 14,000 33,000 33,000 60,539 35,000 MTH/LCR/185CFM. Air Compressor, / Boiler 70f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Oppoitunity Employer NYCBIC Lipense #468 TV206 TV-210 TV-228 WV-41 W-45 VV-46 UV1 UV UV UV UV UV Lateral Launching Main/lateral Lateral Launching Main/Lateral TVLateral launching/ Main Lateral 25,500 19,500 8,700 42,000 42,000 33,000 Grouting Rig Grouting Rig Grouting Rig UVMain Line/Support System Light Train 8" to72" Generator 50 KW Compressor 375-750 Support trale/Poding/Conveyer ISTC Cutting Unit 80f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunity Employer NYC BICI License #468 REFERENCES COMPANY NAME Boswell Engineering Village of Roslyn (NY) Township of Woodbridge(NJ) Rockland County Sewer District No. Passaic Valley Sewerage Commission Jersey City MUA Franklin Township Sewerage Authority Village ofs Scarsdale NY CONTACT NAME Giselle Diaz Sam Daliposki, Superintendent Kevin Smith, Senior PW Inspector Cynthia Liu, P.E. Eric Granholm, Civill Engineer Rich! Haytas Scott Nocero David Goessel- Village Engineer EMAIL ADAiNIeEEeTREe sdroslymQhomailcom Kpinsmihampaadaisn j.us LiuC@corocklandnyus EGmanholm@pvst.com r.haylas@icmus. .com spoero@Asa-ni.org dgossl@xcarsdale.com TELEPHONE NUMBER (201)641-0770 516-204-3469 (732)602-6047 EXT.4719 845-365-6111 732-995-4450 201-954-8463 732-873-2420 914-722-1106 FAX NUMBER (201).641- 1831 732-602-6048 845-365-6686 973-817-5995 732-873-2079 9of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunily Employer NYC BIC License #468 EXPERIENCE & REFERENCES SEWER CLEANING AND INSPECTION 96-05 Horace Harding Expressway Corona, NY 11368 Contact: Zach Schultz (0)7185955316 (C) 6469468770 E-mail: chultz@dep.nyc.goy Sewer System - Citywide Contract. Amount: $2 24,401,434 Start date: April 2020 Completion Date: March 2023 New York City) Department of] Environmental Protection (NYCDEP) Bureau of Water and Sewer Operations CSI Contract Support Unit TLC-21: Removal and DpaalefDarivRctlaais Accumulated in Trunk Lines 24 Inches and Larger in the City Cleaning (jetter/vacuum) of 16,000 tons of deposits in sewers. CCTV Inspection of 30,000 LF ofs sewers and vertical structures. Sonar inspcction of9,0001 LF ofsewers. Cleaning andi inspection of multiple outfalls ranging in size form 54"to 144" storm and combined. sewers. Contract Amount: $ 6,743,400.00 Start date: November 2019 Completion Date: December 2022 TV-20-MOX: Cleaning & CCTV Inspection of Sewers in Manhattan, Queens, and Bronx Cleaning and CCTV Inspcction of24" 84" sewers and appurtenances. TV-20-RK: Cleaning & CCTV Inspection ofSewers in Brooklyn and Staten Island Contract Amount: $ 6,743,400.00 Start date: December 2019 Completion Date: December 2022 Cleaning and CCTV Inspection of24" - 84"s sewers anda appurtenances. PS-1417: Removal and Disposal of Residuals from Large Diameter. and Long Sewers. (E-PIN: 8266B0005001). Contract Amount: $7,694,487.00 Start date: May 2016 Completion Date: Aug 2019 Removal and disposal ofr residuals from sewer pipes 60" or greater and up to 30,000 feeti in length. Inspections of sewer and other miscellaneous pipes using CCTV or Sonar Sensor technology and preserved with digital audio-visual PS-1418: Wards. Island, Bronx. Intercepting Sewer Unconventional Cleaning. (E-PIN: 82615B0053001). recording. Contract Amount: $14,370,000.00 Start Date: January 2016 Completion Date:. January, 2019 10of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection. Specialists An Equal Opportunily Employer NYCE BICI License #468 Cleaning and Disposal of4,800 cubic yards of settled debris and CCTV & Sonari inspection of 18,000 feet ofpipe. PS(R)-1413: Removal and Disposal of Residents from Collection Facilities Citywide. E-PN.87616802S00IA Contract Amount: $10,316,521.00 Start date: February 2017 Completion Date: Feb 14,2020 Removal and disposal ofresiduals from sewer pipes up to: 2,000 feeti in length citywide and 20,000 cubic yards, CCTV or Sonar Sensor technology and preserved with digital audio-visual recording fori interceptors, wastewater treatment TL-16: Removal and Dapoualef4arishaidak: accumulated in trunk lines oft the City Sewer System at unknown plats, pumping stations, regulators, grit chambers, sludge force mains and CSO Facilities. locations, Citywide. (E-PIN: 82616B0033). Contract Amount: $3,077,255.00 Start date: April 2017 Completion Date: March 2019 Removal and disposal ofresiduals from sewer pipes 48" or greater. Inspections of sewer and other miscellaneous pipes using CCTV or Sonar Sensor technology and preserved with digital audio-visual recording. SCTV-14: Cleaning and CCTV Inspection in the Sewers System Downtown City-wide (NYC) Contract Amount: $4,130,760.00 Completion Date: May 2018 Provide all labor, equipment and material required for the removal and disposal of all deposits in the sewers and appurtenances (manholcs, chambcrs, catch basins, etc.) at various loçations throughout thel Five Boroughs of New York City, as well as post-clcaning closed circuit television inspection. Thes sewers vary from six (6) inches to eighty- four (84) inches in equivalent diameter, anda are of various material like clay, cement, brick, concrete, etc. Cleaning and removal of deposits from the scwers is performed by utilizing combination scwer cleaning machines (jetter plus SCTV-16: Cleaning and CCTV Inspection of Sewers at Unknown Locations in the City. Sewer System. (E-PIN: vaçuum). 82615B0066001). Contract Amount: $2,749,960.00 Start date: July 2016 Completion Date: July 2018 Removal and disposal of all the deposits in the sewers and appurtenances up to 6" and 84"in diameter. Cleaning and removal of deposits from the sewers shalll be performed by utilizing combination sewer cleaning machines (jetter plus vacuum) equipped with 1.25"hose and atl least 120 GPM at 2500 psi. CCTV Inspection ofsewers. Mobilizing and material and manpower for each location, where the total linear footage ofs sewers required CCTV inspection as directed by the Engineer, isl less than fivel hundred (500) linear feet. with an Operator and Laborer, Brooklyn and Staten Island demobilizing equipment, ComtractAHCI7-RK-R. Services ofal Mobile Vactor- - Jet Flusher. Machinef for Sewer and Catch Basin Cleaning Contract Amount: $3,070,704.00 Completion Date: September 3, 2021 110f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection. Specialists AnEqual Opportundy Employer NYC BICI License #468 Vactor-Jet Flusher Machine (VAC) to clean arterial highway catch basins and associates chutes ands storm, sanitary and combined sewers for clogged catch basins estimated at 450 shifts for approximately 4,420 arterial highway catch Contract AHC17-MX-R:. Services ofal Mobile Vactor- Jet Flusher. Machine for sewer and catch basin cleaning basins in Brooklyn and Staten Island. with an operator and laborer, Manhattan and Bronx Contract Amount: $3,216,374.00 Completion Date: September 3,2021 basins in Manhattan and Bronx. 40 Worth Street, Room 836 New York, NY 10013 Contact: Dushyant Rajput, Engineer-In-Charge Tel:212-313-3525 Fax:212-313-3556 aiputdu@udenyegoy PIN: 85018B0084001). Contract Amount: $2,170,450.00 Completion Date: April, 2020 Vactor-Jet Flusher Machine (VAC) to clean arterial highway catch basins and associates chutes and storm, sanitary and combined sewers for clogged catch basins estimated at 679 shifts for approximately 6,800 arterial highway catch New York City Department of] Design and Construction (NYCDDC) SETVDDCIS: Television. Inspection and Digital audio-visual recording ofsewers at various locations-Cltywide. (E- Television inspection and Digital audio-visual recording of Approx. 311,00L.F. and Sonar inspection of26,000L.F. sewers. Cleaning of322,0001 L.F. ofsewers with various diametcrs. Cleaning of701 Manholes. SETVDDC13: Cleaning, Television Inspection and Digital Audio-Visual. Recording of Sewers at Unknown Locations in the City Sewer. System on an as Needed Basis; Together with AII Work Incidental Thereto, All Boroughs Citywide Contract Amount: $2,074,920.00 Completion! Date:. July 2016 Çleaning 140,0001 linear feet of less than twenty-four (24) inch diameter sewer and 35,0001 linear feet of twenty-four (24)inch to forty-eight (48) inch diameter, as well as CCTV inspection ofall 175,000 linear feet ofs sewers citywide. Port Authority ofl New York and New.ersey/PANYNID) Contact: Mazen Oudeh StaffEnvironmental Analyst (Engineering) 2411 Erie Street, Jersey City, NJ 07310 Tel: (201)216-2959 Email: moudeh@panynigoy Performance of Expert Professional Cleaning and Closed Circuit Television Inspection ofs Storm Drain &. Sewer Services as Requested on a "Call-In" Basis Contract Amount tol Date: $319,810 Contract Completion Date: Ongoing Our company is under contract to perform professional storm drain and sewer cleaning andi inspection services for the Port Authority ati its various properties on ac call-inl basis, such asl Newark Liberty International. Airport (EWR), LaGuardia Airport (LGA), Lincoln Tunnel, John F. Kennedy Airport (JFK), Port Elizabeth, etc. Wel have consistently been awarded this contract when it was released for bid, and had our term renewed every year. 120f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection. Specialists An Equal Opportundy Employer NYC BIC License #468 Passaic Valley Sewerage Commission,NJ 600 Wilson. Avenue Newark, NJ 07105 Eric Granholm, Civill Engineer 732-995-4450 EGranhom@pvsc.com Paterson, Clifton, Nutley, and Newark Amount: $9,839,050 Start Date: 7/9/2020 Completion Date: January 2022 Newark Housing Authority 5001 Broad St Newark, NJ 07102 Contact: Cora Tel: (973)430-2613 Contract. No. B165A- Cleaning andi inspection ofapproximately. 38,400 linear feet ofMain Interceptor. sewer in IFB 21-S-013: Sewer Cleaning Services at Various Sites (latest contract) Contract Amount Completed to Date: $757,772.00 Completion date: Ongoing since 1999 Since 1999, our company has had a sewer cleaning, inspcction, and repair contract with thc City ofNewark which has been renewed numerous times. Thc City has taken care to sct aside moncy in theira annual budget toi include our contract New Jersey Department ofTransportation (NJDOT) Contact: Enrique Gonzalez, Resident Engineer NJDOT Regional Operations Tel: (551)338-1083 E-mail: mgucgmaczadonisor Our company has successfully been performing multiple contracts listed below for the NJDOT since 2002. The scope ofwork includes the removal ofs sediment, debris, roots and/or vegetation inj pipelines, drainage structures, storm water intakes & outfalls, andt the stabilization of areas subject to erosion regardless the size andt type ofblockage to restore facilities to their original hydraulic capacity and function. Ita also includes video inspection and complete inventory of the existing highway drainage facilities withinj jurisdiction oft thel NJDOT. Drainage Restoration Contract- Statewide. 2020, DPNo. 20453 Contract Amount: $6,304,196.00 Completion! Date: October 2023 Contract Amount: $6,160,934.55 Completion Date: Ongoing (May 2024) Drainage Restoration Contract- Statewide 2022, DP No. 22453 Drainage. Restoration Contract, North-2017, Routes US 189,3,4,9W,10,24, 246522,25,242726,1, US4 46,1-78,1- 80, 124, US 202; Counties ofi Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union & arren-including and North of Route 57, Federal Project No: STP-D00S(021), PE No: 2206286, CE No: 2206304, DPI No:17456. 130f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists AnE Equal Opportunily Employer Contract Amount: $8,218,544.65 Completion Date:. June, 2021 NYC BIC License #468 Drainage Restoration Contract, South-2017, Routes .44.4934701-74725 130, 1-295, 1-676; Counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester &. Salem; Federal Project No: STP-D00S/023), PE No:2206297, CE No:2206306, DPN0:17458. Contract Amount: $3,228,787.15 Completion Date: June, 2019 Drainage Restoration Contract, Central-2017, Routes US 1,13,18, US 2227,28,29.3637,86, 91,166,172, US2 202, I- 287; Counties fHunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset & Warren- South of Routes 57; Federal Projectl No:STP-D00S/022, PEI No: 2206296, CEI No: 2206305, DPI No: 17457 Contract. Amount: $6,315,150 Completion. Date: January, 2020 Drainage Restoration Contract, North- - 2014; Routes 9W, 15, 17,23,24, US 46, 57, 94, 1-80, 1-801 Local, 94, 124, 183, US: 206, Counties of Bergen, Essex, Morris, Sussex, Union & Warren-North of Route 57; Federal Project No: STP- COOS (687), PEI No: 2621868, CEI No: 2205841, DP No: 15401 Contract. Amount: $1,896,561.48 Completed: December 2016 Drainage Restoration Contract, Central- - 2014; Routes US 9, 152,.3.35.6.326 72, I-78, I-195, US 206, I-287, & 440, Counties of Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset & Warren-South of Route 57; Federal Project Number: STP-COOS (688), PEI Number: 2621870, CE Number: 2205842, DPI Number: 15405 Contract. Amount: $1,292,180.51 Completed: July 2017 Drainage Restoration Contract, South - 2014; Routes US 9, US3 30, US4 40, 41,47, 48, 50,54, 55,56,68, 70, 73, 140, 143, 147, US 130, 1-295 & US3 322, Counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester. &. Salem; Federal Project Number: STP-COOS (689), PE Number: 2621869, CE Number: 2205843, DPI Number: 15402 Contract Amount: $1,393,502.85 Completed: June 2017 MUNICIPALSEWER CLEANING AND INSPECTIONI EXPERIENCE City ofl New York Parks & Recreation 24 West 615 Street New York, NY 10023 Contact: Lavere Andrews Email: vemcanicosépfsanscsw Contract CT-846201911449: Sludge and sewer drainage, television inspection: cleaning of pipes & structure including storm/ sanitary ands sewer lines on an as needed or emergency basis, citywide, for the City ofNew York Parks & Recreation Contract Amount: $210,500.00 Start Date: December 2016 Completion Date: October 2019 14of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Speclalists An Equal Opportundy Employer NYC BICI License #468 Triborough Bridge and Tunnel Authority (MTA Bridges and Tunnels) 21 Broadway, 24th Floor New York, NY 10004 Contact: Walter Wright Project Manager Tel: (212)360-3090 Email: wwright@mtabt.org Contract 18-MNT-2969: Cleaning ofv various tunnel chambers, ledges, settling basins on a quarterly basis for the duration oft the contract. Cleaning of88 Catch Basins on an annua! basis Contract. Amount: $905,865.00 Completion Date: November 2021 New York CityTransit (NYCT) 21 Broadway, 7h Floor New York, NY 10004 Contact: Dipakkumar Patel, P.E. Tel: (917)449-8132 Email: DpisumuzPatelanyctcon Contract. Amount: $ 13,482,000.00 Completion Date: August 2019 46 Mountain Boulevard, Warren, NJ 07059 Sean. J. Sauder 732-584-0541 sauder@psands.com Contract. Amount: $785,344.00 Start Date: November 2019 Completion Date: July 2021 Woodbridge Township, New. Jersey 1Main St. Woodbridge, NJ 07095 Contact: John Kociolek Tel: (732)634-4500 &7 Trenchless Pipe Spot Repair. Contract Amount: $417,628.00 Completion Date: June 2019 Cityo ofl Hackensack 65 Central Avenue, Hackensack, NJ 07601 John M. Chayko P.E. hsoauhfamoalnzon 973-346-2065 Contract RECH0000042009: Cleaned 800,0001 FTofNYCTtrack drains oft the: subway system. Warren Township Sewerage Authority,NJ Contract No. 61 Stage IVS Sewer. Service Area = Collection System Rehabilitation Contract #2018-016: Sanitary, Sewer Cleaning & Televising of MCUA Mini. Systems 15G, 15P, 16,21,22,224,3637, 150f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists AnE Equal Opportunrly Employer NYCE BICI License #468 Anderson Drainage Area. Sewer. Separation Phase ICCTV, Project No.. SCE-R07448.S29 Contract. Amount: $132,242.80 Completion Date:. June 2022 Cleaning and televising of7,5001 LFof8" and 42" stormwater systems. Bernards Township Sewerage Authority 1Collyer Lane, Baskin! Ridge, NJ 07920 Joseph Lakner Project Manager 973-398-1776 inresburtassalaisn Contract. Amount: $ 224,108.60 Start Date: April 2022 Completion Date: May 2022 Amtrak. NY Harrison Brook & Annin Road CCTVI Inspection 2022-OIehabilation NY1 Tunnel. Drainage. System Cleaning, Jet Rodding and Video Inspection Services Contract Amount tol Date: $950,000.00 Start date: November 2015 August 2023 FLORIDA PROJECTS City of St. Petersburg 16503 3ud Avenue! N St. Petersburg, FL33701 Contact: John Stanton Superintendent Tel: (727)4 460-3049 Email: john.stanton@atpete.org an estimated 4,822,689 LF. Contract Amount: $3,750,000 Start Date: December 2019 Completion Date: October 2022 Broward County 2555 West Copans Road, Pompano Beach, FL33069 Contact: Michael Hagerty, P.E. Tel: 954-831-3217 Email: mhagety@browardog Maintenance Services, Sanitary Sewer Cleaning, Contract No. 228273 Scope: Cleaning and CCTVofsewer) pipes and inspections ofmanholes within the city'ss sanitary sewer collection system for Contract # PNCZ1909BI-Mal. District Inflow and Infiltration. Reduction. Program Scope: Video, clean, grout, point repair lining, lateral grouting and! lining, MH Rehab f2mA00LFefsewepe 16of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists AnE Equal Opportunily Employer Contract Amount: $ 10,031,680 Start Date: November 2019 Completion Date: November. 2022 Florida, DeptefTranspertation (FDOT) 719S. Woodland Boulevard DeLand, Florida: 32720 Contact: Carlton A. Daley, Project Manager Tel: (407) 832-1694 Email: ationDilsy@asselss and associated manholes. Contract Amount: $489,555.00 Start Date: December 2017 Completion Date: October 2018 City ofMiami Beach, Florida 1700 Convention Center Drive, 3" Floor Miami Beach, Florida 33139 Contact: Stanley Payne, Superintendent Tel: (305)673-7000 ext.2343 Email: anefammamisalien Circuit Television Inspection Services NYC BICI License #488 Contract #L ESU33 Orange County: Desilting box culverts, desilting and performing video inspection ofstormwater pipes Contract #ITB. 2018-080-ND For Routine and Emergency. Sanitary, Sewer and Storm Water Pipes Cleaning, and Closed Scope: Storm water maintenance of7,800 drainage structures, pipes, culverts, catch basins, outfalls, and 37A pump stations- 110 miles of storm water peipes, 57 miles force mains, over. 3,600 manholes and 23 wastewater lif stations. Start Date: December 2018 Completion Date: Ongoing (contract renewed) Contract Amount: $1,197,500.00 Miami-Dade, Florida 111 NWI First Street, Suite 1410 Miami, Florida 33128-1970 Jose E. Alvarez, Construction Manager 86263325jpscavareemamidadegow Contract Amount: $961,571.32 Completion Date: October 2020 CityofHollywood. Florida American Infrastructure Technologies Corporation 87991 USI Hwy 31 Hanceville,. AL: 35077 Contact: Tim Bixler Tel: (256)739-4747 Email: timbixler@aol.com Rehabilitation of 500 Manholes Inflow & Infiltrations RFPNo. P0213 Hollywood Florida Clean & CCTV/(2017-2018, Contract No. 16-7080 17of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunily Employer Contract Amount: $168,595.00 Completion Date: March 2018 NYCE BICI License #468 National Water Main Cleaning Company working as a subcontractor for American Infrastructure Corporation, completed 97,0001 linear feet of clean & CCTV work in Hollywood. Floridai inl March of2018. Palm Beach County,FL 50 South Military Trail, Suite 110 West Palm Beach, FL33415 Carlos Echevarria Clelevama@pkwatren 561-301-1562 Contract Amount: $371,100.00 Start Date: June 2017 - February 2021 Toho Water Authority,FL 951 Martin Luther. King Boulevard, Kissimmee, FL34741 Janine Alexander 321-388-5178 ammcAtsumdrataratehson Contract Amount: $2,691,424 Contract No. IFB-19-086 Start Date: October 2020 Completion Date: August 2023 Contract #16-046/ZG Sewer Pipeline andi Manhole Cleaning and Inspection Services of150,000LF Manhole, Wet Well and Structure Sealing, Coating and Lining Scrvices. Manhole and Wet Well coating of 6,080 VF and 2,000 SF ofrepair. Cleaning and" TVof2,4001 LF. Contract. Amount: $319,680.00 Contract No. IFB-20-133 Start Date: October 2020 Completion Date: October 2023 Gravity sewer cleaning and inspection services of250,000LF. Bergen County Utilities Authority Foot of Mehrhof Road P.O. Box 9 Littlel Ferry, NJ 08643 James L. Hankins ames.ankins@rvecom 732-864-6866 Contract#2 20-17Sanitary Sewer Cleaning and TVI Inspection of6,500 LF, diameter 8"-72" Contract Amount: 232,750.00 Start date: December 2020 Completion Date: December 2022 Rockland County Sewer District No.1 180f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunily Employer NYC BIC License #488 4Route 340 Orangeburg, NY 10962 Contact: Cynthia Liu, P.E. Tel: (845)365-6111 E-mail: luc@co.rocklandnyus SM2013-01: 2013. Sewer System Maintenance Project Contract Amount: $721,411.50 Completion Date:. June 2015 SM2014-01:. 2014. Sewer System. Maintenance Project Contract. Amount: $885,852.45 Completion Date: March 2016 SM2015-01:2015. Sewer System Maintenance. Project Contract Amount: $976,377.75 Completion Date: April 2016 SM2015-03: Sewer System. Maintenance Project Contract Amount: $532,159.24 Completion Date: May 2016 SM2016-01: Sewer. System Maintenance Project Contract Amount: $1,077,981.85 Completion Date: January 2017 SM2016-04. Loweri Main Interceptor. Rehabilitation Project Contract Amount: $474,625.00 Completion Date: December 2017 SM2017-01 20175 Sewer System Maintenance Project Contract. Amount: $1,153,335.85 Completion Date: September 2019 Contract. Amount: $291,410.00 Completion Date: October 2019 SM2019-01 Sewer System Maintenance Project Contract. Amount: $1,033,420.80 Completion Date: July 2020 SM2020-01 Sewer System Maintenance Project Contract Amount: $1,065,284.00 Completion Date: June 2021 SM2021-01 Sewer System Maintenance Project Contract Amount: $1,077,031.10 Completion Date: July 2022 SM2023-01 Sewer System Maintenance Project Contract. Amount: $1,248,806.06 Start Date: March 2023 SM2018-02 Sewer System Maintenance Project Hillcrest Interceptor Since 2012, our company! has consistently been awarded the: annual sewer system maintenance contract by Rockland County Sewer District No. 1, which includes cleaning and televising, sewer manhole inspections, sealing, and grouting of eight (8) to ten (10) inch sanitary sewer, as well as miscellaneous additional work. LINING EXPERIENCE Additional lining experience willl be provided upon request Borough of1 Topton, PA 205 South Callowhill Street Topton, Pennsylvania 19562 Vickil E. Adams vadms@baryiset.com Contract Amount: $524,290.85 190f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunily Employer Start Date:. July 7, 2019 Completion Date: December 2019 NYC BICI License #468 Sanitary Sewer Collection! System for the Borough of Topton whichi includes Cleaning and Pre- repair video ofa approx.. 11,000 LFof10" and 8" sewer collection main.Pipe lining of1 10,500I LF 8" and 400LFof10" sewer main, lateral connections. Upper Moreland Hatboro. Joint Sewer Authority, PA 2875 Terwood Rd, Willow Grove, PA 19090 Anthony Price APrice@cema-inc.com 215-368-3375 Contract No. 19106-73B. 2019 Collection System CIPP Repairs Contract Amount: $604,515.40 Start Date: June 10,2019 Completion! Date:1 November 2019 Ewing Lawrence Sewage Authority, NJ 6001 Whitehead Road, Lawrenceville, NJ 08648 Contact: Allan Jacobs, Engincer Tel: (732)735-3555 lamach@comcasinet Jacobs Creek and Denow Road. Sewer Rehabilitation, Contracts 2101 & 2102 51,838 LF of Chemical grouting of mainline, 540 laterals, and 49 manholes Contract amount: $1,530,000 Start date: February 2022 Completion date: September 2022 Village of Scarsdale.NY 1001 Post Road, Scarsdale, NY 10583 David A. Goess! dgossl@scarsdal.com 914-722-1100 Contract amount: $937,775.00 Start date: September 2017 Completion Date: June 2020 Cleaning, TV& Curedi ini Place Pipe Lining Contract VM#1222 Old Bridge Municipal Utilities Authority, NJ 71 Boulevard West Cliffwood Beach, NJO 07735 Wayne Simpson, P.E. aimmm@aamooupsen 609-267-8310x220 Contract amount: $603,669.51 Start date: December 2020 Completion date: April 2021 Southwood. Sewer Lining Phase 4, Contract No. 2020-1 20of56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportuniy Employer NYC BICI License #468 Village of Roslyn 1200 Old Northern Boulevard Roslyn, NY 11576 Contact: Sam Daliposki Tel: (516)204-3469 Completion Date: 2015 Contract. Amount: $1,654,301.13 Installation of8 8" to 10"MH to MH: sanitary sewer lining. SMOKE TESTING: EXPERIENCE- Additional smoke testing experience willl be provided upon request Cityo ofWhite Plains 202 Westchester Avenue White Plains, NY 10601 Kenneth Pasqualini- - Contracts Clerk 914-422-6855,pagalinicwhlitphinnygow Contract 903243. Smoke Testing in Sewersheds Contract amount: $144,500.00 Completion Date: March, 2019 Village of Rye Brook,NY 9381 King Street Rye Brook, NY 10573 Michall Nowak - Superintendent 914-939-0753;MNowakaryebrookorg Contract amount: $126,650.00 Start date: October 2018 Completion Date: Sep, 2018 Contract 18-10 Village Wide Smoke' Testing and 3-Dimensional Manhole Inspections 210f56 GENERALAPPROACIL & WORKI PROCEDURE A physical survey oft thej job site will be made upon receiving a work request. Ifitis not possible to visit the sitel because of facility operations or timing, then the work] plans will be reviewed. After the survey and/or plan review is done, a cost estimate will be developed and forwarded to the engineer for review. Upon approval and order by the owner, personnel and equipment will be dispatched to the job site at the time directed by All video inspection activities will begin at the farthest upstream manhole and work in a downstream direction from there. Ift the camera cannot pass from açcess to access due to any obstructions, the camera will be positioned on the downstream access and a revérse set-up will be conducted to attempt to complete thei inspection oft the entire sewer reach. If no access is possible at the upstream manhole, then we will use the downstream There will be onscreen information such as date, job street name, upstream manhole number, downstream manhole number, or any other data you feel is important and a Ifc conditions are ideal - a straight pipe from manhole to manhole, and then it is our intention to use our Multi-Angle Camera (MAC) main line system to conduct the inspection. In lines with deflections. or elbows where the MAC camera cannot pass, we will use one of the alternative closed circuit çolor mini camera systems to conduct the inspection. The only drawback is you doi hotebave the pan and tilt head capability. All observations will be recorded on the videotape and an audio commentary will accompany the video inspection. Computer generated television inspection reports created with WinCan Software v7.16 will be produced at the conclusion of the job and submitted with thet tapes ori if requested by the customer, the videotapes can be converted to Compact Discs (CD) or Digital Video Discs (DVD-+R), which last longer than videotapes and allow the user to navigate through a video clip easily. Each section of pipe will be indexed sO that the viewer can jump to a specific observation without the hassle of having to fast forward and rewind as it is currently done with conventional At the conclusion oft the cleaning and television inspection operation, two copies each of all vdeolapeyCDsDVD's produced and copies of our written reports will be submitted the Engineer. manhole; and the camera will bej passed: from access to access. continuous footage read out so you can track'the camera's location. videotapes. tot the customer. 220f56 GENERAL WORK PROCEDURE FOR INSTALLING CURED-IN-PLACEPIPE (CIPP) LININGI INVERSION. METHOD FOR REHABILITATION OF EMISTINGFIPELINES 1.1 Thei intent of this cured-in- place lining specification to reconstruct pipelines by thei installation ofar resin impregnated flexible tube, which when cured will fit tight and continuous against the original pipeline. The resin willl be cured using either hot water under al hydrostatic head or steam pressure within the CIPP. 2.17 Thiss specification references standards from the American Society for Testing and Materials. ASTMF1216 (Rehabilitation ofl Existing Pipelines and Conduits byt thel Inversion and Curing ofal Resin Impregnated' Tube), ASTMI D5813 (Cured inl Place" Thermosetting! Resin Sewer Pipe), and ASTM D790 (Test Methods for Flexural Properties ofUn-Reinforced. and Reinforced! Plastics and Electrical Insulating Materials). 3.1 The existing pipe reconstruction will be accomplished usinga a reinforced liner tube measured to exactl length and inside diameter utilizing a thermosetting resint that meets required physical and chemiçal resistance properties. The reinforced liner willl bei impregnated with resin then! loaded into an approved air pressured launching system or inverted using a hydrostatic head pressure of water. Thel liner willl be aligned to the open end oft the existing pipe. Once the lineri is aligned, the launching system willi invert the resin-impregmated. liner with air or water pressure. Thei inversion process is completed once the liner has fullyi inverted to thes adjacent sewer manhole. Pressure will bel held while the liner is cured using hot water or steam. Records ofo cure schedule must be kept. Follow resin manufacturers cure chart forp proper cure and cooling tines. The liner must bel below 100°F before head pressure is relieved. Thes sewer collection pipe will bei immediately televised for the inspector's approval.. A copy ofthe 1.00 Intent 2.00 Referenced Documents 3.00 General televised inspection must be recorded for future reference. 4.00 Materials 4.1 Thel liner tube will consist ofaj poly-ethylene, poly-propylene, or poly-urethane coating with one or more layers of needled felt. The liner tube will be fabricated together using a butt stitched seam sealing process with a heat welded sealing tape to ensure airtight seal. The liner tube will be capable of carrying resin and withstanding installation pressures and curing temperatures. The liner tube will be lined on one side with a translucent impermeable chemically resistant waterproof coating. This coating will be on the inside of the lined pipe after The resin will be a two-part, poly-ester or 100% solids epoxy. The resin shall be formulated tol have a gel (pot) life appropriate for the scope of the work. The resin shall be heat cured by an internal exothermic chemical reaction The reinforced. /s seam stitched /heat welded seam tape / felt liner tube and resin will meet and or exceed prior to and upon installation minimum testing standards as required by ASTM (ASTM F1216 and ASTM D5813) and ANSI/NSF International. All materials must have 3" party testing provided by an independent laboratory. The curingi is completed. The coating will provide a smooth and seamless inner wall. initiated by hot water or steam. Vinyl Ester resins are also permitted. materials must be. ANSI/NSF Standard-14 approved. 4.2 Required Cured-In-Place) Lateral Lining Standards Minimum Flexural Strength (ASTM D-790) 4,500PSI Flexural Modulus (ASTMI D-790): 250,0001 PSI Tensile Strength (ASTM D-638)3,0001 PSI Compressive Strength (ASTM D-695) 4,0001 PSI Tensile Elongation (ASTMI D-638) 5PSI Chemical Resistance (ASTM D-543) < 20% loss 230f56 Leakage Test* (NSF Standard 14) *Leakage test performed by ANSI/NSF International Perma-Liner Required Cured-In-Place! Lining Standards Minimum Flexural Strength (ASTMD-790) Flexural Modulus (ASTMD-790) Tensile Strength (ASTMD-638) Compressive Strength (ASTMD-695) Tensile Elongation (ASTMI D-638) Chemical Resistance (ASTMD-543) Leakage Test* (NSF Standard 14) *Leakaget test performed by ANSINSF! International O/gal/in/day 10,000P PSI 350,000PSI 5,500PSI 4,500PSI 5PSI <20%1 loss O/gallin/day Manufacturer must have United States based manufacturing! headquarters. The manufacturer must have atl least 10 years of manufhemring/supplying C.I.P.P. Inversion Liner' Tube and Materials. The manutacturing plant must have aQuality Assurance/ /Quality Control program in place and overseen! byl NSF International and) IAPMOR&T Laboratories. 5.00 Inversion Process (ASTM F1216) Resin-Impregnated Tube Standard. Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing ofa 5.01 The owner shall bei notified 241 hoursi in advance of project start time. No servicel laterals will be used during the installation and curing process. By-pass pumping will be the responsibility oft the contractor. 5.02 Sewer Collection Pipe must be cleaned thoroughly prior toi installation ofl liner.. All sand, rocks, gravel, grease, mud, sludge, and other debris must be removed from thei invert toj permit proper installation. Roots will need tol be removed to the extent necessary to effectively linet the entire pipe. 5.03' The existing Sewer Collection Pipe will bei inspected using ac color camera system capable of viewing the interior condition oft thel host pipe. The TVi inspection must be performed within 5hours] prior to 5.041 The resin-impregnated liner tube willl be kept clean and loaded directly into the air pressured or water launching system. The launching system willl be aligned to the existingl host pipef for proper installation. 5.06' The liner tube will bei inverted using air or water pressure, inverting thel liner inside- out until thel linert tube reaches the adjacent manhole. Thel liner tube willl be designed to fit tightly against the host pipes annular space and gaps. The resin-impregnated liner tube will cure within 1 to 4 hours with external heat sources. 5.07 Once the curing process is finished, the sewer collection pipei isi immediately inspected for final acceptance. The new lined pipe willl be free ofany foreign objects providing a smooth, seamless and continuous lined 5.08 Any servicel laterals into the sewer collection pipeline will be removed by remote robotic cutting equipment. 5.09 A final TVI Inspection oft the lined collection sewer pipe willl be recorded and provided to the owner for final installation ofl liner tube. 5.05' The resin will not be contaminated and/or diluted prior to installation. pipe from entry point to main sewer connection pipe. approval. 240f56 6.00 Final Acceptance In addition to any specific acceptance criteria specified in the contract, the following standards shall be satisfied before final acceptance oft the liner installation: 6.1 Finish 6.2 Defects owner. 6.3Leakage The finished pipe shall be continuous over the length ofar run and be free from defects. Any defects, which will affect the integrity oft the installed pipe, willl be repaired as directed by the No visible leakage through the liner willl be allowed. 25of56 FINANCIAL REFERENCES 1806 Newark" Turnpike Kearny, NJ 07032 ADIVISION OFT THEC CARYLON CORPORATION FEDERAL1 TAXII ID#22-1753261 STATEI INCORPORATED: NEWI JERSEY, JULY1964 OUNS#01-151-5814 NATIONAL WATER MAIN CLEANING CO BANKI REFERENCES: Wells Fargo Commercial Banking 10S. Wacker Drive, 16th floor] Chicago, IL 60606 MACN8405-164 Jolina N. Govea Commercial Banking Relationship. Associate MACN8534-010Tel312-592-6092 amaNCoserdlipan Travelers Property Casualty 215 Shuman Blvd Naperville, IL60563 CONTACT: Wells Fargo Commercial Bankingl1 10S Wacker Dr, 16thl Floor1 Chicago, IL 60606 BONDING COMPANY: TRADE/CREDIT REFERENCES: Pabst Engineering 676 Pennsylvania Ave Elizabeth, NJ 07201 (908)353-2880 (908)353-1916 Superior Distributors 41 Midland Ave Elmwood Park, NJ 07407 (201)797-9490 (201)791-8129 Custom Bandag 401 ELinden Ave Linden, NJ 07036 (908)862-2400 (908)862-2761 OFFICERS: Joseph Perone Ralph Delesus Irnesa Okanovic Gennifer Carrero Cummins Metropower 41-85 Doremus Ave Newark, NJ 07105 (973)491-0100 Donaidlee@rumminscom Transaxle Rt73&0'Donnel Lane Cinnaminson, NJ 08077 (800)345-1911 (856)665-4880 President Vice President Assistant Vice President Secretary/treasurer 260f56 CONTRACTS IN PROGRESS Updated. 6/28/24 $120,000.00 $299,731.00 $930,812.00 $49,403.16 $190,076.50 $55,000.00 $583,837.50 $6,730.00 $3,791.75 $250,000.00 $250,000.00 $38,300.00 $485,558.39 $554,568.00 $897,956.00 $6,231,267.00 $165,225.00 $100,000.00 $1,981,315.21 $375,147.00 $430,412.50 $351,935.80 $109,320.00 $43.800.00 $62,440.30 $86,900.00 $190,096.59 $96.000.00 $41,172.50 $64,500.00 $446,309.50 Eatimated Centract. Complatien. Percentage Remaininnto Customer Name Easth Hampton Towno dfNY OaklandPark CilyofFL Bayshore Reglonals Sewerage Authoriy (BRSA) Bemards Township SewerageA Authorly Carteret Borough ofNJ Cifton Clys afNJ Ewing! Lawrence SwerageAuthody Englewood CIfSNJ Englewood CISNU FDOT FDOT FDOT Harisony VilageofNJ Joint Meatings ofE Essex andu Union Counles Mount Vemon City OINY Moun! Vamon Cly OfNY Newark Housing Authority NJ NerhPorClyolFL Passalcy Vallay Sewersge Commission PVSC) PateronCiyofNu Port Authorilys fNY &NJPANYNJ Princelonn Municipalily of Rahway) Vallay Sowernga Authonty Rahway Valleys SowereeA Authorty Rockland County Sewer DistriciN No. 1 SEPTA SouthE BoundE BrookE Borough dfNJ WestF Palm Beach. FL Woodbridge TownshipolNJ Central Park Conservancy Greal Necky Water Pollution ControlD District Contract#Thle Inspectiona GemingauyCumd TrenchlessR Rehabimtationaf Existing Orinage Pipes- BIG#EHWY2 23-09 Cleaning. CCTVI Inspection, Testings Seaing 14,6501Fd115 Sanlary Sewer Unes Bayshore Regional Sewerage Authority (BRSA)- Interceptor Sowor Rehabiitation- Phase 48. Contract1 148 Re-BIdO Orown Courl, RebalHII, EastOak, Stonehouse, Harison Prolect Phasell BTSA#2023-01 Sanltary Ands Stormwater Uinel Improvements- Contreci 2023-146 83/2023 On-CallE Emergency Sewer Jeting Servloes. BId#23-057 8/15/2023 SootchR Road Area SewerR Rehabiitation- Contrecte EL 2301 823/2023 SmokeT Testinps ofVarious Sizes Sanitary Sewers Cleans 8TV5,230LF dSanitary sewrel Pipes DrainageRepain, BIdNo. ESX55-RO PamB Beach! NPDES CorroctveA Actions ComtrdeE4W75RO 5/5/2023 Drainage Cleaning Mlaml-Dadec County. Routinen Meintenance. ContredE E6094-RO Sanitary Sewer RehabillationP ProjectPhase1 1B contrsctno.2 2,Bid" 2023-003 Providing Pipeline Cleaning, CCTVI Inspectiona and/or Combined Inapection Servloesona an" "AsNoededB Basli BId 2023-11 Outfali 24. Sewors System Cleaning andh Investigation, BiNo. 122022 Sewors Syttem Rehabiltation- Phase 1,BIdNo. 122022-2 2/14/2023 Emergency Sewer CleaningeVarious' Housing Developments, Bid22 Infowa andinfitration Rehabiltation, ContractNo. 2023-40 7/11/2023 Cleaning Inapectione oftheP PVSCI Branch! Intarceptorss Severss athe PVSCLaterals Locals Sewer Connectionsk Eesex, Hudson, &Passalc Courtles- ContracB182 Sewert Televising. Cleaning. CSOR Reguletor, Scroening. andNetting Fadiiy! Maimtenanoe!: 23.03 Cleaning. RomovalA Ando Disposalo dWeste Material From Cetch Basins, Exterior Drinsands Stoms System PipingelJ JFKI Intemational Airport- Twoy Vesr Conrad- Contracts 5000001111 Minis System #35S Sewer Rohablitation- Interceptor Sewer Cleaning. Equipmentr Rentals Inapections Services, Contractz 2402 (On-Cal) Trunk Sewer Manhdlel Inspection Eveluation, Contrsc#2320 10/1222023 20235 Sewers System Maintenance PrgjedERFBRCS SWR SM2023-01 11/82022 Conshohocken StormwaterPipe Uning-#23-00081 20229 Saniary Sewer Rehabilution Proleci Phase One Ro-Bid3) 7/52023 Rentals ofy Vecuum andT Tanker Trucks, ITB2-23-137LA SANITARY SEWERG GENERAL CLEANINGA ANDT TELEVISINGFOR IMMEDIATE RESPONSE CONTRACTN No 2023-022 RFP. Storm ands Sanitary DrinN Maintenancef Parkwide CIPPL Lining o'Sanllary Sewer BidNo.2 22-01 BidDate 11/3/2023 NA 10/31/2023 42272023 Amount Start Date Date Completed pecomplatedis) Pending 120,000.00 Start 11/13/2024 0% Pending 209,731.00 1,183,515.00 5/272024 912024 984,063.20 #20/2023 7312024 85% 850,382.50 1120/2023 10/8/2024 100,000.00 B/1/2023 8312025 2335350.00 11/20/2023 11/18/2024 75% 67,300.00 10/10/2023 91/2024 37,917.50 1024/2023 9/1/2024 500,000.00 94/2023 4/32025 500,000.00 9/11/2023 88/2025 383,000.00 10/17/2023 8/12/2024 1,862,233.55 #202023 8/31/2024 924,280.00 2/21/2024 10/31/2025 40% 1,881,800.00 2/26/2024 6023,630.00 12/4/2023 12/32025 550,750.00 2/272023 226/2025 70% Pending 100,000.00 Start 8/30/2026 2,085594.96 5/28/2024 1/8/2025 1,875,735.00 7/172023 2228/2025 80% 860,825.00 103/2023 820/2025 1,809,679.00 1/29/2024 1121/2024 80% 138,650.00 1/1/2024 12/31/2025 20% 87,600.00 11/12023 12/12025 1,248806.06 32722023 4/292024 Pending 86,900.00 324/2024 11/272023 4252024 120,000.00 1/11/2024 10/30/2025 20% 82,345.00 6/3/2024 12/1/2024 11/24/2021 11/30/2024 85% 1275,170.00 5/4/2022 4/14/2025 8/1/2024 0% 20% 80% 45% 90% 90% 50% 50% 90% 75% 58% 10% 0% 5% 50% Brook Drive, andA tmplemenlation NA NA 2A/2023 4/27/2023 4/18/2023 10/4/023 2/14/2023 114/2023 6n/2023 1/12/2023 6/14/2023 815/2023 8/122023 S-021 50% 95% 428/2023 7012023 1024/2023 7/30/2021 223/2022 270f56 50% Wastewater Manholer Rahablitation Constructions Servlces, RFQNo. Cleaningal Sewern ands SlormE Ejector PumpPils ChaingaTVinpatans of Sewen? 2022-2 2024 Repeirs CSOR Reguleior Chambersw wthinP Paterson, Harison, Keamya Nowark NJEB301 Pipe, Gravily Cleaning sCETVImpswatNS OmanPeaPpeLhrg!" 16046 (UVUning) Emergency! Response Repains andM Maintenances as Sanllary Sewers 622021 Professional Clemninga CCTV Inspectionols Storm Drains Systoms Callinb besis 2021-2 2024F RFP 61371 Agreement No. 426-21-027 Smoka Testings Manholel Inspection, BIdNo. 21-30CM 21-12-025 Sewerf Rehabiltation, Meintenance. Infitretiona andinfiow Reduction (WeBids Smoke Testing Only) 2020-1 191-NDA Manhdle, Structures, and Cured-in Plaoe Rehabitation andinspection Servions Continuing Contract for Manhole, WetWella ands Structure Sealing. CostingendUmings SenviousIFB-18-086 EF-1902 Sewers Sysiemo oncald deeanings andTV Clean ando CCTVWamhingion Stoeis Sanktarys Sewer Main 4/42024 Sewerage Collection System RehahmusionPhami Stormwater System Repalr. FE57C1 PalmE Besch County Drainage Videol Inspection- E4X50-RO 5/32024 BrookdineV Watenhedy Wastewater Collections Syutem Rehabiltation (RE-BID) CSON Netting Chamben! NetR Replscements. Project* KEARADM23001 20245 Senluary Sewers Repairs andR Rehabiltation Oney Year Countywide ContracFor Rehsbllitationo ofManholes, Inflow and infivstionR Repair 2024,RPQ1P20171 Sewerl TVinspection, Locating Cloaning. msCumdinPlic-Pipe (CIPP)Lining. On-Cells Services, Twoy Yesr Contruct Drainege Restorition Contrac, South- 2024-1. OPNumber 24421 5/30/2024 Drainage RasterstienComtrd," Norh- 20241-DPNumber: 24417 64/2024 OnCall Combineds Sewer- CiPPUiningRpalr- Contract2 2024-2025 228/2024 REMOVALA ANDDISPOSAL OF ACCUMULATED! INT TRUNKUNES241 NCHESA ANDLARGERIN THE CITY SYSTEMATU CITYWIDE. CONTRACT TLC-22 (RE-BID)2 20245 Sanitarys Sewer RahatbinationPrcjed. landy where BidH2 2024-04-13 Cleaning. Tolevising. CuredinPlace cther Work for Storm nds Sanitary Sewer Lines Contracty VM# 1305 1121/2023 UVCIPPE Rehabililabon Sanitary Sewerl UningRepair Projec- SectionsL GN Sanitary Sewer CleanaTV- Secionsl,S.aW Hlisborouph Counly Jersey ClyHoumingAhoy Norh Bergan TownahipofNJ Passalc Valley Sowerage Commission SLPetenbur ClyolFL SUEZV Watar Lonpislandine. Eatontown Sowerage Authorily PANYNU Serssota, ClyolFL Sunise CIyOfFL MlamlE Beach Clyo.FL Tohov Walar Authorly, FL Westchester County, NY Bloomfleld, Townshpor Eatontowns SewersgeA Authoriy FDOT FDOT Frankin TOMnaNpS Sewersge Auhority Koamy Townof MatawanB BoroughofNJ Miami-c Dade Moristown, Townaf NJDOT NJDOT North Hudsons Sewerege Authorily NYCDEP Piscataway, Townshipof Scardale, Viliage or SmithiownN NY Summl.Ciy01 Summit, Ciyor 23382 9/1/2022 8/18/2022 827/2022 10/18/2022 6/28/2022 12/17/2021 727/2020 4/19/2021 6/32021 728/2020 729/2019 5/8/2019 4132024 2/8/2024 4/16/2024 1/11/2024 4/112024 3712024 2/15/2024 1.089.725.00 1022023 5/9/2025 150,000.00 11/1/2022 10/11/2024 76,638.50 12/1/2022 11/30/2024 85% 1,989.779.75 477/2023 107/2024 2,500,000.00 10/25/2022 8/31/2025 51,692.50 424/2022 1/20/2025 Ponding 447,049.90 Start 7/142024 95% 400,000.00 10/5/2021 6/302025 38,040.00 921/2021 9/20/2024 Pending 352,500.00 Start 11/1/2024 350,000.00 124/2022 1/24/2025 5,922,000.00 10/25/2020 #/112024 1,050,192.00 8/18/2019 7/31/2025 Pending 37,300.00 Start 8/1/2024 472,346.80 8/4/2024 8/1/2024 980,792.90 4/15/2024 10/15/2024 50% Pending 200,000.00 Start 8/112025 Panding 6.268,525.00 Start Ponding 238,550.00 Slan 12/31/2024 Pending 731,043.00 Start Pending 1,676.296.75 Start $/12025 Pending 102,116.90 Start Pending 4,401,727.01 Start Ponding 5,905,777.26 Stan 488,550.00 5/172024 5/17/2025 17,382,565.17 4/12024 3/31/2027 Pending 150,000.00 Slart 3,632,875.00 129/2024 12/31/2025 35% 349,154.00 6/1/2024 321,636.75 5/16/2024 7/31/2024 171,600.00 5212024 4/10/2025 50% 90% 80% 65% 85% 20% 80% 75% 70% 92% 85% 0% 50% 0% 0% 0% 0% 0% 0% 0% 0% 10% 10% 0% 10% 60% $544,862.50 $15,000.00 $11,525.48 $397,955.85 $875,000.00 $7,763.88 $22,352.50 $320,000.00 $7,208.00 $88.125.00 $105,000.00 $473,780.00 $158,878.80 $37,300.00 $236,173.40 $480.396.45 $200,000.00 $6,288,525.00 $236,550.00 $731,043.00 $1,676,296.75 $102,116.90 $4,401,777.01 $5.905.777:26 $439.695.00 $150,000.00 $2,491,368.75 $314,238.60 $128.654.70 $154,440.00 11/1/2023 5/9/2024 2/14/2024 2/14/2024 28of56 Westem! Monmouths UullesAuthory Yonkens CIyINY Seritarys Sewer Cleaninpa TVOnCal) Provide TheP Pick-up. Removal, ando Disposao afthe CollectionN Netsin thelaninPlaze Daylhtng- BIGFRFB-7087A 1172024 4127024 287.002.00 1/17/026 0% $267,002.00 $26,064.00 Total: $58.22076627 28.960.00 812024 4/127025 10% 290f56 Joseph D Perone President National Water Main Cleaning Company Phone (800)242-7257 Fax (973)483-5065 E-Mail jperone@nwmec.com Work History National Water Main Cleaning Co. Newark New. Jersey National Water Main Cleaning Co. Newark New Jersey National Water Main Cleaning Co. Newark New Jersey Underground Video Inspection Inc. Hillsdale New. Jersey Bergen County Utilities Authority Little Ferry, New Jersey (05/2011 -) Present) Assistant Vice President (2007-2010) Operations Manager (Feb.2001 - 2007) Project Manager (August 1997. - February 2001) Vice President (March 1993 - August 1997) Sewer Worker Plant Operator Solids Operator Education Hackensack High School, Hackensack, New Jersey (1979 - 1981) Various Engineering Courses (1968-1 1971) Graduated Bergen Community College Bergen Tech Rutgers University (1982-1 1983) Water & Wastewater Collections & Treatment 2006-200)Advanced Wastewater Collections Oualifications: Certified and Licensed by New. Jersey Department of Environmental Protection in Public Wastewater Treatment. Treatment Liçense #0018221 310f56 Certified and Licensed by New. Jersey Department of Environmental Protection in Public Certified and Licensed by the State ofNew Jersey inl Pesticide. Application for the control of roots in sewer: systems. Applicators License #26746B, Business Applicators License #98181A Member of the Water Environment Federation sincel February 1998 Member of the Collection Committee for the New Jersey Water Environmental Federation Certified Applicator ofCured in Place Point Repairs in Stephens Technology from Florida and Certified Applicator Cured in Place Lateral Lining Process, Epros, Nu-Flow & Maxi Liner Systems Licensed by the New Jersey Board of Realtors as a certified Real Estate Sales Agent Wastewater Collection. Collection License #C2161 Epros International based in Europe Certified in confined space entry Certified and Trained PACP Present Responsibilities Assistant Vice President Manage Projects Interviewing & Hiring New Employees for Work Force Personnel Motivation & Discipline Conduct Project/Job Surveys Cost Estimating of Projects Generate Project Proposals Oversee Project Start-ups Customer Relations Corporate Equipment Purchasing (medium to light duty) Equipment Design Sales and Marketing Customer Training & Presentations Create Training Manuals Pipe Lining Manager Oversee all aspects of: Cured in Place Point Repairs *Lateral Connection Repairs Manhole to Manhole Lining Corporate Resin Control & Inventory Equipment Purchase and Design Specification and Technical Manager oResearch and Development New Lining Techniques and Processes 320f56 Ralph DeJesus Vice President National Water Main Cleaning Company, Kearny, New Jersey STARTDATE: August 2002 Present RESPONSIBIAYVIES: Conduct Project/Job Surveys Generate Project Proposals Cost Estimation of Projects Project Start-Up Manage and Supervise Projects Locate Underground Utilities TVI Inspection Personnel Training on Cleaning, TV Operations, Vacuuming Large Diameter Sewers, and PACP RELEVANT PROJECTS INTHE PAST 5YEARS: equipment, jet rodders, clam shells and vacuum trucks. Improvement of Flow Capacity to Fresh Creek CSO-26th Ward's WPCP Drainage. Area: Managed all aspects for the removal of 16,500 tons of debris from large diameter sewers in Brooklyn, NY using heavy New York City Department of Environmental Protection Contracts NL-16, TV-14, TV-16, SCTV-13, SCTV-14, SCTV-16, 1413, 1417, 1418, SC-101, AHC17-RK, AHC17-MQX: Worked as an operating foreman for cleaning, televising, catch basin cleaning, and equipment minor repair and maintenance New Jersey Department of Transportation Contracts - Federal, South, North, Central: Cleaning and restoration contract worked as an operating foreman for cleaning, televising, and equipment minor repair and maintenance. This included hydraulic cleaning, clam shell cleaning, catch basin cleaning, televising, New York City Department of1 Environmental Protection Contracts: PS-266 & PS-267 Sonar and CCTV inspection of pipe segments. Approximately 900,000 linear feet of thirty-six (36) New York Cityl Department of Design and Construction (NYCDDC) Contracts: SETVDDC15, SETVDDC13, SETVDDC11: Cleaning, Television Inspection and Digital Audio-Visual Recording of throughout all 5 Boroughs. ditch excavation as well as traffic safety. inch to sixteen (16) foot diameter pipes inspected. Sewers throughout all 5 Boroughs SPECIALTRAINING & CERTIFICATION: 40 Hour Hazardous Waste Operation & Emergency Response Certificate 8Hour Hazwoper. Refresher Training 1-30-2010 8Hour Hazwoper Supervisor 1-29-2010 30 Hour OSHA Construction Safety And Health 4-15-2010 10 Hour OSHA Construction Safety And Health 5-5-2007 Traffic Control Coordinator Traffic Control Coordinator Refresher 11-13-2015 Traffic Control Coordinator Refresher MACP/PACPILACP Certified 9-2004 Adult CPR & AED Basic First. Aid Con-tech Certified Maintenance Provider 33of56 IRNESA OKANOVIC Assistant Vice President National Water Main Cleaning Co., Newark NJ EDUCATION: College Ofs Staten Island, CUNY, B.A. Management EXPERIENCE: National Water Main Cleaning Co. Bids & Contracts Manager Staten Island, NY Graduation: May 2014 Newark, New. Jersey April 2016-F Present Dei facto contract manager: administer nearly $40 million worth of public contracts from RFP, response" Prepare bid proposals for sewer cleaning and: rehabilitation contracts with municipal, city, state, Coordinate with different departments tos secure documentation for proposals and contracts, including bid, payment, performance, and maintenancel bonds, qualification questionnaires, certificates of Secure subcontractors, including Minority/Women Business Enterprise (MWBES) for contract work. to contract closeout. federal, andi international government entities, as well as private entities. insurance, etc. Manage simultaneous bid projects (up to 7 duei in a week). Van Gogh Contracting Office & Contracts Manager Astoria, New York April 2009 April 2016 Prepare proposals and contracts related tol highe end interior renovations including gut renovations, plumbing and electrical repairs at average value of$2 million, On annual basis manage 50 AIA contracts along with respective requisitions, change orders, progress payments (familiar with Americananstitnute ofArchitects contract terminology). Verify subcontractor's and vendor quotes, order materials, and manage inventory. Work directly withl New Kork City agencies on permits and approvals for various projects. Establish administrative work procedures, maintain and organize the filing system (electronic & hard copy), track daily tasks ofunit staff, and train all new office assistants. Calendar management, and coordinate subcontractors, clients, consultants, architects, and vendors. Ensure a thorougifollow up ofs account payable and receivable for multiple contracts. Responsible for mànaging dayt to day office operations anda all client relationships. Netpique) LLC New York, New" York February 2008 - April 2009 Sales Consultant, New Accounts.Acquistion for Office Depot Performed market résearch targeting new accounts acquisition ofs small to mid-size businesses Generated over 1501 new businesses in assigned territories through prospering, cold calling networking, Established client relationship and performed follow up calls to assure customer satisfaction and generating leads and referrals Presented and advertised: new products andi identified customer needs Bank of Ameriça AdmlalitratiyeClerikal Utica, New' York January 2007 - February 2008 Provided account services to customers to address all personal banking requests such as receiving deposits and loan payments; cashing checks; issuing savings withdrawals; addressingi inquiries in person or on telephone; referring to other banks services. Resolved customer request by determining errors that occurred in their financial account. Opened/closed: accounts and checked credit history for new customers. Processed credit card applications to1 next tier for further processing. Took rolei in Team Lead field tol bring the team towards meetings set goals. Maintainedeustomer: confidence and protected bank operations byl keepingi information confidential CERTIFICATES: Study ofQuickBooks! Basic Technical Institute of America 34of56 SKILLS: SOFTWARE: PC, Microsoft Office (Excel, Word, PowerPoint), QuickBooks, Microsoft Outlook PERSONAL: Pleasant demeanor, strong organizational skills, and excellent communication skills (both verbal and LANGUAGE: Fluenti in Serbo- Croatian written). C 35of56 Daniel Nuzzie Operations Manager National Water Main Cleaning Company -Kearny,NJ START DATE: January 2015 RESPONSIBILITIES: Complete Jobsite Surveys Estimate Bids and Create. Jobl Proposals Manage Projects from Preconstruction to Closeout Prepare Submittals and Shopl Drawings Complete Crew and Subcontractor Scheduling Manage Onsite Crew Operations Prepare Safety and' Traffic Control Plans Order Materials and Equipment Track Production and Quantities Complete Quality Control ofl Final Product and Services RELEVANT! PROJECTS: Passaic Valley Sewerage Commission - Newark, NJ: Cementitious and epoxy lining ofregulator chambers Rockland County Sewer District #1 - Orangeburg, NY: Completion of test and seal work on 140,000LF of sanitary sewer. Rehabilitation ofa approximately 180 manholes through cementitious and epoxy products. New York City DEP -I New York, NY: Cleaning of various catch basins located on arterial highways throughout Department ofthel Navy (Earl Naval Base) - Leonardo, NJ: Cured-n-place-pipe lining of various size sanitary Eatontown Sewerage Authority - Eatontown, NJ: Rehabilitation ofmanholes located throughout the township. Work included new frames and covers, rebuilding ofbenches/channels, rung replacement, and new drop connections. New Castle County - Wilmington, DE: Sanitary Sewer Manhole Rehabilitation ofa approximately 60 manholes. Borough of Somerville - Somerville, NJ: Rehabilitation of 850 vertical feet oft manholes located throughout the borough. Work included thei replacement of frames and covers, chemical grouting, and cementitiouslepoxy lining. New York City DDC-1 New York, NY: Cured-in-place pipe lining ofs sewers ranging from 8" to 48"i in diameter throughout New York City. Additional worki included raising manholes to grade, repairing street depressions, and Certified by the National Association of Sewer Service Companies inl Pipeline Assessment Certification Program located throughout the cities ofNewark, Paterson, Kearny, and Harrison, NJ. New York City. sewers and manhole: rehabilitation located on the naval base. gunite repairs in various pipes andi manholes. SPECIAL TRAINING, CONTINUING EDUCATION & CERTIFICATIONS: 40 Hour Hazardous Waste Operation & Emergency Response Certificate 10 Hour OSHA in Construction Safety and Health New Jersey Traffic Control Coordinator Designation Certified by the Florida Department of' Transportation in' Temporary Traffic Control Confined Space and PPE' Training EDUCATION: Rutgers College New Brunswick, NJ Bachelor of Arts, May 2006 Middlesex County College Edison, NJ Certificate in Construction Management, December 2014 360f56 James Fragoso Environmental. Health and, Safety Director National Water Main Cleaning Company - Kearny, NJ STARTDATE: June 2023 Certifications 30hr Construction 511 Rochester Institute ofTechnology 5001 Rochester Institute ofTechnology 62hr. Site Safety Trainer Experience: June 2023-current National Water Main Cleaning Company Full time employment as the OSHA/DOT Compliance. Administrator Coordinate monthlylyearly sustainment training for 80+ employees Maintain OSHA and DOT records December 2018- -June 2023 Safety Construction Trainer/Signature Construction Safety Training Corp. NY,NY Prepare for, organize, plan and schedule health and safety training programs. Deliver dynamic curriculai ins ac class environment in which audio-visual equipment and hands-on workshop exercises are Conduct "quizzes" after the delivery of training modules to gauge student understanding ofoccupational hazards, safe work rules employed to maximize educational impact. and consequences ofv violations. Report training completion and collect andi maintain related records. Evaluate training programs to verify effectiveness andi implement improvement initiatives. Serve as the primary safety training contact andi resource regarding safety-related matters. Delivered courses include OSHA 10/30-hour Construction Training; NYCI Dept. of Buildings 10-hour/32-hour. Site Safety Training; CPR/First Aid/AED Instructor. December 2011 - December 2018 EHS Director/Maximus Construction Group, Bronx, NY Conducted onboarding orientations fori new employees, as well as checked/verified identification documents and certifications. Performed pre-task planning, sites safety walkthroughs and audits, job hazard analysis and sitei inspections for safety regulation Developed safety and! health protocols, andl Effective Hazard Communication programs. Liaised with FDNY, NYCDOB, NYCI Parks Department, OSHA and other local, state and federal agencies. Investigated andi reported on unsafe events, and recommended: remedial and preventative actions. Developed Safe Work Plans, and leveraged workforce education toj promote as safety-conscious work culture. compliance. Developed strategies for safe work analysis and safety programs. January 2017- Contract Workforce Development Consultant/Exodus Transitional Community, NY, NY Cultivate strategic partnerships with construction industry employers to facilitate the referral and hiring of employee candidates. Provide OSHA andl NYCDOB trainings to employee candidates. Assist in the development ofl RFPs for contracting with employers and government: agencies. Conduct employment and career workshops to increase candidates' employability ratings. Education: Turner School of Construction Management Associate degreel November 2017 37of56 RESUME NAME: COMPANY: STARTDATE: CURRENT POSITION: DUTIES: Matthew David Lalomia National Water Main Cleaning Company, Newark, NJ May 9,2007 Superintendent/ /Jobl Foreman 1). Implementing On-Site Health and Safety Plan 2) Schedule Daily Activities for Crews 3) Monitor Time Cards and Production 4) Issue appropriate. PPE forj job assignments 5) Coordinate field activities with Engineer 6). Acquire necessary work permits 7) Communicate with Project Manager daily on job progress 8) Customer Relations & Quality of Service 9) Training ofe employees in correct use of various equipment to company 10) Repair and maintenance of Video Inspection Equipment 11) Verifying final product being supplied to customer is up to company 12) Manage all Cured in Place Point Repair projects 13) Training all new employees assigned to Cured inl Place Division 14) Trouble shoot and repair equipment 15) Research and develop new processes policy quality standards SIGNIFICANT PROJECTS SUPERVISED AND/OR PARTICIPATED IN: Saugus, Mass. Installation of 1050 Full Wrap Lateral Connection Repairs Saugus, Mass. Installation of 1008 Full Wrap Lateral Connection Repairs Saint Louis, Mo. Metropolitan Sewer District 1435 Full Wrap Lateral Lining Installs Installing 350 Cured in Place Point Repairs City of Union, New Jersey 38of56 Hampden Township, PA 1000 Installs Shakopee, Minnesota Service Lateral /Full Wrap Connection Lining Project of the Year Nominee 128 Full Wrap Lateral Lining Installs 3000 Full Wrap Lateral Lining Installs Springfield, Mo. SPECIAL TRAINING, CONTINUING EDUCATION & CERTIFICATIONS: 401 Hourl Hazardous Waste Operation & Emergency Response Certificate Certified Applicator Cured in Place Lateral Lining Process, Epros, Nu- 8Hour HAZWOPER Supervisor Certificate 8Hour Refresher Training (Current) Flow & Maxi Liner Systems Class "A"CDL with Tanker Endorsement PACP, MACP,LACP Certified OSHA 10 Construction Safety & Health POSITIONS HELD WITHIN NATIONAL WATER MAIN CLEANING COMPANY: 2014-Present: 2012-2014: 2007-2012: Superintendent Supervisor ofl Field Operations & Cured inl Place Operations Equipment Operator/TVTechnician/Operator 39of56 German Rengifomata Superintendent National Water Main Cleaning Company Kearny, NJ START DATE: June 2008 RESPONSIBILITIES: Implementing On-Site Health and Safety Plan Schedule Daily Activities for Crews Monitor Time Cards and Production Issue appropriate PPE forj job assignments Coordinate field activities with Engineer Acquire necessary work permits. Communicate with Project Manager daily onj job! progress Customer Relations & Quality of Service Repair and maintenance of Video Inspection Equipment Manage all Cured in Place Point Repair projects. Training all new employees assigned to Cured in Place Division Trouble shoot and repair equipment. Research and develop new processes. Training ofe employees in correct use ofvarious equipment to company policy Verifying the final product being supplied to customer is up to company quality standards. RELEVANT PROJECTS: Village of Scarsdale, NY: Cleaning, Televising, Cured in Place Pipelining and Other Rehabilitation Work for Storm Franklin Township Sewerage Authority, NJ: Sanitary Sewer Rehabilitation of 4"-10" sanitary sewers, cured in place pipe lining, trenchless point repairs and service lateral lining of41,0001 LF and 6601 laterals. New York City DEP -I New York, NY: Cleaning of various catch basins located on arterial highways throughout NYCDDC: Cured-in-place and UVI lining of sewers ranging from 8" to 48"i in diameter throughout New York City. Additional work included raising manholes to grade, repairing street depressions, and gunite repairs in various pipes Passaic Valley Sewerage Commission - Newark, NJ: Cementitious and epoxy lining of regulator chambers Certified by thel National Association of Sewer Service Companies in Pipeline Assessment Certifiçation Program and Sanitary Sewer Lines in Scarsdale, NY. New York City. and manholes located throughout the cities of Newark, Paterson, Keamy, and Harrison, NJ. SPECIAL TRAINING, CONTINUING EDUCATION & CERTIFIÇATIONS: 40 Hour Hazardous Waste Operation & Emergency Response Certificate 101 Hour OSHA in Construction Safety and Health New. Jersey" Traffic Control Coordinator Designation Confined Space and PPE' Training U.S. NAVY VETERAN Served from 1996-2007 EDUCATION: Certified by the Florida Department of Transportation in Temporary Traffic Control Emerson High School - Graduated 1996 Ocean County College and U.S. Military College - Obtained 30 credits 40of56 RESUME NAME: COMPANY: START DATE: CURRENT POSITION: DUTIES: Paul Pires National Water Main Cleaning Company, Newark, NJ May, 1997 Superintendent /Jobl Foreman Responsible for: 1) Supervise various Operators and Crew Members 2) Setting up Major Projects & Coordinating Various Equipment 3) Scheduling Daily Activities for Crews 4)1 Issue appropriate PPE for job assignments; 5). Acquire necessary work permits 7) Customer Relations 8) Quality of Service 9) Training ofe employees in correct use of various equipment with a strong focus on Jet/Vacuum Units 10) Upkeep and maintenance ofVideo Inspection Equipment 11)Upkeep and maintenance of Safety Equipment 12) Excavator/Loader Operator 6) Communicate with Project Manager daily on job progress SIGNIFICANT PROJECTS SUPERVISED AND/OR PARTICIPATED IN: NYC Catch Basin Cleaning & Hood Installation Project. All Five Boroughs Department ofTransportation NJ. Highway Storm Waterway Cleaning Jersey City Interceptor Cleaning North River Treatment Plant Cleaning Aeration Tank Cleaning NYC Department of Environmental Protection Pump Station Cleaning all Five boroughs NYC Department of Environmental Protection Large Diameter Pipe Cleaning all Five boroughs 25,000 Large Diameter Cleaning and Sonar Inspection 41of56 City of Baltimore Boston Water and Sewer Rockland County MUA Rockland County MUA 30,0001 Large Diameter Cleaning and Sonar Inspection 20,000 Large Diameter Cleaning and Sonar Inspection 18,000 Large Diameter Cleaning and CCTV Inspection 36 Inch Concrete Spin-Cast Project Connecticut Highway Department City of Newark Water Department Fiber Optic Project Cleaning & Inspecting 61 miles ofConduit Dam Drain and Weir Rehabilitation SPECIAL' TRAINING, CONTINUING EDUCATION & CERTIFICATIONS: 401 Hour Hazardous Waste Operation & Emergency Response Certificate 8Hour HAZWOPER Supervisor Certificate 8Hour Refresher Training (Current) 101 Hour Construction Confined Space Fall Protection Am-Track Training Am-Track Training POSITIONS HELD WITHIN NATIONAL WATER MAIN CLEANING COMPANY: 1997-2005: 2005 -2012: 2012- 2015: 2015- Present: Jet/Vacuum & Clam Shell Operator CCTV Operator Supervisor Superintendent 42of56 Fernando Chacon Municipal Services. Assistant Superintendent National Water Main Cleaning Company, Kearny, New Jersey, START. 'DATE: May 9,1994 - Present RESPONSIBITIES: Operate and Upkeep Video Inspection Equipment and create databases using WinCan Implementing On-site Health and Safety Plan Manage Activities for Crew Members Issue Appropriate PPE for job Assignments Coordinate field Activities for Engineer Communicate with Project Managers daily on job progress Training of employees in correct use of various equipment SIGNIFICANT PROJECTS SUPERVISED ANDORPARTICIPATED IN: Verify Final product being supplied to customer is up to Company quality standards New York City Department of] Environmental Protection Contracts TV-14, TV-16, 1417: Responsible for cleaning various sized sewer in all 5boroughs. Coordinated field activities with City Inspectors-. General Electric Silicones Division, Waterford, NY: Worked in Conjunction with Insituform Metropolitan in Conducting cleaning and Video Inspection operation prior to the process sewer being slip lined. SPECIAL' TRAINING & CERTIFICATION: 40 Hour Hazardous Waste Operation & Emergency Response Certificate 8Hour HAZWOPER Supervisor Certificate and Refresher Training Exxon Chemical Company SHAIC' Training (Current) Tosco Refining Company Training, Linden, New. Jersey (Current) EDUCATION: Industrial and Technical Institute, Cali, Colombia SA 430f56 CARLOS A. TABARES 3618" Ave Paterson, NJ07513 (973)460-8794 STARTDATE 11/12/2003 COMPANY National Water Main Cleaning Co. COMPUTER SKILLS Extensive Software &1 Hardware Knowledge: Software Language: knowledge of desktop operations, Windows 95, 98, 2000, ME, XP and Vista, petwork protocol and services, client management, and O/Si installation, file management, Microsoft Office 97,2000, XP, 2003, 2007, Microsoft Outlook 2000, 2003, Outlook express 5,6, Corel Draw' 7-11,A AutoCAD1/812, Network: Windows NT-1 Plan and create accounts and accounts polices, implement user rights,nstall and configure network printers, manage files, implement data security procedures, application support, install and Hardware: Build and troubleshoot computers, identified system components and assemble functional systems, develop and implement preventative maintenance plans, comfigure data storage devices and gateway, PC Anywhere' 7,8,9,FrontPage 98, 2000 & 2003, Flash 5,6&8 configure network protocols, manage clients. optimize systems to be use ati its full speed capacity. National Water Main Cleaning Co. Newark, NJ EMPLOYMENT Nov. 2003- Present Datal Management inspection trucks. the entire company. -Promoted to manage ac department that handles video inspection data coming from television Responsible for managing three employees thats support the department video inspection data of Keep all thet trucks with computers running to minimize down time of employees int thei field Data recovery from hard drives that stop working. Create, develop and ifplementprocess. Nettrip Computers, IncHashrouck: Heights, NJ Field SuperviserT: Tec/nician June 1999-2003 Ability to train, motivate, and supervise Customer Service employees and at team player. Assist with technical support and layout of cabling installation for networking. Supervise and instruct new technical staffi for hardware and software. Build apd configure new's andt used computers. Customer assistance overt thej phone with step by step procedures. EDUCATION ESRI GIS and GPS NAPCO AutoCAD. 3D Pundamentals WinCan America WinCan + continued post training MCSE2000 Networkt. At May 2005 May 2006 Jan 2005 June 2000 June 1999 Jan. 1990 Discovery Networkingl Education, Hasbrouck Heights, NJ Discovery Networking Education, Hasbrouck Heights, NJ Remington ofCommercial University Computer, Programming & Accounting CERTIFICATIONS A+ Certified, Windows 20001 Professional, AutoCAD 440f56 RAJESHI KADACHHA Senior Project Engineer/Estimator National Water Main Cleaning Company- - Kearny, NJ EDUCATION: Master of Science, Environmental Technology & Sustainability. New York Institute of Technology, New York, NY. Bachelors of Technology in Agricultural Engineering. College of Agricultural Engineering and Technology, Junagadh, India. Sep 2015-May: 2017 July 2009- - May 2013 TECHNICAL: SKILLS: OSHA 40Hour HAZWOPER certified course with! HAZWOPER 8H Hour refresher training 10Hr Construction: safety Basic and applied civil engineering, soil and ground water Investigation, Renewable Energy, Fluid mechanics, Asbestos andl lead training, Project management and cost estimation. Data analysis, AutoCAD, Ms Office, GIS, Project scheduling, QA/QC. Knowledge of sewers/drain systems, Workshop Design, Sales, Marketing andF Field work. NI/NYRegulatorys compliance, NEPA, RCRA&C CERCLAregulations, field documentation: andr report writing. RELEVANT PROIECISASAPROIECI MANAGER WITH NATIONALI WATER MAIN CLEANING COMPANY: PEa and LEED Green Associate Candidate. Hamilton Township Water Pollution Control - Hamilton, NJ: Point repair & LCR of various size sanitary sewers Westchester Avenue - City of White plains, NY: Clean, TV & manhole Rehabilitation of 30 F deep manholes located old Bloomfield Avenue Improvement - Parsippany -NJ: Clean, TV inspection, Grout and Cured-n-place-pipe (CIPP) located in Hamilton township. on' Westchester avenue, NY. lining of 12" size sanitary sewers located in Parsippany. Bernards Township Sewerage Authority, NJ: Sewer system Smoke Testing of 105,000LF. RELEVANT EXPERIENCE: Environmental Project Engineer/ProjectManager,National Water Main Cleaning Co. Kearny,NJ April2018-Present Trench less rehabilitation of sewer/drain structures, Infiltration/inflow. studies of sewer/drain systems Cleaning & Closed-Circuit Television Inspection of sewer or drain pipes and structures. -Create traffic and by-pass pumping plans, Coordinate with Municipal Offices, Project management, Design, Proposals, Bids, Survey at projects, estimation and scheduling. Safety Environmental Engineer, PMY Construction Corp. Jersey City, NJ Supervising Construction work, site-safety programs and Project management. Design, scope of the meeting and coordinating various inspections during progress of work. -Sitei investigations, Manage storage, recycle, reuse and disposal ofr residual, universal andl hazardous wastes. Sep: 2017-Aprilz 2018 Pre-Bid meetings and project reports preparations. Intern Environmental Engineer, KAM-Consultants, Long Island City, New Vork. Co-ordination with Project manager, worked with! DDC, DOE and Gov. Regulations. Sep2016-lan2017 Worked on Asbestos, Lead, and Mold project monitor, Air quality, Surveying and Estimation, Report developing. Environmental Technical Support Eng., Shree Radhal Raman Charitable Trust, Rajkot (Gujarat, India)sepaole-Aug0is Deal with soil and water quality, rain water harvesting (Renewable energy), issues related to managing pollution. Protecting andi identifying the needs of the rurala areabuiesainable development. Conduct on-site visits and providing technical inputs ing projects with contractors. Javiel E. Rivera. Jr. Senior Project Manager/Estimator National Water Main Cleaning Company Kearny, NJ STARTDATE: January11,2016 RESPONSIBILITIES: Complete Jobsite Surveys Estimate Bids and Create Job Proposals Manage Projects from Preconstruction to Closeout Prepare Submittals and Shop Drawings Complete Crew and Subcontractor Scheduling Manage Onsite Crew Operations Prepare Safety and Traffic Control Plans Order Materials and Equipment Track Production and Quantities Complete Quality Control of Final Product and Services RELEVANT PROJECTS: Two Bridges Sewerage. Authority - Lincoln Park, NJ: Cleaning and Inspection of29,000 linear feet ofs sanitary Interceptor Sewers ranging from 12-inch - 42-inch. Rehabilitation of76 manhole structures through cementitious, grouting and epoxy products. Cleaning, Inspection and UV CIPP lining of270 linear feet of 36" sanitary sewer. NJ American Water- - Lakewood, NJ: Cleaning, Inspection and UV CIPP lining of11,000 linear feet of8-inch and 12-inch Sanitary Sewers. Rehabilitation of approximately 85 manhole structures through cementitious and epoxy Ferguson Township - State College, PA: Cleaning, Inspection and UV CIPP lining of 3,800 linear feet of1 12-inch, Village of Port Chester - Port Chester, NY: Cleaning, Inspection and CIPP lining of 17,2201 linear feet of8-inch, 10-inch and 12-inch sanitary sewers. Installation of213I LCR (Laterals Connection: Repairs) and rehabilitation of 895 Certified by thel National Association of Sewer Service Companies in Pipeline Assessment Certification Program Certified by the Florida Department of Transportation in Temporary Traffic Control products. 15-inch, 18-inch, 24-inch and 30-inch Storm Sewers. vertical feet of manhole structures through cementitious and groutingi products. SPECIAL TRAINING, CONTINUING EDUCATION & CERTIFICATIONS: 101 Hour OSHA in Construction Safety and Health New Jersey Traffic Control Coordinator Designation Confined Space and PPE' Training TWIC Card EDUCATION: Seton Hall University South Orange, NJ Minor in Non-Profit Studies Bachelor of Artsi in Environmental Studies and Concentration in Supply Chain Management 460f56 NATIONAL WATER MAIN CLEANING CO. The Environmental Protection Specialists An Equal Opportunity Employer AFFIRMATIVE NYC BIC License #468 ACTION PLAN OFI National Water Main Cleaning Co. July 2015 . Purpose The purpose oft this Affirmative. Action Plan ist to comply with the Civil specific procedures are applied in good faith to foster equal are deficient in the utilization of qualified minority be directed to correct deficiencies at National Water Main n. Statement of] Policy Executive Order 11246, and all applicable amendments. The program is RighigActof1964 form race, color, religion, national origin, age, marital status, sexual employment opportunity without regard program includes analyses of areas to determine whether or not orientation, sepor handicap. The designedt toi insure that National Water Main Cleaning Co. level and people orfemalès, sO that good faith efforts will in every segment oft the act oft the activities of every Cleaning Co.. National Water Main Cleaning Co. will admigiateriteirpolicies: without to valid occupational sex, age, color, national origin, ancestry, or bandiçap, except where sex or age regard is a race, religion, qualification. National Water Main Cleaning G6. will çomply,with federal, state and local laws employment opportunities employees and qualified applicants for employment. governing the equal National Water Main Cleaning Co. will take affirmative action to insure that an ofqualified members of mimority groups and females, present int the employment. increasing number National Water Main Gleaning Co. will take affirmative action toi insure that ani qualified members of minority groups and females, present int the company éstablishntents are fairly evaluated for employment in various employment areas ofv various increasing number of job classifications throughout the company. m. Responsibility for E.E.O. Policy The Director of E.E.O. is responsible for overall administration oft this program to assure that implementation ofNational Water Main Cleaning Co. Equal Employment Opportunity Policy. New) 1806 Jersey Newark Office Tumpile Kearmy NU07032 P973,4833200 F:973483,5065 New) 928 Broadway York Oflice Utica,NY13501 P315.624.9520 Boston Office 25Marshallst Canton, MAC 02021 9781878.0863 Connecticut Office 1000 (Rear) Eimst Racly/HH.CT05057 P:860.793.2808 Emal. ofixz@nwma.com Emall; F315624.9573 boston@nwme com 7818282473 Emall boston@awnterom Ematb bosto@nmez.um 47.0f56 The Director's responsibilities include: 1. Counsel division managers and management personnel on implementation oft the 2. Assure all recruiting sources are advised in writing oft the corporate E.E.O. company's Equal Employment Opportunity Policy. Policy. 3. Assist and counsel division managers ini identifying areas of underutflization and establishing goals and timetables commensurate with the local arca. 4. Conduct annual audits to insure compliance at each location. 5. Assure that required posters and notices are properly s 6. Assure that all facilities are desegregated. maintained internally at each location. 7. Disseminate the corporate E.E.O. Policy and assure that proper records are 8. Assure that women and minorities have an equal opportunity to compete for any available position they are qualified toj perfofm. 9. Disseminate the corporate E.B.O. Policy, to the public. 10. Include in all orientation programs for new employees, corporate E.E.O. 11. Where posaibleymaintaicant active association with local minority groups and Policy. women's organizations. IV. Publicationofl Policyand Compliance Program The E.E.O. Policy and Compliance Program willl be communicated to all employees through employee publications, orientation programs, management training sessions, union representatives and labor union contracts. 2. Thel E.E.O. Policy statement and government E.E.O. posters and notices will 3. Recruiting sources, advertising, employment agencies, schools, and colleges will be made aware ofl National Water Main Cleaning Co. commitment to hiring women or minority group employees under thel I be appropriately displayed. corporate E.E.O. Policy V. All purchase orders and sub-agreements shall contain an. E.E.O. statement. 480f56 Analysis of] Employment Assist division managers in analyzing by. job title or classification based the statistics provided by the local employment services, to help determine the on number labor of minorities, women, and potential age group applicants available int the local labor 1. Analyze current flow at each location, identifying women and minorities and protected age group applicants to determine the availability oft these applicants. recruiting area ift these figures are available. 2. Analyze allj job titles to determine if minorities and women are being underutilized in 3. Compare the percentage of minorities and women in the present workforce with the 4. Establish annual goals and timetables based on the above analysis, consistent with corporate policy statement on E.E.O.and the availability of applicants. job classifications. any workforce available in thei immediate labor area. VI. Job Classifications and Pay Scalés 1. Job descriptions andj jobi requirements will bei reviewed regularly toi insure do not 2. Salaries and pay scales will bes administered and regularly reviewed to assure that there are no differençes in rates of pay based on an employee's race, color, age, discriminate against women or minorities. they marital status, sex or national origin. religion, VII. Affirmative Action National Water Main Cleaning Co. is committed to take affirmative action to resolve the problemofu underutilization of minorities and women. Tot this goal, the following points will We will continue to seek qualified women and minority applicants for all 2. We will continue to insure that schools, colleges, employment agencies and employment services are informed and understand our policy of Equal Employment Opportunity. Standards for employment will be continually monitored to be certain that they are consistent with qualifications needed for satisfactoryj job performance. 3. Employment application forms will be reviewed to insure they conform with all legal requirements.. All job applicants will be given an opportunity to fill out an application which will be held in an active status for six months from date of be our guide. câtegories and at all levels ofemployment. job action. 490f56 4. Screening procedures, such as the interview, reference checks, and credit checks, will be conducted in açcordance with applicable laws and personnel practices. 5. National Water Main Cleaning Co. will insure that all qualified employees, including minorities and women receive equal consideration for opportunities for advancement, including promotions, salary increases, and transfers. In the event that reductions in the workforce become necessary, National Water Main Cleaning Co. will be certain that layoffs are made without regard to race, color religion, age, marital status, sex, sexual orientation or national origin. 6. As outlined in Analysis of Employment, National Water? Main Cleaning - Co. will periodically make reviews ofunderutilization ofr minerities and womeh. Includedi in the a. Review will be made oft the qualifications ofall individual employees for selection, training, and/or advancement withourdisetiminatory bias who are qualified for b. Reasonable and appropriate objeclives on a continuing basis for the upgrading ofwomen and minorities will be an ongoing project. Ift the objectives cannot be National Water Main Gleaning Co. will make certain that promotional standards used in upgrading employees are realistically related toj job requirements, and review willl be: higher payingjobs. met, good faith effortioward: achevement will be shown. applied in a rtondisctiminafory manner. 7. All National Water Main Cleaning Co. facilities will continue to be maintained ona non-segregated basisr 8. National Watér Main Cleaning Co. will support community educational, vocational training programs for minorities and women on an equal basis with all other employees and will take steps to inform the communities ofthis policy. Local media will be used toi inform minorities and women of opportunities with National Water Main Cleaning Co.. All advertising will designate that National Water Main Each union contract will continue to contain a clause stating mutual obligation to A Cleaning Co. is an Equal Opportunity employer. assure non-discriminatory practices. 50of56 10. National Water Main Cleaning Co. are complying and will continue to comply with all reporting requirements ofl Executive Order11246 and all applicable Office ofl Federal Contract Compliance. Reports willl be submitted to federal, or local agencies as they may be required by law. These reports will be made state, available for inspection by bona fide representatives ofs state and localcompliançe requirements oft the Equal Employment Opportunity Commission and the agencies. Executive Order 11701 - Employment of Veterans National Water Main Cleaning Co. will continue their policy ofr recruiting and hiring applicants who are veterans while striving to maintain the company's total affirmative qualified action commitment to Equal Employment Opportunity for every job applicant. VIIL. Affirmative Action for Employment of Handicapped Persons National Water Main Cleaning Co. will not discriminate against any employee or applicant because of physical or mental handicap in regard to any position forwhich the employee or applicant is qualified. National Water Main Cleaning Co. will treat handicapped employees without discrimination in all employment practices and employee benefit programs. All qualified handicapped employees will be given equal consideration for advancement including promotions and transfer. Goals National Water Main CleaningCo. will strive to achieve the end of any underutilization of minorities and women working. To this ond will undertake the following steps: 1. Continue our policy that minorities and women are in jobs where their training and abilities are 2. Examine pay scale relationships between women and men with the goal to equalize their status. 3. Where investigation reveal disproportionate ratios ofwomen and minorities, set appropriately utilized. to goals correct this problem. 4. National Water Main Cleaning Co. will continue their open promotion policy. All promotional opportunities willl be communicated to all employees. 51of56 5. Objective selection procedures will be followed. They are: evaluation ofeach candidate's qualifications, job requirements to be stated, candidate. prepared reasons fors selection ofa specific Where practical, women and minorities willl be rotated in various job levels to developmental opportunities. Women and minorities are encouraged to courses that would prepare them fori future promotions. 7. National Water Main Cleaning Co. will actively recruit women and minorities for) level jobs. To this end, aj professional organization will be contacted forassislance. professional 8. National Water Main Cleaning Co. company's E.E.O. Policy will Be, communicated the company. All officers, managers and supervisors will be aware of our policy and throughout its 9. Auditing ofall National Water Main Cleaning Co. company's personnel policies and procedures has been and continues to be an ongoing process. 10. All policies andj procedures will bej periodically examined to assure that all provide participate in study meaning. treated equally, without discriminationina all employment practices and employed employees benefit are programs. d Imesa Okanovic Assistant Vice President EEOOfficer National Water Main Cleaning Co. July22,2015 520f56 NON-COLLUSION AFFIDAVIT I,Joseph Perone, oft the Township of South Hackensack, in the County of Bergen. and the State ol) New Jersey, of full age, being duly swom according to law on my oath depose at. y that: Iam Assistant Vice President oft the firm of National Water Main Cleaning Co., the bidder making this Proposal for the abovc name project, and that Iexecuted the sai Proposal with full authority to do so; that said bidder has not, directly, or indirectly. entered into an agreement, participated in any collusion, or otherwisc taken any action in restratut of free competitive bidding in connection with the above named project an that all statements conianed in said Proposal and in this affidavit are truc and correct, and madc with full knowledge that thc State of) New Jersey, County of Hudson, relies upon the truth of the statements-rontained in said Proposal and in thc statements contained in this affidavit in awarding the CUntract for thc said projcct. Ifully warrant that no person or sclling agency has been employcd or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fce, cxcept bona fide employres orbona fide established commercial or selling agencies maintained by National WaterMain Cle eaning Co. Pefone E Josephl President Titlc Sworn before me this 10 day of December, 2024 Chaita CHERMITE MANACE Notary Public, State of New. Jersey Comm. #50226171 My Commission Explres 09/23/2029 530f56 NATIONAL WATER MAIN CLEANING COMPANY OWNERSHIP Carylon Corporation -100% Ownership ofNWMCC 2500 W. Arthington Street, Chicago, IL 60612 CARYLONCORPORATION OFFICERS AND DIRECTORS NAME Aril Mervis Kathy Lunsky Jaclyn) Maloney Violet Clark Lori Queisser Kevin] Igli Jeremy Lapon TITLE CEO/Chairman COO/Director General Counsel/Director Independent Director Interim Chief Compliance Officer Independent Director ChiefTechnology Offiçer ADDRESS 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W.. Arthington St. Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St., Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W.. Arthington St. Chicago, ILG 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St., Chicago, IL60612 Andreal Brunner Corporate Secretary Raymond Lindsley Treasurer CARYLONCORPORATION OWNERSHIP NAME ADDRESS Chicago, IL 60612 Chicago, IL 60612 Chicago, ILE 60612 Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 2500 W. Arthington St. Chicago, IL 60612 PERCENT 27.0% 24.5% 21.2% 14.9% 10.3% Aril Mervis, Rebeccal Mervis and Jonathan Mervis 2500 W. Arthington St. Aril Mervis as" Trustee ofCarylon Employee Stock 2500 W.. Arthington St. Ari Mervis, Rebecca Mervis and. Jonathan Mervis 2500 W. Arthington St. Aril Mervis, Rebecca Mervis and. Jonathan Mervis 2500 W.. Arthington St. as Beneficial Owners of) Julius LE Hemmelstein Revocable Trust Ownership Plan as Beneficial OwnersofMarciel Mervis Exempt as Beneficial Owners ofN Marcie Hemmelstein Ari Mervis ass sole Owner and CEOofC Carylon Richard Reisin as Trustee of Aril Mervis Gift" Trust Richard Reisin as' Trustee ofl Rebecca Mervis Gift Richard Reisin as' Trustee of Jonathan Mervis Gift Trust Exempt Trust Acquisition Corp. .7% .7% .7% Trust Trust Home address for Ari Mervis- 486 Columbus Avenue, Boston, MA GLC CHERMITE MANACE Swom to me this 10 day of Decebmer,2024 Notary Public, SteteofNew Jersey Comm. #5 50226171 MyCommiurspinst 0923/2029 PhuwzYlasar 367 Form W-9 (Rev. March 2024) Departmento oft thel Treasury Intemal Revenue Service Request for Taxpayer Give form to the requester. Do not send to the IRS. Identification Number and Certification Go tos www.n:gowFommw9: Instructions and for the latesti information. Before you! begin. For guidance related tot thep purpose of Form W-9, see Purpose ofF Form, below. 1 Name ofe entity/individual. Ane entryl Isr required. (Foras sole proprietor ord disregarded entity, enter thec owner's name onl line 1, ande entert hebusinesydisregerdes entity'sr name onli line2.) National Water Main Cleaning Co 2 Business name/disregarded entity name, Md different from above. only one oft thef followings seven boxes. Individual/sole proprietor box for thet tax classification ofits owner. Other (see instructions) 3a Checkt thes appropriate! box forf federalt tax classification oft thee entity/ndividual whose namei ise entered on! line 1.Check 4 Exemptions (codes apply onlyt to certalne entities, noti individuals; Exemptp payeed code ffa any) 5 Compliance Act (FATCA) reporting code (f any) (Applles! toa accounts maintained outside! thel United States.) Ccorporation Scorporation Partnership Trust/estate seei instructions onp page: 3): LLC. Enter thet taxo classification (C= C corporation, S=Sc corporation, P= Partnership) Note: Check the" "LLC" box above and, int the entrys space, enter thes appropriate code (C, S,orP) fort thet tax 3b Ifonk line 3ay you checked' "Partnership" or Trust/estate," ord checked' "LLC" ande entered" "P" as! Itst tax classification, and you are providing this form to a partnership, trust, or estate In which you have an ownership interest, check classification oft thel LLC, unless! Iisac disregarded entity. A disregarded entity shouldi instead check thes appropriate Exemption fromF Foreign Account Tax thist box ify youl have anyf foreignp partners, owners, or beneficiarles. Seel Instructions 5 Address (number, street, and apt. ors sulte no.). See Instructions. Requester's name and address (opbonal) City of Sebring 1806 Newark Turnpike 6 City, state, andz ZIP code Kearny, NJ 07032 7 List account numberfs) here (optional) Partl Taxpayer Identification Number (TIN) Enter your TINi in the appropriate box. The' TIN provided must match the name given on! line 1toa avoid Socials security number backup withholding. Fori individuals, thisi is generally your social security number (SSN). However, fora a resident alien, sole proprietor, or disregarded entity, see thei instructions for Parti I, later. For other entities, iti is your employer identification number (EIN). Ifyoud do not have a number, seel How to geta Note: If the account isi in morei than one name, see thei instructions forl line 1. See also What Name and TIN, later. or Employer identificationt number 2 2 Number To Give the Requester for guidelines on whose number to enter. 7 5 3 2 6 Part I Certification Under penalties of perjury, certifyt that: nol longer subject tol backup withholding; and 3.1 lama aU.S. citizen or other U.S. person (defined below); and 1. The number shown ont thist form is my correct taxpayer dentification number (orl am waiting for a number tol bei issued tor me); and 2.lam not subjectt tol backup withholding because (a)! am exempt from backup withholding, or (b)lhaver not been notified by thel Internal Revenue Service (IRS)t thatl am subjectt tob backup withholding as a result ofaf failure tor report alll interest or dividends, or (c) thel IRSI hasr notified me that lam Certification instructions. Your must cross outi item 2a abovei ify youl havel been notified byt thel IRS that yous are currentlys subject tol backupy withholding because youl have failed tor report alli interest and dividends ony yourt tax retum. For real estate transactions, item 2 does not apply. Forr mortgagei interest paid, acquisition or abandonment ofs secured property, caneeltation ofc debt, contributions toa ani individual retirement arrangement (IRA), and, generally, payments other than interest and diydendsyousesptr required tos sign thec certification, guty you must providey your correct TIN. See thei instructions for Part I, later. 4.1 Thel FATCA code(s) entered ont this form (f any)i indicatingt that! am exempt from FATCAI reportingi is correct. Sign Signaturgot General Instructions Here U.S. person Section references aret tot thel Internal Revenue Code unless otherwise Future developments. For the latesti information about developments related to Form W-9 and itsi instructions, such as legislation enacted after they were published, go to wwwir.gowFomw9. Line: 3al has been modified to clarify how a disregarded entity completes this line. AnLLCt that is ac disregarded entity should check the appropriate boxi fort thet tax classification ofi its owner. Otherwise, it should check the' "LLC" box and enteri its appropriate tax classification. Date 12/10/24 Newl line 3bl has! been added tot thisi form. Af flow-through entityi is required to complete this line toi indicate thati it has direct ori indirect foreign partners, owners, or beneficiaries wheni it provides the Form W-9 toa another flow-through entity in whichi ith has and ownershipi interest. This changei isi intended1 top provide af flow-through entity withi information regarding the status ofi itsi indirect foreign partners, owners, or beneficiaries, sot that it can satisfy any applicable reporting requirements. For example, a partnership that! has any indirect foreign partners may ber required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 andi K-3(Form Ani individual ore entity (Form W-91 requester) whoi isn required tot filea an information return with thel IRSi is giving) you this form! because they noted. What's New 1065). Purpose of Form Cat. No. 10231X Fom W-9 (Rev. 3-2024) 55of56 CERTIFICATEO OF CORPORATE AUTHORITY Ata duly authorized meeting of the Board of Directors of National Water Main Cleaning Company (the "Corporation")! held on July 10,2024, Directors were present or waived notice, Joseph) Perone was elected as President oft this Corporation and is authorized do any and all acts and things and to execute any and all agreements, consents, certificates and documents as in his opinion, or in the opinion of counsel to the Corporation, may bei necessary or appropriate in order to carry out the purposes andi intent of the Corporation. Corporate Address: 18061 Newark Turnpike Kearny,NJ07032 Ihereby certify that Ia am the Segretary/Ireasurer of National Water Main Cleaning Company above votel has not been amended or rescinded and remains in full forcea astepa datehersof. (Title) (Name ofCorporation) ofsaid Corporation, and the that Joseph Perone is the duly elected President (Name of Officer) (Title) Signature: Name/Title: Date: Gennifer Cffro Seretnibiehsurer 12/10/2024 National Water Main Cleaning Company was incorporated inl New Jersey on 7/2/1964. 560f56 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7,2025 PRESENTER: Robinson AGENDA ITEM#: 8J-CDBG-MIT Engineer Consultant Services Agreements BACKGROUND: Council approved the engineer contracts for services for the below CDBG-MIT projects at their December 17, 2024 meeting; however, the beginning and ending dates of the agreement term were not updated during the lengthy Florida Commerce approval process. The attached contract agreements allow for the full term of the contract using al beginning date of. January 7,2 2025. Engineer Consultant Services Agreements (Attached): I0150- - Sebring Airport Water Plant - Cool & Cobb Engineering 10151 - Sebring Fire Station 14 - Blot Engineering 10152 - Sebring Fire Station 15 - Cool & Cobb Engineering 10153 - Firemen's Field Water Plant - Cool & Cobbl Engineering 10154 - Park Street Water Plant - Cool & Cobb Engineering 10155 - Sebring Police Department- - Blot Engineering 10156 - Veteran's Beach Water Plant - Cool & Cobb Engineering REQUESTED MOTION: Approve Consultant Services Agreements as presented for engineering services related to CDBG-MIT Projects (10150-10156). COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: - Seconded by: Carlisle Havery Mendel Stewart Bishop OTHER CONSULTANT SERVICES AGREEMENT (Project 1 - Fire Station 15-CDBG-MITI Project 10152) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, al Florida municipal corporation, (herein called "City") and COOL. AND COBB ENGINEERING In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are herebyacknowledged, City and Consultant hereby agree as set forth below. 1. Cityi issued RFQ24-002 describing the scope ofv work forj professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1- General Terms and Conditions, Attachment 2-1 Legal Provisions, and Attachment 3 - Description of the Project scope and fee, and all Modifications issued subsequent hereto. The Contract Documents form the "Contract." The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may be amended or modified only by a Modification. A "Modification" is a written amendment to the Contract signed by both parties or a changeorder. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days ofapprovalthereof. COMPANY, al Florida corporation, (herein called' "Consultant"). 3. Scope of Work. See Attachment: 3. fors satisfactory completion oft the Scope of Work. 4. Compensation. Consultant shall be paid $43,830.00, which includes alli fees, costs, charges, and expenses, 5. The term of this Agreement is two (2) years, beginning January 7, 2025 and ending January 6, 2027, unless sooner terminated as provided in the Contract Documents or extended by agreement of the parties. 6. The Contract may be terminated as provided in Attachment 1, and in the event City does so, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the A. Usel by City ofthe Work Product is at City'ss sole risk and without liability or legal exposure to Consultant 7. All documents provided by Consultant to City shall be in both hard copy andi in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF following: or anyone working by or through Consultant, including design professionals. B. Consultant is paid by City all monies due under subparagraph 5 above. PROFESSIONAL SERVICES HEREUNDER. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Roland Bishop, Council President Attest: By: Printed Name: Kathy Haley, City Clerk (corporate seal) LaxaxeRehnag Printedl Name: Eadene Bobinson COOL AND COBB ENGINEERING COMPANYaPlonda corporation - JamcsMason Cobb, President By: CaxalCres Bac (corporate seal) 2 ATTACHMENTI GENERALTERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL. AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement al Florida municipal corporation (herein referred to as the "CITY") and COOL. AND COBB ENGINEERING (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, COMPANY, al Florida corporation, (herein referred to as the CONSULTANT"). ARTICLE1- PAYMENTS TO CONSULTANT The CONSULTANT willl bill the CITY at the amounts set forthi in the Schedule ofPayments for services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion of services outlined in the Scope of Work developed for each authorization. ARTICLE2- - REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list of the types ofexpenditures eligible for reimbursement. All requests for payment of"out-of-pocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance oft the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of the Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. AKICIB3-PAYMENTO: INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services havel been rendered in conformity with the Contract orapplicable Consultant Services Agreement. Invoices must referencet the current purchase order number(ifany). Payment shall be made in accordance with the Consultant Services Agreement for specificprojects. ARTICLE4-TRUTIENOTIATIONG CERTIFICATE The signing of the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for int the Contract and that Consultant Services Authorization are accurate, complete and The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that thet rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as of the date of the Contract and that Consultant Services Authorization. within one year following final payment. 3 ARTICLES- TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event ofs substantial failure by the CITY to perform in accordance with the terms ofthe Contract through no fault ofthe CONSULTANT. Itmay alsol bet terminated! by the CITY with or without cause upon 30 days written notice tot the CONSULTANT. Unless the CONSULTANTisi in breach oft the Contract, the CONSULTANT shalll be paid for servicesrendered tot the CITY through the date oftermination. After receiptofal Termination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of Transfer all work inj process, completed work, and other material related to the D. Continue and complete all parts oft the work that have not been terminated. terminated work. terminated work tot the CITY. ARICLEG-PERSONNEL relationship with the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual All oft the services required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions int the CONSULTANT's key personnel as may bel listed herein must ber made known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law to perform such services. become effective. ARTICLE7-KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant Thomas LaPerreire, AIA Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 Contact Person for CITY ARICEI-SUACONIRACTING For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor: andt toi inspectallf facilitiesofany: subcontractorsi noberbomacadteminion as tot the capability ofthe: subcontractor toj perform properly under the Contract. The CONSULTANT is encouraged tos seek minority Ifas subcontractor: fails to perform or make progress, as required by the Contract, and iti is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do SO, subject to and women business enterprises for participation in subcontracting opportunities. acceptance oft the new subcontractor by the CITY. ARTICLE9- FEDERAL AND STATET TAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT: shall not be exempted from paying sales tax toi its suppliers forr materials toi fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY's Tax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment ofi its own taxes. ARTICLE 10 - AVAILABILITY OF FUNDS purpose by the City Council oft the CITY OF SEBRING. The obligations oft the CITY under the Contract are: subject tot the availability of funds lawfully appropriated fori its ARTICLE11-I INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. Alli insurance policies shall be issued by companies authorized or approved to do business under the laws oft the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the .The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance withi minimum limits of$2,000,000 per occurrence and annual aggregate. Ifaclaims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP)ofa as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide ai retroactive date no later than thei inception date ofclaims made D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, whichi may arise from the ownership, use, ormaintemanceofowned required under this paragraph and that insurance has been approved by the CITY. CONSULTANT ofits liability and obligations under the Contract. coverage. 5 and non-owned automobiles, including rented automobiles whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. F. The CONSULTANT shall maintain, during the life oft the Contract, adequate Workman's Compensation Insurance and Employer'sl Liability Insurance in at leasts such amounts as are required by law for all ofits G.A Alli insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant tot the Contract. CONSULTANT shall specifically include the CITY as an Additional Insured". ARTICLE 12-STANDARDOF CARE The CONSULTANT covenants that alls services shall bej performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLE 13 - INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's! liability fori indemnification shall be limited to $2,000,000.00. ARTICLE 14-S SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party ofthe Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in the Contract without the written consent of the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent ofthe CITY which may be aj party! hereto, nor shall itl be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE15- REMEDIES The Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will bel heldi in] Highlands County, Florida, and the Contract will be interpreted according to the laws ofthe State ofFlorida.) Noremedy herein conferred upon any partyi isi intended tol be exclusive ofany other remedy, and eacha ande every such remedy shall be cumulative ands shall bei in addition to every other remedy given hereunder or nowo orl hereaftere existing: at law or by statute or otherwise. Nos single orj partial exercise by any party ofany right, power, or remedy hereunder shall preclude any other or further exerciset thereof. ARTICLE16-CONFLICTOE INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict ina any manner with the performance ofs services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further The CONSULTANT shall promptly notify the CITYinv writing ofp potential conflicts ofinterest for any prospective business associations, interest or other circumstances which may influence or appear to influence the represents that no person having any interest shall be employed for said performance. 6 CONSULTANT's judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shall identify thej prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion oft the CITY as to whether the association, interest or circumstance would, int the opinion oft the CITY, constitute a conflict ofi interest ifentered intol by the CONSULTANT. The CITY agrees to notify the CONSULTANT ofi its opinion by certified mail within 30 days ofr receipt ofnotification by the CONSULTANT. If, in the opinion oft the CITY, the prospective business association, interest or circumstance would not constitute a conflict ofi interest by the CONSULTANT, the CITY shall sO state in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided tot the CITY by the CONSULTANT under the terms oft the Contract. ARTICLE: 7-EXCUSABLEDEIAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are not limited to: acts of God, the CITY's omissive and commissive failures; natural or publicl health emergencies; labor disputes; freightembargoes; ands severe weather conditions. The CONSULTANT Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT's: failure to perform was duet to causes reasonably beyond the CONSULTANT'S control and without its fault or negligence, the Contract Schedule and/or other affected provision oft the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at shall be responsible for the timely completion ofsubcontractor'si work. any time. ARTICLE 18 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form ofi indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE 19 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files of all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY'sprior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid for its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or att the CITY's expense shall be andi remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in Drawings. its property and may bei reproduced and reused at the direction of the CITY. derogation of any right therein reserved by the CONSULTANT. 7 If, however, the CITY uses for any other purpose the CONSULTANT'S documents, drawings, and specifications, orreuses them without written verification or adaptation by the CONSULTANT1 fort the specific purpose intended, it-will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the CONSULTANT's independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs ofthe exterior andi interior, among the CONSULTANTSPomotonN andj professional material. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT oft the specific information considered to be confidential or proprietary. CONSULTANT. ARTICLE20 - INDEPENDENT CONSULTANT RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract an independent contractor, and not an employee, agent, or servant ofthe CITY. All persons engaged in any ofthe work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents of the CITY. representation other than specifically provided for in the Contract or amendment thereto. ARTICLE21-C CONTINGENTI FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that itl has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon orI resulting from the award or making of the Contract. ARTICLE22- - ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract fora at least six (6)years after completion ofthe Contract. The CITYand shall have access to such books, records, and documents as required in this section for the purpose ofi inspection or audit during normal business hours, at the CITY's cost, upon reasonable notice. ARTICLE23-NONDISCRIMINATION The CONSULTANT represents, to the best ofi its knowledge, that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARTICLE24 - COMPLIANCE WITH DAVIS-BACON ACT REQUIREMENTS The CONSULTANT hereby agrees, where required on Federal Grant assisted projects, to comply with applicable portions oft the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges thej possible necessity for amending the Contract in order to comply with Federal guidelines 8 applicable to Grant Assisted projects which may be undertaken by the CITY. ARTICLE25- SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE26- ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None oft thej provisions, terms and conditions contained! int the Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by thej parties hereto. ARTICLE27- - ENPORCEMENTCOSTS In any action brought by either party for the interpretation or enforcement of the obligations oft the other party, including the establishment ofar right toi indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even ifn not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE28 - AUTHORITYTOI PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration of the Contract a current certificate of registration required under Florida Statutes. ARTICLE29-SEVERABILITY Ifany term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, be heldi invalid or unenforceable, the remainderofthe Contract, ort thea application ofsuch term or provision, toj persons or circumstances other than those as to which iti is held invalid or unenforceable, shall not be affected, and every other term and provision of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE30- - AMENDMENTS ANDI MODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each of the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT oft the CITY'sn notification ofa contemplated change, the CONSULTANT shall, if requested by CITY: (1) provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3)advise the CITY in writing ifthe contemplated change shall effect the CONSULTANTSabiliy to meet the completion dates Ift the CITY so instructs in writing, the CONSULTANT shall suspend work on the portion oft the work affected parties. or schedules of the Contract. 9 byac contemplated change, pending the CITY's decision to proceed with the change. If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the CONSULTANT shall not commence work on any such change until such written amendment or change orderh has been issued and signed by each oft thej parties. ARTICLE31- CITY'S RESPONSIBILITIES Provided: suchi information is reasonably required by the CONSULTANTIePerfomm its services under the Contract, A. Provide full information regarding requirements for the projects and tasks, including a program which shall set forth the CITY'so objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes of service and fulfilling D.A Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO the CITY shall: sequential progress of the CONSULTANT's: services. project or task objectives. Contract. as not to delay the services oft the CONSULTANT. F. Bear all costs incident to compliance with the requirements oft this Article. ARTICLE32-NOTICE shall be mailed to: All notices required in the Contract shall be sent certified mail, return receipt requested, and if sent to the CITY City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 and ifs sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL3 33825 10 ARTICLE33 - PUBLICI ENTITY CRIMES Aj person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit al bid, proposal, or reply on a contract to provide any goods or services to a public entity; may nots submit al bid, proposal, or reply on a contract with a public entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases ofr real property to aj public entity; may notl be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO: for aj period of 36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that iti is notsubject to denial or revocation ofthe right tot transact business withj public entities pursuant tos. 287.133,1 Florida Statutes. ARTICLE34- - DRUG-FREE WORKPLACE CONSULTANT: acknowledges that Cityi is a drug-free work place. CONSULTANT covenants that all employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute 287.087. ARICLE3S-SCRUTNNIZEDCOMPANIES By signing the Contract, CONSULTANT certifies that it is not ineligible, pursuant tol Florida Statute 287.135,to bid on, submit a proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option if CONSULTANTisi found tol have submitted a false certification pursuantto section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan) List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract ati its optioni FCONSULTANTisI found tol havel been placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of] Israel. ARTICLE36-LAWS. AND REGULATIONS the Work and the protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of ARTICLE37-RESPONSIBILITY FOR THOSE PERFORMING1 THE WORK CONSULTANT shall ber responsible to City for the acts and omissions ofalli its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTICLE38- - PROVISIONS REQUIRED BYI LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted int this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is not inserted, ori is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction. ARTICLE39-5 SAFETY AND HEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be 11 applicable to this Project. 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. ARTICLE40- DEFAULT Subject tot the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for the interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy ori in postj judgment collections. ARTICLE41 -I PUBLIC RECORDS CONSULTANT is required tol keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service sought herein. CONSULTANT is required to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosurerequirements: are not disclosed except as authorized by law and must meeta all requirements for retaining public records. CONSULTANT shall maintain the public records for six (6) years after the completion of the projectandt transfer, at no cost, tot the City, FaemiGovemem(nalaing HUD), orthe State of Florida (inçluding FloridaCommerce), all public records, including requests for proposals, invitations for bids, independent cost estimate(s); and score: sheets. All records stored electronically must be provided to the City, Federal Government (including HUD), and the State of Florida (including FloridaCommerce) in a format that is compatible with the information technology systems of those governmental entities. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, yatyemyebrnugon or 368 SOUTH COMMERCE AVENUE, SEBRING, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, FL33870. ARTICLE42- - PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction: for a public entity crime may not submit al bid, proposal, or reply on a contract toj provide any goods or services to aj public entity; may not submit a bid, proposal, or reply on a contract with a public entity fort the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; andi may not transact business with any public entity in excess oft thet threshold amount provided in s. 287.0171 for CATEGORY TWO: for a period of36 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with the provisionso ofFlorida Statute 287.133, and further certifies that neither it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment2 LEGALPROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations. as are required by law in order for Contractor tor render its services hereunder. Contractor shall require all ofi its subcontractors to comply with the provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor: for this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses (b) 1. Ifac contractor entersi into a contract with a subcontractor, the subcontractor must] provide the contractor witha ana affidavit stating that thes subcontractor doest note employ, contract with, or subcontract with an unauthorized (c) 1. Aj public employer, contractor, or subcontractor whol has a good faith belieft that aj person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with the person orentity. subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and the E-Verify system. alien. 2. 2. 3. The contractor shall maintain a copy of such affidavit for the duration oft the contract. A public employer that has a good faith belief that a subcontractor knowingly violated this Ac contract terminated under subparagraph 1. or subparagraph 2. is not al breach of contract and order the contractor to immediately terminate the contract with thes subcontractor. may not be considered as such. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifa public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded aj public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by a public employer as a result oft the termination was terminated. ofacontract. Legal Provisions and Certifications To the extent appliçable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor: represents and warrants unto Owner that no officer, employee or agent of Owner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that it has not paid oragreed Design/Builder (collectively "Contractor"): 13 top pay any person, company, corporation, individual or firm, other than al bona fide employee working solely for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft this Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofany firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each ofi its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its CIVIL RIGHTS ACTOF 1964, TITLEV VI-C CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance ofthis contract, the contractor, fori itself, its assignees and: successors in interest(hereinafter 1.1 Compliance with Regulations. The contractor shall comply with thel Regulations relative to nondiscrimination inf federally assisted programs ofthel Department ofTransportation (hereinafter, "DOT")Title 49, Code of] Federal Regulations, Part21, as they may be amended from time tot time (hereinafter referred to as thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly ori indirectly in the discrimination prohibited by section 21.5 oft the Regulations, including employment practices 1.3 Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required ofa contractor is in the exclusive possession ofanother who fails or refuses toi furnish this information, the contractor shall SO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, services to be performed hereunder. subcontractors to comply with the provisions of this paragraph. referred to as the 'contractor"): agrees as follows: are herein incorporated by reference and made aj part of this contract. when the contract covers aj program set forth in Appendix B oft the Regulations. nondiscrimination on the grounds ofi race, color, or national origin. as appropriate, and shall set forth what efforts it has made to obtain thei information. including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or b.C Cancellation, termination, or suspension oft the contract, in whole or inp part. 14 procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (I)i int the furnishing ofs services to Owner hereunder, no person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied the benefits of, or otherwise bes subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office oft the Secretary, Part 21, Nondiscrimination in Federally-assisted programs oft the Department ofTransportation effectuation of Title VI and Title VIII oft the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or shei is authorized toj provide, undertake for such person the obligations contained int this section. Contractor shall furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insure that noj person shall ont the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status ini the selection or retention of subcontractors. Contractor assures thati it will require thati its covered subcontractors provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing ofs services to the Owner, and Contractor agrees that it will adopt any such requirements as a part Non-Diserimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. Noj person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise: subjected to discrimination in the use of saidf facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing ofs services thereon, no person on the grounds of race, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part2 2l,Nondiserimination in! Federally assisted programs ofthel Department ofTransportation- Effectuation of Title VI of the Civil Rights Act of 1964 and' Title VIII of the Civil Rights Act of 1968, That in the event ofa breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. United States to enteri into such litigation to protect thei interests of the United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. ofthis Contract. hereof, does hereby covenant and agree that: and as said Regulations may be amended. 15 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit oft the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant fore employment because ofrace, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, (3)7 The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part ofs such employee's sessential jobi functions discloses the compensation ofsuch other employees or applicants toi individuals who doi not otherwise have access to suchi information, unless such disclosure is ini response toai formal complaint or charge, in furtherance ofa an investigation, proceeding, hearing, or action, including an investigation conducted (4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, ai notice tol bej provided by the agency contracting officer, 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 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of (6) The contractor will furnish alli information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders oft the Secretary of Labor, or pursuant thereto, and will permit access tol his books, reçords, and accounts by the contracting agency and the Secretary ofLabor forj purposes of (7)) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any ofs such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole ori in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, nondiscrimination clause. color, religion, sex, sexual orientation, gender identity, or national origin. by the employer, or is consistent with the contractor's legal duty to furnish information. toe employees and applicants for employment. the rules, regulations, and relevant orders of the Secretary ofL Labor. investigation to ascertain compliance with such rules, regulations, and orders. 16 regulation, or order oft the Secretary ofLabor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs().throught (8)ine every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary ofLabor as ar means ofenforcing: 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 ai result ofs such direction, the contractor may request the United States to enter into such litigation to protect the interests oft the United States. EEOCOMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 0o(E0-)promugate. jointly byt the OfficeofFederal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans forl Progress or such form as may hereafter be promulgated ini its placei ifsuchj prime contractor or subcontractor (i) is not exempt from the provisions ofthese regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (ii) is aj prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves asa depository of Government funds in any amount, or isa a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting ora administering agency within 30 days after the award tol him ofac contract or subcontract, unless such person has submitted such a report within 12 months preceding the date oft the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failuret toi filet timely, complete and accurate reports as required constitutes noncompliance with thej prime paragraphs (a)(1)(),(ii), and (iv) ofthis section. require. The Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with Part 60-2: Affirmative. Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-2 ofthis chapter; (ii) whether it has participated in any previous contract ors subcontract subject to the equal opportunity clause; (in) whether it has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2). Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the Deputy Assistant Secretary requests prior to the award of the contract ors subcontract. When a determination has been made to award the contract ors subcontract toa specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. 17 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS: -41CFR Part 60.4.3 1.As used ini these specifications: a."Covered: larea"means the geographical area described: int thes solicitation from whichi this contract: resulted; b."Director" means Director, Office ofFederal Contract Compliancel Programs (OFCCP), U.S. Department c."Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom thel Director delegates authority; Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d."Minority" includes: origin); (I) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department ofl Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance! by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to 4. The contractor. shall implement the specific affirmative action standards provided within these specifications. The goals set forth int the solicitation from which this contract resulted are expressed as percentages ofthet total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Spanish culture or origin regardless ofrace); East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and community identification). which is set forth int the solicitations from which this contractresulted. achieve the Plan goals and timetabies. inn meeting its goals in each craft during the period specified. 18 contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. Inc order fort the non-working training hours of apprentices and trainees tol be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion oftheir training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation oft the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall imphememt.fimatheasion a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, andi in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority andi female recruitment sources and to community organizations when the contractor ori its unions have employmento opportunitesavalable, and maintain ar record oft the organizations' responses. C. Maintain a current file of the names, addresses, and telephone numbers ofe each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. Ifs such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, ifreferred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Provide immediate written notification tot thel Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's EEO policy by providing notice ofthep policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including iti in any policy manual and collective bargaining agreement; by publicizing iti in the company newspaper, annual report, etc.; by specific review oft thej policy with all management personnel and with all minority and female employees at least once a) year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or pursuant thereto. by the U.S. Department ofLabor. steps at least as extensive as the following: working at such sites or in such facilities. whatever additional actions the contractor may have taken. contractor's efforts to meet its obligations. under 7b above. employees at each location where construction work is performed. 19 other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to thei initiation of construction work at anyj jobs site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally by including it in any advertising ini the news media, specifically including minority and female news media, andj providing written notification to anddiscussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or i.D Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority andi female students; andt to minority and female recruitment andi training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, J. - Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide afters school, summer, and vacation employment to minority and female youth both k. Validate all tests and other selection requirements where therei is an obligation to do sO under 41 CFR Part 1.C Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m. Ensure that seniority practices, job Classifications, work assignments, and other personnel practices dor not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that thel EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between thes sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors: and suppliers, including circulationofsoietations to minority and female contractor p. Conductareview,; at least annually, ofall supervisorsadherence to and performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations. The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates ini the group, makes every effort to assure that the group has aj positive impact on the employment ofminorities and women int the industry, ensures that the concrete benefits of the program are reflected in the contractor'si minority and female workforce participation, makes a good faith effort to meeti its individual goals and timetables, and canj provide access to documentation which demonstrates the effectiveness ofactions taken subject matter discussed, and disposition oft thes subject matter. anticipates doing business. screening procedures, and tests to be used in the selection process. on the site and in other areas ofa contractor's workforce. 60-3. training, etc., such opportunities. associations and other business associations. EEO policies and affirmative action obligations. 20 on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minorily.Consequently, ifthe particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved itsg goals for women generally,) the contractor may be in violation oft the Executive Orderi ifa specific minority 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order11246, as amended, and itsi implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 ofthese specifications, soas to achieve maximum results from its efforts to ensure equal employment opportunity. Ifthe contractor failst to comply witht thei requirements ofthel Executive Order, thei implementing/ regulations, ort these specifications, the 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall atl least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for aj period ofs six years following the completion and closeout of the project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner, the U.S. Department ofHousing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General of the United 15. Nothing herein provided shall be construed as a limitation upon the application of other laws whichestablish different standards of compliance or upon the application of requirements for the hiring of local or otherarea residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development to fulfill an obligation shall not be a defense for the contractor's noncompliance. group ofwomeni is underutilized. any person because of race, color, religion, sex, or national origin. contracts pursuant to Executive Order 11246. Director shall proceed in accordance with 41 CFR 60-4.8. States. Block Grant Program). CERTFICATIONOF) NONSEGREGATED! FACILITIES- 4 41 CFR PART60-1.8 Notice tol Prospective Federally Assisted Construction Contractors: 1.A Certification of Non-segregated Facilities shall be submitted prior to the award ofai federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions oft the Equal Opportunity Clause. 21 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions oft the Equal Opportunity Clause will be required to provide for the forwarding of thei following noticet top prospective subcontractors fors supplies and construction contracts wheret thes subcontracts exceed $10,000 and are not exempt from the provisions oft the Equal Opportunity Clause. NOTE: The penalty Notice to Prospective Subcontractors of Requirements for Certification ofl Non-Segregated Facilities: 1.A A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions oft thel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions oft the Equal Opportunity Clause will be required to provide for the forwarding oft this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of thel Equal Opportunity Clause. NOTE: Thej penalty for making false statements fori making false statements in offers is prescribed in 18 U.S.C.1 1001. in offers is prescribed in 181 U.S.C.1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofhis establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated: facilities at any ofhis establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach oft this certification is a violation oft the Equal Opportunity Clause in As used ini this certification, thet term' "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin because ofhabit, local custom, or any other reason. Thei tederally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she or he will retain such certifications in his files. NOTICEOFF REQUIREMENTFOR. AFFIRMATIVE ACTON-4ICFRPARTAP2 Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYING AND INFLUENCING FEDERALI EMPLOYEES The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting toi influence an officer or employee ofa any agency, al Member ofCongress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the making of any Federal 2. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for grant and the amendment or modification of any Federal grant. 22 influencing or attempting toi influence an officer or employee ofa any agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records. Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whether therel has! been compliance with said Regulations and directives. Where anyi informationi required ofContractor is in the exclusive possession ofanother who fails or refused toi furnish this information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofs six (6) years after the termination of the Contract. Records shall be made available to the public per Chapter 1191 Florida Statutes; and shall be made available tot the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General oft the United States. Int the event of breach ofany oft the above nondiscrimination covenants, Owner shall have the rightt toi impose such contract sanctions asi itc or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor under this Contractorc canceling, terminating, ors suspending this Contract in whole or inj part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures ofTitle 49, Code ofl Federal Regulations, Part 21 itsi instructions. are followed and completed, including exercise or expiration of appeal rights. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS29CER PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at ai rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 2. Violation; Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth inj paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation oft the clause set forth inj paragraph 1 above, in the sum of $101 fore each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized: representative of thel Department ofLabor withhold or cause to be withheld, from any monies payable on account ofwork 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 ofs such contractor or subcontractor for unpaid wages and 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as provided in the clause set forth inj paragraph 2above. subcontractor with the clauses set forth in paragraphs I through 4 oft thiss section. 23 ACCESS1 TO RECORDS ANDI REPORTS The Owner, as well as the public pursuant tol Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data oft the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and The Contractor: shall maintain an acceptable cost accounting system. The Contractor agrees toj provide the Owner, the U.S. Department ofl Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records oft the contractor which are directly pertinent to the specific contract for the purpose ofr making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for aj period of not less than six years transcriptions. after final payment ist made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofs services contracts awarded by the Owner, including, but not limited to, contracts financediny whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26i in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirementsi is a material breach ofthis contract, which may result in the termination of this contract or Prompt Payment. Thej prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than fourteen (14) days from the receipt ofe each payment, including retainage, that thej prime contractor receives from City of Sebring. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten perçent (10%) per annum, computed beginning ont the 14th day after paymenti is due. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval oft the City of Sebring. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms ofa contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor: and any subcontractors shall not discriminate on1 thel basis ofrace, color, Participation Policy apply to this Contract. such other remedy, as the recipient deems appropriate. clause applies to both DBE and non-DBE subcontractors. national origin, or sex in the award and performance of Owner contracts. 24 DBE Administration. 1. Eligibility ofDBE's: Those firms currently certified as DBE's by thel Florida Department ofTransportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review ofaj potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certification oft the potential DBE. Previous acceptance ofal DBE by the State or Owner does not ensure 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures to DBE's that perform ac commercially useful function int the work ofthe contract. A DBE performs a commercially useful function when it is responsible for execution ofa distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors willl be evaluated. Ifconsistent withi industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontracta portion oft the work upt tot the amount allowed unders standard supcontractingcontract provisions ofnormal industry practices.. Al DBE is presumed not to bej performing a commercially b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE: suppliers and manufacturers as described below. The DBE's must assume the actual and contractual: responsibility for thej provision oft the materials and (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the Sixty percent ofexpenditures' toal DBE regular dealer willl be counted toward thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution (3) Nocredit will be given toward thel DBE goal, ifthe prime contractor makes a direct payment toa a non-DBE material supplier. However, it will be permissible for ai material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward the DBE goal, will be given for the cost ofr materials or equipment used inal DBE: firm's work when those costs are paid by a deduction from the prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the acceptance on this project. following: useful function ift the DBE is performing outside these guidelines. supplies: premises the materials or supplies that are obtained by the contractor. equipment. making remittance to the DBE firm and material supplierjointly. payment(s) to the DBE firm. 25 expenditures. The records shall include for each owner-operator; their social security number; driver's liçense number; vehicle registration number; current vehicle license number; truck d. Joint Venture: When aj joint venture contract isi involved, the Owner shall count towards thel DBE goalt that portion ofthe contract total dollar value equal tot thej percentage ofownership: and control ofeach DBE: firm within the joint venture. Such crediting iss subject toi the owner's acceptance of thej joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the number; and a complete record oft the contract fees paid to them. following: (1) Contract responsibility of the DBE: for specific contract items ofwork, (2) Capital participation by thel DBE, (3) Specific equipment to be provided by thel DBE, (4) Specific responsibilities oft thel DBE regarding control of thej joint venture, (5) Specific workers and skills tol be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the. joint venture. The joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render al bid noni responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and (1) The names, addresses, contact persons, phone numbers, and category ofDBE firms tol be (2) A list ofthel bidi items ofwork to be performed by thel DBE and the percent tol be credited (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with the bid. The Owner may request additional DBE information and may allow the bidders, upt to7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior toawarding the contract the Ownerwill verify verbally and/or in writing that the information submitted by the apparent successful bidder is Good! Faith Efforts: Ifthe bidder is unable tor meet thel DBE goal, the bidder must submit evidence ofg good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include (1) Efforts to select portions of the work for performance by DBE's, in order to increase the will: not be considered. The information furnished shall consistof: used on the contract; toward the DBE goal; (3) The dollar value of each oft the DBE work items; and demonstration oft the good faith efforts taken to meet thel DBE goal. accurate and complete. but are: not limited to: 26 likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions (2) Written notification to individual DBE's likely to participate in the contract sent at least 70 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall bes sent to ai reasonable number ofl DBE's qualified toj participate in the contract. (3) Efforts to negotiate with DBE's for specific items of work including: ofwork shall be at least equal to the DBE goal. (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact andi information oni further contactsi made to determine with certainty ifthe DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were: not reached; and (d) Information on each DBE contacted but rejected and the reasons for ther rejection. (4) Efforts to assist thel DBE's that need assistance in obtaining bonding, insurance, or lines ofo credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning Mcontiracingopperunites. 7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failurei to meet thel DBE goal and would not constitute (I) Thel DBE was unable to provide adequate performance and/or payment bonds. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit (5) The prime contractor would normally perform all or most of the work included in this placement ofDBE's. a good faith effort: (2) Areasonable DBE bid was rejected based on price. (4) Union versus non-union status of the DBE: firm. bid price. contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contracti is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life oft the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract toi increase thel DBE participation to meet the contract goal. 27 IfaDBEisunwilling: or unablet toj perform the work specified, the contractor shall request from the Owner, relieffrom the obligation to use that DBE. Efforts willl be made by the contractor to acquire from thel DBE al letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. Ift this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE toj perform an equal dollar value ofallowable credit. Ifai new DBE cannot bei found, the contractor shall submit evidence of good faith efforts within 15 calendar days oft the request for relief. The contractor: shall submit the new DBE's name, address, work items andi the dollar amount ofeachi item. Ift the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. Ift the owner is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value of suchy work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be Final DBE Certification: Upon completion of the individual DBE: firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid thel DBE1 firm. This certification shalll be signed by both the prime contractor and the DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance Rights To Inventions. All rights to inventions and materials generated under this contract are subject to Contract Time. If the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other contractors or to require Contractor to hire sufficient skilled workers for Contractor to recover. lost time and complete thel Project on time. Any additional costs associated with this will be borne by original Contractor. The owner shall approve the new DBEI before the DBE: starts work. DBE obligations. The records shall include but are not limited to: documented. with the Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner oft thel Federal grant under which this contract is executed. Ownerl hast thei rightt torefuse as subcontractor: forg good faith concern abouti thes subcontractor's competence, Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other solvency or fitness to perform timely. duties, obligations, rights, or remedies. 28 The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part ofthe Work, until evidence is presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department ofl Management Services determines that those products or materials are available. to countersign such commitments have done so." CERTIFICATION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in alll lower tier transactions, solicitations, proposals, contracts, ands subcontracts. Where the Contractor or any lower tier participant is unable to certify tot this statement, its shall attach an explanation to this solicitation/proposal. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance oft the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)ListofViolating: Facilities; 2. To comply with all the requirements of Section 114 oft the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of thel Federal Water Pollution Control. Act, as amended,33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official ofthei receipt ofa any communication: from the EPA indicating that ai facility tol be used for thej performance of or benefit from the contract is under consideration to be listed on the EPA List of Violatingl Facilities; 4. To include or cause to bei included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria andi requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VIofthe Civill Rights Actof1964(Pub.L.: 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI oft that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 of the Rehabilitation Act of 1973 (Pub.) L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of thel Department ofHealth and Human Services (45C.F.R. Part 84), to the end that, assistant from the Department. 29 in accordance with Section 504 ofthat Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason ofh his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all: requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis ofage, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receives Federal financial assistance from the Department. for which the Applicant receives Federal financial assistance from thel Department. 49CFR SUBTITLE. A(10-1-03 EDITION) Compliance with Sections 103 and 107 ofthe Contract Work Hours and Safety Standards Act (40 U.S.C.3 327- Compliance with all applicable standards, orders or requirements issued under section 306 oft the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 46 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f) ofthe Surface Transportation Assistance. Acto of1982, section 106(c), ofthe Surface Transportation and Uniform Relocation Assistance Act of1 1987, and 490 CFR part 23 impose requirements for the participation of Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2), authorizes the use of A breach by Contractor or any subcontractor, vendor or supplier of any oft the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special 330) as supplemented by Department ofLabor regulations (29 CFR part 5). Environmental Protection Agency regulations (40 CFR part 15). 871). made goods. America provisions on the procurement of foreign products and materials. disadvantaged business enterprises. competitive negotiation for the purchase ofrolling stock as appropriate. or subcontractor. Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner's agents. Toi thei fullest extent permitted by law, Contractor shalli indemnify and hold harmless Owner, and Owner'sofficers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out oforr relating to the 30 Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuser resulting therefrom, but onlyt tot the extent caused by any negligent act or omission or reckless or intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. The parties agree that this limit on indemnification amount bears a reasonable commercial relationship to the contract. In any action construing the scope or nature oft this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. (1) Ifstate funds are utilized on this project, the Contractor shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used in this section, the term "substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make ar reasonable determination that the qualifications held by one person are better suited fort the position than the qualifications held by b. Ac contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractor's employment needs in the state's) job! bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforced ins such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preferençe or discrimination such aj provision. the other person or persons. among the citizens ofthe United States. Punch List. Ifthe contract isf for the provision of construction services, Owner shall provide for a single list ofi items required tor render the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor. and Owner agree that the project has achieved substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor) has achieved substantial completion. Owner shall provide thej punch list to Contractor not more The final contract completion date must be at least thirty days after the delivery of the punch list. Ifthe punch list ist not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request ori invoice or anyone that this agent designates in writing. A contractor's submission ofa payment request or invoice to the identified agent of Owner shall be stamped as received as provided in F.S. 218.74(1): and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request or invoice is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attorneys' Fees and Costs. In any, judicial or alternative dispute resolution technique action to interpret or enforce an estimated cost of than five days after the punch list is completed. extended by the number of days that Owner exceeded the delivery date. Payment for Purchases of Construction Services. necessary to make the payment request or invoice proper. 31 any oft the terms of this agreement, including any action by Owner to establish the right to indemnification, the parties agree that the prevailing partys shalll be entitled to an award ofa attorneys' fees and costs payable byt ther non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or post-judgment collections. 32 Attachment3 CITY OF SEBRING-and- -COOL. AND COBB ENGINEERING COMPANY Project 1 FIRE: STATION NO.1 15 PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing thel Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration: $63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible fori funding under this program must harden critical facilities that serve a public safety purpose for local communities. Critical Federal Register, Vol. 84, No. 169. facilities include: Potable water facilities Wastewater facilities Police departments Fire departments Hospitals Emergency operation centers Emergency shelters PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded $261,034.00 in CDBG-MIT (Community Development Block Grant - Mitigation) funding for mitigation efforts to harden Fire Station #15. The purpose of this project is to reduce the risk of damage to the building structure and to increase the resiliency oft the backup generator power supply system. The population of Fire Station #15's service area is 37.6% low to moderate income residents andi is considered under the Urgent Need National Objective. The mitigation activities consist of: replacement of two (2) existing doors and one (1) window with impact resistant windows and doors, including two (2) garage bay roll-up doors, meeting American Society ofCivil Engineering (ASCE) Standards 7- 22, ensuring a secure building envelope; installation of roof purlin stiffeners and additional wall girt bracing to adequately resist wind loads; andi installation of 42kWh propane generator with an automatic transfer switch. The project is estimated to begin October 1, 2021, and is expected to be completed within 48 months. There are no leveraged or matching funds included in this project. The team overseeing this project consists of the City Administrator, City Building Official, Assistant City Administrator, Fire Chief, and selected contractor(s). 33 ELIGIBLE' TASKS. AND DELIVERABLES: A. Deliverable No. 2 - Engineering Services 1. Complete the Design and Bid Drawings and submit to the City. approve draw requests and coordinate any change orders required. approve draw requests and coordinate any change orders required. 2. Assist the City with the construction contract, observe work completed, review draw requests, 3. Assist the City with the construction contract, observe work completed, review draw requests, 34 APPENDIX IITOI PART 200 CONTRACT: PROVISIONS FORI NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." For this non-construction federally assisted contract the Equal (D) Davis-Bacon Act, as amended (401 U.S.C.3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include aj provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). Ina accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must ber required toj pay wages notl less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department ofI Labor ine each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must also include aj provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented! by Department ofLabor regulations (29 CFRI Part 3, "Contractors and Subcontractorson Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include aj provision for compliance with 40 U.S.C.3 3702 and: 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis ofa standard work week of 40 hours. Work in excess oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halfti times the basic rate of pay for alll hours worked in excess of 401 hours in the work week. The requirements of 401 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open appropriate. Employment Opportunity Clause as outlined in 41 CFR Part 60 - 1.4(a) is included, herein. awarding agency. which he or she is otherwise entitled. market, or contracts for transportation or transmission ofintelligence. 35 (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR $ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," - the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain aj provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and thel Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of (H) Debarment and Suspension( (Executive Orders 12549: and 12689)-Ac contract award (see 2CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, ther requirements outlined in 24CFR570.609, pertaining tot the use ofo debarred, suspended ori ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR Part 5, apply to this program and are (I) Byrd Anti-Lobbying Amendment(31010.S.C.1352)- Contractors that apply or bidi fora an awardexceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will: not and has not used Federal appropriated funds toj pay any person or organization fori influencing or attempting toi influence an officer ore employee ofany agency, a member of Congress, officer or employee of Congress, or an employee ofar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with and any implementing regulations issued by the awarding agency. the Environmental Protection Agency (EPA). incorporated into this Agreement. obtaining any Federal award. (J) See $200.323. (K) See $ 200.216. (L) See $ 200.322. Such disclosures are forwarded from tier to tier up to the non-Federal award. $200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency ofa a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory! level of competition, where the purchase price of thei item exceeds $10,000 or the value ofthe quantity acquired during thej preceding fiscal year exceeded! $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited toi iron, aluminum, steel, cement, and other manufactured products). The requirements oft this section must bei includedi in all subawards including all contracts guidelines. $200.322 Domestic preferences for procurements. and purchase orders for work or products under this award. 36 (b) For purposes of this section: (1) "Produced in the United States" means, fori iron and steel products, that all manufacturing processes, from thei initial melting stage through the application ofcoatings, occurred int the United (2)"Manufactured products" meansi items and construction: materials composed in whole ori in part ofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such $200.2161 Prohibition on certain telecommunications and video surveillance services orequipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant fundsto: States. as concrete; glass, including optical fiber; and lumber. (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enteri into a contract (or extend or renew: a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua ()Teleommunications or video surveillance services provided by such entities or using suche equipment. (in) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with thel Director oft the National Intelligence or the Director oft the Federal (b) Ini implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers iss sustained. or2 ZTE Corporation (or any subsidiary or affiliate of such entities). Technology Company (or any subsidiary or affiliate of such entities). Bureau ofl Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government ofa covered foreign country. (c) Seel Public Law 115-232, section 889 for additional information. (d): See also $ 200.471. area firms. $200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b). Affirmative steps musti include: (1)Placing qualified small andi minority businesses and women'sb business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women'st business enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency oft thel Department ofCommerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; small and minority businesses, and women's business enterprises; and paragraphs (1)through (5) ofthis section. 37 Section 3 All Section 3 covered contracts and subcontracts must include the following clause: The work to be performed under this contract is subject tot the requirements of Section 3 oft thel Housing and Urban Development Act of 1968, as amended, 121 USC.170lu (Section 3). Thej purpose of Section 3ist to ensurei that employment: and other economic opportunities generated by! HUDassistance, orHUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD: assistance forl housing. II. The parties to this contract agree to comply with HUD'sre regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, ifany, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous plaçes at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship: and training positions, the qualifications for each; the name and location oft the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofthe regulationsi in 24CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation oft the V. The contractor will certify that any vacant employment positions, including training positions, that are (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 75 require employment opportunities to be directed, were VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian! housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b)agree to comply with Section: 31 tot the maximum extent feasible, but noti inc derogation of compliance regulations. regulations in 24 CFR part 75. filled not filled to circumvent the contractor's obligations under 24 CFR part 75. with section 7(b). 38 i. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) oft the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject tot the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to themaximum Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum: numeric goals: 1.1 Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted ii. Reporting. Ifthe subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature ofits activities and those its iii. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting extent feasible, but not in derogation of compliance with Section 7(b). .C.. b. Section 3 Benchmarks and] Reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. 39 CDBG-MIT/CDBG-DR ContractChecklst Procurement Summary Subrecipient Name Project Name Procurement Type Contract Type RFP Fixed] Price RFQ ITB(Construction) Reimbursement Time andMaterial Requirements for ALL Contracts Federal Funding Source and Authority Statement ofWork Schedule torCompletion Period ofPerformance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement of Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year RecordRetention Compliance withE-Verify Section 3Compliance Appendix II to 2CFR 200 Administrative, Contractual, or Legal Remedies for Non-Performance Compliance with Small, Minority, and Women's Affirmative Hiring Steps Prohibition on Certain Telecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 40 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause htps/www.ectr.gocurenuhtle2section-200.321 Domestic Recovered Telecommunications Preference Materials htpsy/www.ectr.gocurenuile2section-200.322 https/www.cr.govçurenvnile2e-2/section-200.323 tps/www.ectrgovcurenvile-2section-200.216 Federal Clauses Appendix II to Part200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts htpsy/www.eef.govlsovsumem/litle4lsvuhileBchanerOpmr-60-300subpate A/section-60-300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 41 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of] Homeland Security'sE E-Verify system can be found at: tpsy/wwweverfygow. In accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each partyto (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E- the contract registers with and uses the E-Verify system. Verify system to verify ai new mployee'semployment eligibility. 42 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: 1. Bidder must be registered with www.SAM.gov with as status of"Active' and have no Active Exclusions 2. 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 3. haver not withina at three-year period preceding this certification been convicted of or had a civilj judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing ai 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; 4. 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 5. have not within a three-year period preceding this certification had one or more federal, state, or local The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless cited. agency; certification; and government public transactions terminated for cause or default. authorized by St.J Johns County. Handwritten Signature of Authorized Principal(s): NAME (print): Jomes, Woeo Cob - - - SIGNATURE: TITLE: Precident NAME OFI FIRM: Coolond Coldo Engnearing Conpany DATE: 1-3-25 43 CONSULTANT SERVICES AGREEMENT (Project 2-Fire Station 14-CDBG-MIT: Project 10151) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, al Florida municipal corporation, (herein called "City")a and] BLOTI ENGINEERING, , INC., ak Kansas In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency ofwhich are. hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1- General Terms and Conditions, Attachment 2-1 Legal Provisions, and Attachment 3 - Description oft thel Project scope and fee, and alll Modifications issued subsequent hereto. The Contract Documents: form the' "Contract." The Contract: represents thee entirea andi integrateda agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including thej proposal documents. The Contract may be amended or modified only by al Modification. A "Modification"is: a written amendment tot the Contract signed by! bothj parties or a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant withi information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days ofa approval thereof. corporation authorized to do business in Florida, (herein called "Consultant"). 3. ScopeofWork. See Attachment 3. expenses, for satisfactory of the Scope of Work. 4. Compensation. Consultant shall be paid $157,435.00, which includes all fees, costs, charges, and 5. The term ofthis Agreement is twenty-eight (28) months, beginning. January7 2025 and ending 6. The Contract may be terminated as provided in Attachment 1, and int the event City does so, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the A. Use by City of the Work) Producti is at City'ssole risk and without liability orl legal exposure to Consultant May 7 agreement of the parties. 2027, unless sooner terminated: as provided int the Contract Documents or extended by following: or anyone working by or through Consultant, including design professionals. B. Consultant is] paid by City all monies due under Attachment 1. 7. All documents provided by Consultant to Citys shall bei in both hard copy andi in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF BLOT ENGINEERING, INC. CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL: SERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER. 1 fpnha INWITNESS WHEREOF, the parties hereto have hereunto set theirl hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Attest: By: Roland Bishop, Councill President Printed Name: Kathy Haley, City Clerk (corporate seal) BLOT ENGINEERING, INC., a Kansas corporatiggauthorizedt toQbusiness inl Florida Edward M. Blot, President Imb Printed 7.B6f KIpt By: Printed Name: (corporate: seal) 2 Enb ATTACHMENTI GENERALTERMS ANDCONDITIONS TO CONSULTANTSERVICESAGREEMENT BETWEEN CITYOF: SEBRING. AND BLOT: ENGINEERING, INC. DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement al Florida: municipal corporation (herein referred to as the CITY") and! BLOTI ENGINEFRING,INC,Ax Kansas corporation authorized to do business in Florida, (herein referred to as the CONSULTANT"). (herein referred to as the "Contract") dated ,2025, between the CITYOFS SEBRING, ARICIEI-PAYMENTS TOCONSULTANT TheCONSULTANT willl bill the CITY at the amounts set forthi int the Schedule ofPayments for services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion of services outlined in the Scope of Work developed for each authorization. ARTICLB2-REIMBURSABLES "Out-of-Pocket" expenses willl be reimbursed in accordance with the list of the types ofe expenditures eligible for reimbursement. All requests forj payment of"out-of-pocket". expenses eligible for reimbursement under thet terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance oft the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may ber reimbursable under the terms oft the Contract willl be paidi in accordance with thei rates and conditions set forth in Section 112.061, Florida Statutes. ARTICIB3-PAYMENTOFINVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that servicesl havel been rendered in conformity with the Contract orapplicable Consultant Services Agreement. Invoices must reference thec current purchase order number (ifany). Payment shall be madei in accordance with the Consultant Services. Agreement for specific projects. ARTICLB4-TRUTHEI-NEGOTATIONCERTIFICATE The signing of the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for ini the Contract and that Consultant Services. Authorization are accurate, complete and The said rates and costs shalll be adjusted to exclude any significant sums should the CITY determine that thei rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as oft the date oft the Contract and that Consultant Services Authorization. within one year following final payment. 3 Emb ARTICLES-TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event ofs substantial failure by the CITY to perform in accordance with thet terms oft the Contract through no fault ofthe CONSULTANT. Itmay also be terminated byt the CITY with or without cause upon: 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid fors services rendered to the CITY through the date oftermination. After receipt ofa' Termination: Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date andt tot the extent specified. B. Terminate and settle all orders and subcontracts relating to thej performance of C. Transfer all worki inj process, completed work, and other material related to the D. Continue and complete all parts of the work that have notl been terminated. terminated work. terminated work tot the CITY. ARTICIEG-PERSONNEL relationship with the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual All oft the services required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions in the CONSULTANT'sI key personnel asi may bel listed herein must bei madel known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law to perform such services. become effective. ARTICLE7-KEYI PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required toj perform the services neçessary under the Contract: Contact Person for the Consultant Edward M. Blot Blot Engineering, Inc. 2804: S. Del Prado Blvd., Suite 101 Cape Coral, FL 33904 City Administrator City of Sebring 368 South Commerce. Avenue Sebring, FL 33870 Contact Person for CITY ARTCEE-SURCONTACTRO For any specific project, the CONSULTANTreserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor andt toi inspect all facilities ofanys subcontractors: in orderto make: a determination: as tot the capability oft the subcontractor toj perform properly underi the Contract. The CONSULTANTiS encouragedt to seek minority 4 Emb and women business enterprises forj participation ins subcontracting opportunities. Ifas subcontractor fails to perform or make progress, as required by the Contract, andi iti is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. ARTICIE9-FEDERALANDSTATETAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted! by the CONSULTANT. The CONSULTANT shall notl be exempted from paying sales tax toi its suppliers for materials toi fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY's7 Tax Exemption Number in obtaining such materials. The CONSULTANT shall ber responsible: for payment of its own taxes. ARTICLE1 10-A AVAILABILITY OF FUNDS The obligations oft the CITY under the Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council ofthe CITY OF SEBRING. ARICIEII-INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. All insurance policies shall bei issued by companies authorized or approved to do business under thel laws ofthe State of Florida. The CONSULTANT shall furnish Certificates ofI Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance withi minimum! limits of$1,000,0001 per occurrence and $2,000,000 annual aggregate. Ifa claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages whichi may arise from any operations under the Contract whether such operations bel by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodilyi injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the CONSULTANT or by anyone directly ori indirectly employed by the CONSULTANT. required under this paragraph and that insurance! has been approved by the CITY. CONSULTANTof: its liability and obligations under the Contract. claims made coverage. 5 Emb F. The CONSULTANT shall maintain, during the life ofthe Contract, adequate Workman's Compensation Insurance and Employer'sLiabilityl Insurance in at least such amounts as are required by law for all ofits G. All insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant to the Contract. CONSULTANT shall specifically include the CITY as an' "Additional Insured". ARTICLEI2-STANDARDOFCARE Inj providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with that degree ofo care and skill ordinarily exercised by members ofthes same profession currently practicing under similar circumstances at the same time andi ini the same or similar locality. ARTICLBI3-INDEMNIFICATION Subject tol limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's liability fori indemnification shall bel limited to $2,000,000.00. ARTICLE14-SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Contract and to thej partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in the Contract without the written consent of the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part ofa any officer or agent oft the CITY which may be a partyl hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTCLRIS-REMEDES The Contract shall be governed by thel laws of the State of] Florida. Any and all legal action necessary to enforce the Contract will bel held in Highlands County, Florida, and the Contract will bei interpreted according to the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall bei in addition to every other remedy given hereunder or1 now or hereafter existing atl law or bys statute or otherwise. No single or partial exercisel by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARICIEIG-CONFLICTOE INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflicti in any manner with the performance ofservices required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further The CONSULTANT shall promptlyr notify the CITYi in writing ofpotential conflicts ofi interest for any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shalli identifylheprospective business association, interest or circumstance, represents that no person having any interest shall be employed for said performance. 6 Emk the nature ofv work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion oft the CITY, constitute a conflict ofi interest ife entered intol by the CONSULTANT. The CITY agrees to notify the CONSULTANT ofits opinion by certified mail within 30 days ofreceipt of notification by the CONSULTANT. If, in the opinion oft the CITY, thej prospective business association, interest or circumstance would not constitute a conflict ofinterest by the CONSULTANT, the CITY shall so state in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided tot the CITY by the CONSULTANT under the terms ofthe Contract. ARTICIEI7-EXCUSABIEDELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are not limited to: acts of God, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT'S failure toj perform was duet to causesi reasonably beyond the CONSULTANT'S control and without its fault or negligence, the Contract Schedule and/or other affected provision of the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at CONSULTANT shall be responsible for the timely completion of subcontractor's work. any time. ARTICIEIB-ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form ofi indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE19-DISCLOSURE/ ANDOWNERSHIP OFI DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files of all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information not int the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly ori indirectly, without the CITY's! prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT isj paid fori its Work, all drawings, maps, sketches, and other data developed, orp purchased, under the Contract ora at the CITY's expense shall be andi remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in If, however, the CITY uses for any other purpose the CONSULTANT's: documents, drawings, ands specifications, orr reuses them without written verification or adaptation by the CONSULTANT for thes specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the Drawings. its property and may be reproduced and reused at the direction of the CITY. derogation ofa any right therein reserved by the CONSULTANT. 7 Evfo CONSULTANT's independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographsofthes exterior andi interior, among the CONSULTANTSPomto andj professional material. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT of the specifici information considered to be confidential or proprietary. CONSULTANT. ARTICLE20-INDEPENDENTCONSULTANTRELATIONSHIP The CONSULTANT is, and shall be, in thej performance of all work, services, and activities under the Contract ani independent contractor, and not an employee, agent, or servant ofthe CITY. Allj persons engagedi in any ofthe work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship ofi its employees to the CITY shall be that of an independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents of the CITY. representation other than specifically: provided fori ini the Contract or amendment thereto. ARTICLE21-CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than al bona fide employee working solely fort the CONSULTANT, to solicit or secure the Contract and thati it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than al bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft the Contract. ARTICIE22-ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for at least three (3) years after completion oft the Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose ofi inspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICIB23-NONDISCRIMINATION The CONSULTANT represents, to thel best ofi its knowledge, that all ofi its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARICIEZH-COMFLANCTE WTHDAVIS-BACON ACTI REQUIREMENTS The CONSULTANThereby. agrees, where required on! Federal Grant assisted projects, to comply with applicable portions of thel Davis-Bacon andi related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges thej possible necessity for amending the Contract in order to comply with] Federal guidelines applicable to Grant Assisted projects which may be undertaken! by the CITY. 8 Emb ARICEE23-SURVIVAL All covenants, agreements and representations made herein, or otherwise madei in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTCIE2-ENIRETOR CONTRACTUALAGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there arei no promises or understandings other than those stated herein. None ofthe provisions, terms and conditions contained: int the Contract may be added to, modified, supersededoro otherwise. altered, except by written instrument executed by thej parties hereto. ASTCET-INPOACPMERNTE COSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment ofar right toi indemnification, thej prevailingi party shall be entitled to recover from the losing party all reasonable attorney'st fees, paralegal fees, court and other costs, even ifnot taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in postj judgment collections. ARTICLE28-/ AUTIORIYTOFRACICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration of the Contract a current certificate of registration required under Florida Statutes. ARTICLB29-SEVERABILITY If any term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, bel heldi invalid or unenforceable, the remainderofthet Contract, ort the application ofsuch term or provision, toj persons or circumstances other than those as to which iti is1 held invalid or unenforceable, shall not be affected, and every other term and provision oft the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE30- AMENDMENTS ANDMODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each of the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT ofthe CITY's notification ofac contemplated change, the CONSULTANT shall, ifr requested by CITY: (1) provide an estimate fort the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITYin writing ifthe contemplated changes shall effect the CONSULTANT's: ability to meet the completion dates Ift the CITY so instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the CONSULTANT: shall not commence work on any such change until such written amendment or change orderl has parties. or schedules of the Contract. by a contemplated change, pending the CITY's decision to proceed with the change. been issued and signed by each oft thej parties. 9 Emb ARICIB3I-CTYSRESPONSIBIITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the A. Provide full information regarding requirements for the projects and tasks, including aj program which shall set forth the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requrements. B. Designate ai representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and I Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes of service and fulfilling D. Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within ai reasonable time sO Contract, the CITY shall: sequential progress of the CONSULTANT's: services. project or task objectives. Contract. as not to delay the services oft the CONSULTANT. F. Bear all costsi incident to compliance with thei requirements oft this Article. ARTICIE32-NOTICE shall be mailed to: All notices required int the Contract shall be sent certified mail, return receipt requested, and ifs sent tot the CITY City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 andi ifs sent tot the CONSULTANT shall bei mailed to: Edward! M.] Blot, President Blot] Engineering, Inc. 2804: S.1 Dell Pradol Blvd., Suite 101 Cape Coral, FL33904 ARTICLE33-PUBLICENITYCRIMES Aj person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit al bid, proposal, or reply on a contract toj provide any goods or services to aj public entity; may not submit ab bid,] proposal, or1 reply on ac contract with aj public entity for thec construction or repair ofapublic 10 Evb building or public work; may not submit bids, proposals, or replies on leases of real property to aj public entity; may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant underac contract with any public entity; and may not transact business with any public entity in excess oft the threshold amount provided in S. 287.017, Florida Statutes for CATEGORY TWO: for a period of 36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies thati iti isi nots subject to denial ori revocation ofther right tot transact business with publice entities pursuant tos s. 287.133, Florida Statutes. CONSULTANTadaowase that Cityi isad drug-free work place. CONSULTANTCovemans that all employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute ARICIEX-DRUGEREE WORKPLACE 287.087. ARTICLE35- SCRUTINIZED COMPANIES By signing the Contract, CONSULTANT certifies that iti is not ineligible, pursuant tol Florida Statute 287.135, to bid on, submit aj proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option fCONSULTANT: is found tol have submitted a false certification pursuant to section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan List ort the Scrutinized Companies with. Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may alsot terminate the Contract ati its optioni FCONSULTANTis: found tol havel been] placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of] Israel. ARTICLE36- -LAWS ANDI REGULATIONS the' Work and the protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of ARTICIE37-RESPONSIBILITYFOR THOSEI PERFORMING THE WORK CONSULTANT shall be responsible to City for the acts and omissions of all its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTCIB3S-PROVBIONS REQUIREDI BYLAW) DEEMEDI INSERTED Each and every provision ofl law and clause required by law tol bei inserted in this document shall be deemed tol be inserted herein and the contract shall bei read and enforced as though it were included, andi if, through mistake or otherwise, any such provision is noti inserted, ori is not correctly inserted, then upon application of either party, the contract shall: forthwith bej physically amended toi make suchi insertion or correction. ARTICLE39-SAFETY ANDHEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having. jurisdiction for the safety of persons or property or toj protect them from damage, applicable to this Project. injury orl loss. 11 Emb ARTICIE4P-DEFAUIT Subject to the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for thei interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, inl bankruptcy or inj post judgment collections. ARTICLE41 - PUBLICI RECORDS CONSULTANT is required tol keep and maintain public records that ordinarily and necessarily would ber required by the City in order toj perform the service sought herein. CONSULTANT: is required toj provide the public with access toj public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arei not disclosed except as authorized by law andi must meet all requirements: for retaining public records and transfer, at no cost, to the City all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City ina format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC! RECORDS AT 863-471-5100, atyalyemyxbrimgcon or 368 SOUTH COMMERCE AVENUE, SEBRING, FL33870. ARTICIE42-PUBLICI ENTITYCRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may nots submit al bid, proposal, or reply on a contract toj provide any goods or services to aj public entity; may not submit al bid, proposal, or reply on a contract with a public entity for the construction or repair ofaj public building or public work; may not submit bids, proposals, or replies on leases ofr real property to a public entity; may notl be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; andi may not transact business with any public entity in excess of the threshold amount providedi ins s. 287.017 for CATEGORY TWO for aj period of3 361 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with thep provisions ofFlorida Statute 287.133, and further certifies thati neitheri it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Enb Attachment 2 LEGALPROVISIONS Miscellaneous Liçensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required byl law in order for Contractor toi render its services hereunder. Contractor shall require all ofi its subcontractors to comply with thej provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use thel E-Verify system to verify the work authorization status ofa all newly hired employees. A public employer, contractor, or subcontractor may not enteri into a contract unless eachj party to the contract: registers with and uses (b) 1. Ifacontractor enters into a contract with as subcontractor, the subcontractor. must] provide the contractor with an affidavit stating that thes subcontractor does note employ,c contract with, ors subcontract with an unauthorized (c) 1.Apublice employer, contractor, or subcontractor whol has a good faith belief that aj person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with thej person or entity. 2. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and 3. A contract terminated under subparagraph 1. or subparagraph 2. is not al breach of contract and (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge ai termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifap public employer terminates a contract with a contractor under paragraph (c), the contractor may not beawarded aj public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by aj public employer as a result oft thet termination thel E-Verify system. alien. 2. The contractor shall maintain a copy of such affidavit fort the duration oft the contract. order the contractor to immediately terminate the contract with the subcontractor. may not be considered as such. was terminated. ofa contract. Legal) Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent ofOwner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that itl has not paid or agreed topay any person, company, corporation, individual or firm, other than al bona fide employee working solely for Design/Builder (collectively "Contractor"): 13 Emp Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract, and thati it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each ofi its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its CIVIL RIGHTSA ACTOFIP6ATILEVI-CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest 1.1 Compliance with) Regulations. The contractor shall comply with thel Regulations relative toi nondiscrimination in federally assisted programs ofthel Department ofTransportation' (hereinafter, "DOT")Title 49,Codec ofFederal Regulations, Part2 21, as they may be amended from time to time (hereinafter referred to ast thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention ofs subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly ori indirectly in the discrimination prohibited by section 21.5oft thel Regulations, including employment practices 1.3 Solicitations for Subcontracts, Including Procurements of] Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.4] Information and] Reports. The contractor shall provide all information and reports required by thel Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required ofa contractor is in the exclusive possession ofanother who fails or refuses to furnish thisi information, the contractor shall sO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event oft the contractor's noncompliance with the nondiscrimination provisions oft this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, a. Withholding ofpayments tot the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5i in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, services to be performed hereunder. subcontractors to comply with thej provisions ofthis paragraph. (hereinafter referred to as the' "contractor") agrees as follows: are. herein incorporated by reference and made aj part oft this contract. when the contract covers a program set forth in. Appendix B oft the Regulations. nondiscrimination on the grounds of race, color, or national origin. as appropriate, and shall set forth what effortsi it has made to obtain thei information. including, but not limited to: b.C Cancellation, termination, or suspension oft the contract, in whole ori inj part. 14 Emb litigation with a subcontractor or supplier as a result ofs such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1)in the furnishing of services to Owner hereunder, noj person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied thel benefits of, or otherwisel be subjected to discrimination, and (2) Contractor: shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,1 Nondiscrimination in Federally-assisted programs oft thel Department ofTransportation- - effectuation of Title VI and Title VII of the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or shei is authorized toj provide, undertake fors such person the obligations contained int this section. Contractor shall: furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insure that no] person shall on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures thati it will require that its covered subcontractors; provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing ofs services to the Owner, and Contractor agrees that it will adopt any such requirements as a part Non-Discrimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. Noj person on the grounds ofrace, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use ofs said façilities; 2. Thati in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national original shall be excluded fromj participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall use thel Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Tamporation-ifiectuation ofTitle VI oft the Civil Rights Act of1964 and Title VIII of the Civil Rights That in the event ofa al breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR United States to enteri into such litigation to protect thei interests ofthe United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. ofthis Contract. hereof, does hereby covenant and agree that: Acto of1968, and as said] Regulations may be amended. 15 fmb Chapter 60, which is paid fori in whole ori in part with funds obtained from the Federal Government or borrowed on the credit oft thel Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance ofthis contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not bel limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees toj post in conspicuous plaçes, available to employees and applicants fore employment, notices tol be provided setting forth the provisions (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, (3) 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, ar notice to bej provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies oft the noticei in (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of (5) The contractor will furnish alli information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access tol his books, records, and accounts by the: administering agency and the Secretary ofLabor forj purposes of (6) In the event oft the contractor's: noncompliance with thei nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contractsi ina accordance with procedures authorized inl Executive Order 11246ofs September24,1 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary ofLabor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as ai means ofe enforcing such provisions, including sanctions for noncompliance: Provided, however, thati int thee event ac contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction byt thea administering agency the contractor may request thel United Statest toe enteri into suchl litigation oft this nondiscrimination clause. color, religion, sex, or national origin. conspicuous plaçes available to employees and applicants for employment. the rules, regulations, and relevant orders oft the Secretary ofLabor. investigation to ascertain compliance with such rules, regulations, and orders. toj protect thei interests oft the United States. 16 Emb EBOCOMPLIANCE (a)Requirementsi forj prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or beforet the September 30, complete and accurate: reports on Standard] Form otEo.Dpmeyyw, the Office ofFederal Contract Compliance Programs, thel Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter bey promulgated: ini its] placei ifsuch prime contractor or subcontractor (i)i isi not exempt from thej provisions oft these regulations in accordance with Sec. 60-1.5; (i) has 50 or more employees; (in) is aj prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository ofGoverment: funds in any amount, ori is ai financial institution which is ani issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shal! be required to file such a report ifi it meets requirements of (2)E Each person required by Sec. 60-1.7(a)(1)to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him ofa contract or subcontract, unless such person has submitted such a report within 12 months preceding the date oft the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failure to filet timely, complete and accurate: reports asi required constitutes noncompliance with thej prime paragraphs (a)(1)(),(ii), and (iv) oft this section. require. Thel Deputy Assistant Secretary may extend thet time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance withl Part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant tol Part 60-2 ofthis chapter, (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (in)whetheri it has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as thel Deputy Assistant Secretary requests prior to the award oft the contract ors subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shalll be required, prior to award, or after the award, or both, to furnish such other information: as STANDARD BEDERALI BQUALEMPLOYMENTOPPORTUNITYA CONSTRUCTION CONTRACT reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. SPECIFIÇATIONS - 41CFR Part 60.4.3 1.4 Ast used in these specifications: a.' "Covered area" means the geographical area described int thes solicitation from which this contract resulted; b."Director" means) Director, Office ofFederal Contract Compliance Programs (OFCCP), U.S. Department c. "Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom the Director delegates authority; Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 17 Gnb d"Minority'includes: origin); (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any oft the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts aj portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department ofLabor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall bei in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under thel EBO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performancel by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's: failure to take good faith efforts to 4. The contractor shall: implement the specific affirmative action standards provided within these specifications. The goals set forth int thes solicitation from which this contract resulted are expressed as] percentages oft thet total hours of employment and training of minority and female utilization the contractor should: reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction worki ina a geographical area where they do not have a. Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in thel Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance! Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. Ino order fort thei non-working training hours ofa apprentices and trainees to be counted: ini meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall havei made ac commitment to employ the apprentices and trainees at the completion of their training, subject to thes availability ofe employment opportunities. Trainees shall be trained pursuant to training programs approved Spanish culture or origin regardless ofrace); East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and community identification). which is set forthi int the solicitations from which this contract: resulted. achieve the Plan goals and timetables. in meeting its goals ine each craft during the period specified. pursuant thereto. 18 SN by the U.S. Department ofLabor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation oft the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shalli implement affirmative: action a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are: assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation toi maintain such a working environment, with specific attention toi minority or female individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor ori its unions have employment opportunities: available, andi maintain: a1 record ofthe organizations' responses. C. Maintain a current file of the names, addresses, and telephone numbers of eachi minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each suchi individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, ifreferred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Providei immediate written notification tot thel Director when the union or unions with whichi the contraçtor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's EEO policy by providing notice ofthej policyt to unions andi training programs andi requesting their cooperation in assisting the contractor ini meeting its EEO obligations; by including iti in anypolicy manual and collectivel bargaining agreement; by publicizingi iti ini the company newspaper, annual report, etc.; bys specific review oft thej policy with alli management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review oft these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to thei initiation of construction work at anyj job site.. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally byi including it in any advertising in the news media, sperificallyincluding: minority and femalei news media, and providing written notification to and discussing steps at least as extensive ast the following: working at such sites or in such facilities. whatever additional actions the contractor may have taken. contractor's efforts to meet its obligations. under 7b above. employees at each location where construction work is performed. subject matter discussed, and disposition oft the subject matter. 19 fab the contractor's. EEO policy with other contractors and subcontractors with whom the contractor does or Direct its recruitment efforts, both oral and written, toi minority, female, and community organizations, to schools with minority and female students; andt to minority andi femalei recruitment and1 training organizations serving the contractor's recruitment area and employment needs. Not later than one: month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment toi minority and: female youthl both k. Validate all tests and other selection requirements where therei is an obligation to do sO under 41 CFRI Part 1. Conduct, at least annually, an inventory and evaluation at] least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m. Ensuret that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that thel EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall bej provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations toi minority and female contractor p. Conduct ai review, atl least annually, ofall supervisor's adherence to and performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations. The efforts ofa a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is ai member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has aj positive impact on the employment ofminorities and women in thei industry, ensures that the concrete benefits oft thej program are reflected in the contractor's: minority and female workforce participation, makes a good faith effort to meeti itsi individual goals and timetables, and canj provide access to documentation which demonstrates the effectiveness ofa actions taken on behalfo of the contractor. The obligation to comply, however, is the contractor's and failure ofs such a group 9. As single goal for minorities and a separate single goal for women have been established. The contractor, however, is required toj provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, bothi minority and non- minority. Consequently,1 ifthe particular group: is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may bei in violation ofthel Executive Order ifas specific: minority anticipates doing business. screening procedures, and tests to be usedi in the selection process. on thes site andi in other areas ofa contractor's workforce. 60-3. training, etc., such opportunities. associations and other business associations. EEO policies and affirmative action obligations. to fulfill an obligation shall not be a defense for the contractor's noncompliance. 20 EmB group ofwomeni is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order11246, as amended, andi itsi implementing regulations, byt the Office ofFederal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall bei in violation of these specifications and! Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed inj paragraph 18.7 ofthese specifications, soas to achieve: maximum results fromi its efforts to ensure equal employment opportunity. Ifti the contractor fails to complywihtergpimmen: ofthel ExecutiveOrder, thei implementingregulations, orthesespeciications, the 14. The contractor shall designate a responsible official toi monitor all employment related activity to ensure that the company. EBO policy is being carried out, to submit reports relating to the provisions hereof as may bei required by the Government, and tol keep records. Records shall atl least include for each employee, the name, address, telephone number, construction trade, union affiliation ifany, employeei identification: number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, orl laborer), dates of changes in status, hours worked per weeki in the indicated trade, rate of! pay, and locations at which the work was) performed. Records shall be maintained: in ane easily understandable. andi retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor. shall retain such records forap period ofsix years following the completion and closeout oft thej project. Records shalll be made availablet to thej public per Chapter119Florida Statutes; and shall bei made available to the Owner, theU.S.1 Department ofl Housing and Urban Development (HUD), thel Florida Department of Commerce, thel Florida. Auditor General, and Comptroller General of the 15. Nothing herein provided shall be construed as al limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for thel hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development any person because ofrace, color, religion, sex, or national origin. contracts pursuant to Executive Order 11246. Director shall proceed in accordance with 41 CFR 60-4.8. United States. Block Grant Program). CERTIFICATIONOENOFNONSEGREGATEDFACILETES-4ICERPART60-18 Notice tol Prospective. Federally Assisted Construction Contractors: 1.ACertification ofNon-segregated Facilities shall be submitted prior to the award ofa federally-a assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of thel Equal Opportunity Clause will be required to provide fort the forwarding of the following notice toj prospective subcontractors for supplies and construction contracts where thes subcontracts exceed $10,000 and arei not exempt from the provisions of thel Equal Opportunity Clause. NOTE: Thej penalty Clause. for making false statements in offersi is prescribed in 181 U.S.C. 1001. 21 fb Noticet tol Prospective Subcontractors ofRequirements for stisiomohonseurs. Facilities: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from thej provisions ofthel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions oft the Equal Opportunity Clause will be required to provide for the forwarding of this notice toj prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions ofthel Equal Opportunity Clause. NOTE: Thej penalty for making false statements in offers is prescribedi in 18U.S.C. 1001. CERTIFICATION OF NONSEGREGATED' FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofl his establishments and that she orl he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any ofl his establishments and that she orl he will not permit his employees toj perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach oft this certification is a violation of thel Equal Opportunity Clause in As used int this certification, thet term' "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin because ofhabit, local custom, or any other reason. The federally-assisted. construction contractor agrees that (except where she orl hel has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she orl he will retain such certifications: in his files. NOTICEOFF REQUIREMENTFOR, AFFIRMATIVE ACTION-41 CFRPART60-2 The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYINGANDINDINFLUENCING: FEDEALEMPLOYEES 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting toi influence an officer or employee ofa any agency, al Member ofCongress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the making of any Federal 2. Ifa any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting toi influence an officer or employee of any agency, al Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records: Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to grant and the amendment or modification ofa any Federal grant. itsi instructions. 22 orb ascertain whether therel has! been compliance with said] Regulations and directives. Where anyinformationt required ofContractori isi int the exclusive possession ofanother who fails ori refused toi furnish thisi information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofsix (6) years after the termination oft the Contract. Records shall bei made availablet tot the public per Chapter 119Florida Statutes; and shall bei made available tot the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General ofthel United States. Int the event ofbreach ofany ofthe above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine tol be appropriate, including with- holding payments to Contractor under this Contract or canceling, terminating, or suspending this Contracti in whole or inj part. Thei rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. CONTRACTWORKIOURS ANDSAFED/STANDABDS ACT REQUREMENTS 29CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require ori involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth inj paragraph (1)a above, the contractor and any subcontractor: responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employedi in violation ofthe clause set forth inj paragraph 1 above, in the sum of$101 for each calendar day on which suchi individual wasi required or permitted to work in excess oft the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized representative oft thel Department ofLabor withhold or cause tol 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 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as providedi in the clause set forth inj paragraph 2 above. subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. ACCESS TORECORDS AND REPORTS The Owner, as well as they public pursuant tol Florida Statutes Chapter 119, shall have access to anyl books, documents, paper, and records including payroll records and associated basic data oft the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and transcriptions. 23 Emb The Contractor shall maintain an acceptable cost accounting system. The Contractor. agrees top provide the Owner, thel U.S.Department ofHousing and Urban Development (HUD), thel Florida Department ofCommerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records oft the contractor which are directly pertinent to the specific contract fort thej purpose ofmaking audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records andi reports required undert this contract for aj period oft not less than six years after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is thej policy oft the Owner and the United States or State of Florida Department ofTransportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofservices contracts awarded byt the Owner, including, but notl limitedt to, contracts financedi in whole ori in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex: ini thej performance of this contract. The contractor shall carry out applicable requirements of49CFRI Part 26i int the award and administration ofDOT assisted contracts. Failure by the contractor to carry out these requirements is ai material breach ofthis contract, which may result in the termination of this contract or Prompt Payment. Thej prime contractor. agrees toj pay each subcontractor under this prime contract for satisfactory performance ofits contract no later than fourteen (14) days from thei receipt ofe each payment, including retainage, that the prime contractor receives from City ofSebring. Payments not madet to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten perçent (10%) per annum, computed beginning on the 14th day after payment is due.. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval oft the City of Sebring. Ther right to receive interest on aj payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms ofa contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBEObligation. The Contractor agrees to ensure that DBE/MWBE firms shalll have the maximum opportunity to participate ini thej performance of contracts for subcontractor services, including, but not limited to, those projects finançedi in whole ori inj part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation: Policies to ensure that] DBE/MWBE firmsl have ther maximum opportunity to compete forandperform contracts. The Contractor: and any subcontractors shall not discriminate ont thel basis ofrace, color, national origin, Participation: Policy apply to this Contract. such other remedy, as the recipient deems appropriate. clause applies tol both DBE and non-DBE subcontractors. or sex in the award and performance of Owner contracts. DBE Administration. 1. EligibilityofDBEs: Those firms currently certified asl DBE's! byt the Floridal Department ofTransportation are eligible toj participate as DBE's on this contract. Al list of these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject tot the owner's acceptance. A1 bidder may request ai review ofaj potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certification of the potential DBE. Previous acceptance ofal DBE1 by the State or Owner does not ensure 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will acceptance on this project. 24 EMb be computed on the basis oft the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE: Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE's that perform a commercially useful function in the work oft the contract.. A DBE performs a commercially useful function when it is responsible for execution ofa distinct element ofwork by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluatel.Ifconsistent withi industryp practices,aDBE shall enter into a subcontract or other contractual written agreement. Al DBE Contractor may subcontract: aj portion oft the work upt to the amount allowed under standard subcontracting contract provisions ofnormali industry practices. A DBEi is presumed not tol bej performingac commercially b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for thej provision of the materials and (1) The entire expenditure to al DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent ofexpenditures to al DBEI regular dealer willl be counted towardi thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution (3) Nocredit willl be givent towardt thel DBE goal, ifthep prime contractor makes a direct payment toar non-DBE: material supplier. However, it willl be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward thel DBE goal, will be given for the cost of materials or equipment used inal DBE: firm's work when those costs arel paid by a deduction from thej prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck d. Joint Venture: When a joint venture contracti isi involved, the Owner shall count towards thel DBE goal thatj portion ofthec contract total dollar value equal to thej percentage of ownership and control ofe each DBE: firm within thej joint venture. Such crediting is subject to the owner's acceptance of thej joint venture agreement. The Bidder must furnish thej joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: useful function ift the DBEi is performing outside these guidelines. supplies: equipment. making remittance tot the DBE firm and material supplier jointly. payment(s) to thel DBE firm. number; and a complete record of the contract fees paid tot them. following: 25 Emb (1) Contract responsibility ofthel DBE: fors specific contract: items of work, (2) Capital participation by thel DBE, (3) Specific equipment tol bej provided by thel DBE, (4) Specific responsibilities oft thel DBE regarding control oft thej joint venture, (5) Specific workers and skills tol be provided byt thel DBE, and (6) Percentage distribution to thel DBE oft thej projected profit or loss incurred byt thej joint venture. Thej joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal theiri intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render al bid non responsive. a. DBEI Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder thel bid willl be ruled non responsive. and (1) The names, addresses, contact persons, phone numbers, and category ofDBE firms to (2) Al list of the bid items of work to be performed by thel DBE and thej percent tol be (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with thel bid. The Owner may request additionall DBEi information andi may allow thel bidders, up to7calendar days after bid submittal to supplement or resubmit information concerning their proposedDBE; participation. Priori to awarding the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is Good] Faith Efforts: Ift thel bidderi is unablet toi meet thel DBE goal, thel bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill thesel bid requirements. Good faith efforts may include (1) Efforts to select portions oft the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions (2) Written notification to individual DBE's likely toj participate in the contract sent at least 70 calendar days prior to the bid opening. The notification shall list specific items or types of work ands shalll be sent to ai reasonable: number of DBE's qualified to participate in the contract. (3) Efforts toi negotiate withl DBE's for specific items of work including: will notl be considered. Thei information furnished shall consist of: be used on the contract; credited toward thel DBE goal; (3) The dollar value ofeach oft thel DBE worki items; and demonstration oft the good faith efforts taken to meet the DBE goal. accurate and complete. but are not limited to: ofwork shall be at least equal to thel DBE goal. (a) Names, addresses, and telephone numbers ofDBE's who were contacted, the dates ofinitial contact andi information oni further contacts made to determine with certainty 26 fnb ifthel DBE's werei interested. Personal or! phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions oft the work tol bej performed; (c) Individual statements ast to why agreements with DBE's were not reached; and (d) Information on eachl DBE contacted but rejected and the reasons fort the rejection. (4) Efforts to assist thel DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. 5) Documentation that qualified] DBE's are not available or noti interested. Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's toj participate in the project. The following actions would not be considered acceptable reasons for failure toi meet thel DBE goal and would not constitute (1) Thel DBE was unablet toj provide adequate performance: and/or payment bonds. (3) Thel DBE would not agree to perform the subcontract work at thej prime contractors unit (5) Thej prime contractor would normally perform all or most of the worki included in this placement ofDBE's. agood faith effort: (2) Areasonable! DBEI bid was rejected based on price. (4) Union versus non-union status ofthel DBE: firm. bid price. contract. (6) Thep prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life oft the contract. In such a case, the contractor shall continue good faith efforts throughout thel life of IfaDBEi is unwilling or unablet toj perform the work: specified, the contractor shall request from the Owner, relief from the obligation to use that DBE. Efforts willl be madel byt the contractor to acquire from thel DBE al letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. Ift this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified) DBE toj perform an equal dollar value of allowable credit. Ifar new DBE cannot be found, the contractor shall submit evidence ofg good faith efforts within 15 calendar days oft the request for relief. The contractor shall submit thei new. DBE's1 name, address, work items and the dollar amount ofe eachi item. If the contractor fails to conform to the approved DBE participation or ifi it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting thel DBE participation. Ift the owner is not satisfied with the evidence, then liquidated the contract toi increase thel DBE participation to meet the contract goal. The owner shall approve the new DBEI before thel DBE starts work. 27 fak damages may be assessed fort the differencel between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value ofs such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of] DBE's should be C. Final DBE Certification: Upon completion of thei individual DBE firm's work, thej prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid thel DBE firm. This certification shall be signed! by both thej prime contractor and thel DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained int thes state energy conservation plani issued: in compliance Rights To Inventions. All rights to inventions and materials generated under this contract are subject to Contract Time. If the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other contractors or to require Contractor to hire sufficient skilled workers for Contractor to recover lost time and complete thel Project on1 time.. Any additional costs associated with this willl bel bome by original Contractor. Owner has the right to refuse a subcontractor for good faith concern about thes subcontractor's competence, Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other The Owner reserves the right to refuse to accept Work for thel Project where a special warranty, certification, or similar commitment, isi required on such' Work orj part ofthe Work, until evidencei is] presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department ofl Management Services determines that those products ori materials are available. DBE obligations. The records shall include but are not limited to: documented. with thel Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner oft thel Federal grant under whichi this contracti is executed. solvency or fitness to perform timely. duties, obligations, rights, or remedies. to countersign such commitments have done so." CERTIFICATIONREGARDINGDEBARMENT.SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation int this transaction by any Federal department or agency. It further agrees by submitting this 28 cwb proposal thati it willi include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, ands subcontracts. Where the Contractor ora any lowert tier participanti is unablet to certifytot thiss statement, its shall attach an explanation to this solicitation/proposal. CLEANAIR. AND' WATER POLLUTIONC CONTROL Contractors and subcontractors agree: 1. That any facility tol be used int thej performance of the contract or subcontract or tol benefit from the contract is not listed on thel Environmental Protection Agency (EPA) List ofViolating Facilities; 2. Toc comply with all the requirements of Section 114ofthe Clean Air Act, as amended, 42 U.S.C.1 1857 ets seq. and Section 308 ofthel Federal Water) Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award oft this contract, the contractor or subcontractor will notify the awarding official oft the receipt ofa any communication: from thel EPA: indicating that ai facility tol bet used fort thep performance ofort benefit from the contract is under consideration tol bel listed on thel EPAI List of Violating Facilities; 4. Toi include or cause to bei included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria and requirements. ASSURANCEOFCOMPLIANCE The Contractor hereby agrees thati it will comply with: Title VIofthe Civill Rights Act of1964 (Pub.L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI ofthat Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 of the Rehabilitation Act of1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to thel Regulation of thel Department of] Health and Human Services (45 C.F.R. Part 84), to the end that, ina accordance with Section 504 of that Act andi thel Regulation, no otherwise qualified individual with a disability int the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant The Age Discrimination Act of1 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the. Act and the Regulation, no person in the United States shall, on the basis ofa age, be denied thel benefits of, be excluded from participationi in, or be subjected to discrimination under any program or activity assistant from thel Department. receives Federal financial assistance from thel Department. for which the Applicant receives Federal financial assistance: from the Department. CKSUFTIEAIOIO) EDITION) Compliance with Sections 103 and 107 ofthe Contract Work Hours and Safety Standards Act (40U.S.C. .327- 330) as supplemented byl Department ofLabor regulations (29 CFR part 5). 29 Emb Compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 46 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 oft the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 oft the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f)ofthe! Surfaçe' Transportation Assistance Act of1982, section 106(c), ofthe Surface Transportation and Uniform Relocation. Assistance. Act of1987, and 49 CFR part 23 impose requirements for the participation of Section 308 of the Surface Transportation Assistance Act of 1982, 491 U.S.C. 1068(b)(2), authorizes the use of Al breach by Contractor or any subcontractor, vendor or supplier of any oft the federal or statel laws or regulations applicable to this Project may be grounds fort termination of the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special Environmental Protection. Agency regulations (40 CFR part 15). 871). made goods. America provisions on the procurement of foreign products and materials. disadvantaged business enterprises. competitive negotiation for thej purchase ofrolling stock as appropriate. ors subcontractor. Provisions or any other Contract Document, Contractor waives any right ofs subrogation against Owner or Owner's agents. Tothe fullest extent permitted! byl law, Contractor shall indemnify and hold harmless Owner, and Owner'sofficers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out oforr relating to the Project, provided that any such claim, cost, loss or damage is attributable to bodilyi injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuser resulting therefrom, but only tot the extent caused by any negligent act or omission or reckless ori intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. Thej parties agree that this limit on indemnification amount bears ar reasonable commercial relationship to the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. Statel Residents Preference. (1) Ifstate funds are utilized on this project, the Contractor shall give preference to the employment ofs state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used in this section, the term "substantially equal qualifications" means the qualifications of two or more] persons among whom the employer cannot make areasonable determination that the such aj provision. 30 Enb qualifications held by one person are better suited for the position than the qualifications held by b. A contractor required to employ state residents must contact the Agency for Workforce Innovation toj post the contractor's employment: needs in the state'sj job bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in worki involving the expenditure of federal aid funds, this section may not be enforced in such an manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, ori marines, or prohibiting as unlawful any other preference or discrimination the other person or] persons. among the citizens oft the United States. Punch) List. Ift the contract is for thej provision ofconstruction services, Owner shall provide for a single list ofi items required to render the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that thej project has achieved substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor) has achieveds substantial completion. Owner shall provide thej punch] list to Contractor not more The final contract completion date must be atl least thirty days after the delivery oft the punch list. Ift thej punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be an estimated cost of than five days after thej punch list is completed. extended1 by the number of days that Owner exceeded the delivery date. Payment for] Purchases ofConstruction! Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request or invoice or anyone that this agent designates in writing. A contractor's submission ofaj payment request ori invoice to the identified agent of Owner shall be stamped as received as provided in F.S. 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which thej payment request or invoice is stamped as1 received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attorneys' Fees and Costs. In anyj judicial or alternative dispute resolution technique action toi interpret or enforce any of thet terms of this agreement, including any action by Owner to establish the right to indemnification, the parties agree that thej prevailing partys shall bee entitled to an awardofattoreys' fees and costs payable by thei non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or necessary to make the payment request or invoice proper. post-judgment collections. 31 Enbo Attachment3 Project2 FIRESTATIONNO.14 CITY OF SEBRING-and-BLOT ENGINEERING, INC. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of] Housing and Urban Development (HUD) announced the State ofFlorida, Department ofCommerce would receive $633,485,0001 ini funding to support long- term mitigation efforts following declared disasters in 2016 and 20171 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing thel Benefits to Low-to-Moderate Income (LMI) National Objective.. Additional information: may bei found in thel Federal! Register, Vol. 84,No. 169. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced. a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. This award1 has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serve a public safety purpose for local communities. Critical (86FR561). buildings include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals . Emergency operation centers 7. Emergency shelters PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded Eight Hundred Sixty-Seven Thousand, One-Hundred Ten Dollars and Zero Cents ($867,110.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding for mitigation efforts tol harden Fire Station #14 against the risk of damage to the building structure and toi increase the resiliency of thel backup generator power supply system. The mitigation activities consist of replacement oftwelve (12) existing doors and fifty-seven (57) windows with impact resistant windows and doors, including four (4) garage bay doors, meeting American Society of Civil Engineering (ASCE) Standards 7-22, ensuring a secure building envelope; dry-proofing the Hose Tower via masonry and roofing repair along with flashing installation; installation of] Hose' Tower ventilation and anchoring of existing HVAC equipment; installation of 77kW natural gas generator with an automatic transfer switch; reinforcing metal roof deck to withstand wind pressure loads; and installation of additional roof tie-down connections as described in Consultant's correspondence dated. July 26, 2024. ELIGIBLETASKS ANDDELIVERABLES: A. Deliverable. 2-E Engineering Services Subrecipient shall: 32 gmb 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State ofFlorida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, ori information relevant to this project that meet all local current 2. Obtain copies ofa all permit applications, correspondence with permitting agencies, final permits, and hurricane code ratings, local codes and building codes. any other permit-related documentation for thej project. APPENDIX ITOFARTIW-CONTRACTFROV/ISIONS: FORI NON-FEDERAL, ENTITY CONTRACTS UNDER FEDERAL. AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under thel Federal award: must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including thei manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFRI Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating tol Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." For this non-construction federally assist contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60-1.46a)i isi included, herein. (D) Davis-Bacon. Act, as amended (40 U.S.C. 3141-3148)." When required byl Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and. Assisted Construction"). In accordance with the statute, contractors must be required to pay wages tol laborers andi mechanics at ai rate not less than the prevailing wages specified in a wage determination madel by the Secretary ofLabor. In addition, contractors must bei required to pay wages notl less than once a week. Ther non- Federal entity must place a copy oft the current prevailing wage determination issued by thel Department ofLabor ine each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must also include aj provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented! byl Department ofLabor regulations (29 CFRI Part: 3, "Contractors and Subcontractors on Public Building or Public Work Financed in' Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to The non-Federal entity must report all suspected or reported violations tot thel Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers musti include aj provision for compliance with 40U.S.C. 3702 and: 3704, as supplemented by) Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages. of every mechaniç and laborer on the basis ofas standard work week of 401 hours. Work in excess oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halft times the basic rate ofpay for all hours worked in excess of 401 hoursi in the work week. The requirements of appropriate. awarding agency. which he or shei is otherwise entitled. 33 EMB 40U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR $ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance ofe experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights tol Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,' (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended Contracts and subgrants of amounts in excess of $150,000 must contain aj provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean. Air Act (42 U.S.C. 7401-7671g) and the Federal Water Pollution Control. Act as amended (33 U.S.C. 1251-1387). Violations must be reported to thel Federal awarding agency and thel Regional Office of (H) Debarment and Suspension (Executive Orders 12549 and 12689)Ac contract award (see 2CFR 180.220) must not be made to parties listed on the govermentwide exclusions in the System for. Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3CFR part 1986 Comp., P. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension.' . SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, ther requirements outlinedin2 24CFR570.609, pertaining tot thet use ofdebarred, suspended ori ineligible contractors or Subrecipients, in accordance: with the requirements set forth in 24 CFR) Part 5, apply to this program and are () Byrd. Anti-Lobbying Amendment (31 U.S.C. 1352)- - Contractors that apply or bidi for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated: funds toj pay any person or organization for influencing or attempting to influence an officer or employee ofany agency, a member ofCongress, officer or employee ofCongress, or an employee ofai member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Bach tier must also disclose any lobbying with non-Federal funds that takes place in connection with market, or contracts for transportation or transmission ofintelligence. and any implementing regulations issued by the awarding agency. the Environmental Protection Agency (EPA). incorporated into this Agreement. obtaining any Federal award. (J) See $ 200.323. (K) See $ 200.216. (L) See $ 200.322. Such disclosures are forwarded from tier to tier up tot the non-Federal award. $200.3231 Procurement ofr recovered materials. A1 non-Federal entity that is a state agency or agency ofay political subdivision ofas state andi its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where thej purchase price of thei item exceeds $10,000 or the value oft the quantity acquired during they preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not. limited to iron, aluminum, steel, cement, and other guidelines. $200.3221 Domestic preferences for procurements. 34 Emb manufactured products). Thei requirements ofthis section must bei includedi in all: subawardsi including all contracts (b) For purposes of this section: (1) "Produced in the United States" means, fori iron and steel products, that all manufacturing processes, from thei initial melting stage through the application ofcoatings, occurred int thel United (2)"Manufactured, products" means items and construction: materials composedi in whole ori inj part ofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such $200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a)] Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: and purchase orders for work or products under this award. States. as concrete; glass, including optical fiber; and lumber. (1) Procure or obtain; (2) Extend or renew a contract toj procure or obtain; or (3) Enter into a contract (or extend or renew a contract) toj procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications: equipment is telecommunications equipment produced by Huawei Technologies Company () For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by) Hytera Communications Corporation,' Hangzhou Hikvision! Digital Technology Company, or Dahua ()Teleommumications or video surveillance services provided by such entities or using such equipment. (in) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary ofI Defense, in consultation with thel Director oft thel National Intelligence ort thel Director oft the Federal (b) Ini implementing thej prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and techniçal support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. or ZTE Corporation (or any subsidiary or affiliate of such entities). Technology Company (or any subsidiary or affiliate of such entities). Bureau of] Investigation, reasonably believes tol be an entity owned or controlled by,or otherwise connected to, the government ofac covered foreign country. (c) Seel Publicl Law 115-232, section 8891 for additional information. (d): See also $ 200.471. area firms. $200.321 Contracting with small and minority businesses,' women'sl business enterprises, andl labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b). Affirmative stepsi musti include: (1)Placing qualified small andi minority businesses and women's! business enterprises on solicitation lists; (2). Assuring that small andi minority businesses, and women'sbusiness: enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities toj permit maximum participation by small and minority businesses, and women'st business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation' by (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business! Development Agency of thel Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they arej potential sources; small and minority businesses, and women' 's business enterprises; and paragraphs (1) through( (5)ofthis section. 35 gmb Section3 AIIS Section 3covered contracts and subcontracts must include the following clause: I. The work tol bej performed under this contract is subject to the requirements of Section 3 oft the Housing and Urban Development Act of 1968, as amended, 12 USC.170lu (Section 3). The purpose of Section 3ist to ensure that employment and other economic opportunities generated byl HUD assistance, orl HUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed tol low and very low-income persons, particularly persons who are recipients of] HUD assistance for housing. II. Thej parties to this contract agree to comply with HUD's regulations in 24CFR part 75, which implement Section 3. As evidenced' by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name andl location of the person(s) taking applications for each of thej positions; and the anticipated date the work shall begin. IV. The contraçtor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofther regulations in 24CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the V. The contractor will certify that any vaçant employment positions, including training positions, that are (1) after the contractor is selected but before the contract is executed, and (2) withj persons other than those to whom the regulations of24 CFR part 75 require employment opportunities tol be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. VI. Noncompliance with! HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed: in connection with Section 3 covered Indian housing assistance, section 7(b) of thel Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible G) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to thej provisions of Section 3 and section 7(b)agreet to comply with Section: 31 tot the maximum extent feasible, buti noti in derogation ofcompliance regulations. regulations in 24 CFR part 75. filled with section 7(b). 36 nb . Withi respect to work performedi in connection with Section 3 covered! Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities: for training and employment shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned. Economic Enterprises. Parties to this contract that are subject toi thej provisions of Section 3 and Section 7(b) agree to comply with Section 31 to the maximum Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Fivej percent (5%) of the total hours on a Section 3 project must be worked by Targeted ii. Reporting. Ift the subrecipient'si reporting indicates that the subrecipient. has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature ofi its activities and those its iii. Recipient will comply with any Section 3) Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting extent feasible, but not in derogation of compliance with Section 7(b). C.. b. Section: 31 Benchmarks and] Reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. spb 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type Contract' Type RFP Fixed Price RFQ ITB (Construction) Reimbursement Time and Material Requirements for ALL Contracts Federal Funding Source and. Authority Statement of Work Schedule for Completion Period ofl Performance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement ofl Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix IIt to2CFR:200 Administrative, Contractual, orl Legal Remedies for Non-Performance Compliance with Small, Minority, and Women's Affirmative Hiring Steps Prohibition on Certain' Telecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 40101 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts Emb 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause itps/www.ecfr.gocurenVitle2section-200.321 Domestic Preferencel https/www.ect.go/curenvitese2section-200.322 Recovered Materials itps/www.ectrgovceuren/hite/se-section-200.323 Telecommunications tps/www.ecf.goveumenvhitle2section-200.216 Federal Clauses Appendix II to Part 200 Wage Determinations Entity Search Davis Bacon and Related Acts SAM.gov Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause: for construction contracts ittps/www.ecf.gecf.yov/curen/hitle-4lsubite-B/chapter-60part-60-300/subpart- A/section-60-300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 fimb E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security'sE-Verify system can be found at: htpsy/wwveverfygox. In accordance with section 448.095,F.S., the State ofl Florida expresslyrequires: the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereofmay not enter into ac contract unless each party to (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that thei new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, aj private employer with 25 or more employees shall use the E- the contract: registers with and uses the E-Verify system. Verify system to verify a new employee's employment eligibility. 40 Soo Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-Primary Covered' Transactions Thel Bidder certifies that, the firm or any person associated therewith int the capacity ofowner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: 1. Bidder must be registered with www.SAM.gov with as status of"Active' and have no. Active Exclusions 2. 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 3. have not within at 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 ai 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; 4. 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 5. have not within ai three-year period preceding this certification had one or more federal, state, or local The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless cited. agency; certification; and government public transactions terminated for cause or default. authorized by the City of Sebring. Handwritten Signature of Authorized! Principal(s): Edward M. Smms PRESIDGNT Blt FIRM: 12/13l24 NAME (print): SIGNATURE: TITLE: NAME OF DATE: Blot Engineering Inc. 41 Go CONSULTANT SERVICES. AGREEMENT (Project3 3 -Police Station - CDBG-MIT Project 10155) THIS AGREEMENT is made this day of 2025 bya and! between CITYOF SEBRING, aFlorida municipal corporation, (herein called "City") and] HOTRCNAANARCaEe In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency ofv which are hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1 - General Terms and Conditions, Attachment 2-1 Legal Provisions, and Attachment 3 -I Description of thel Project scope and fee, and alll Modifications issued subsequent hereto. The Contract. Documents form the' "Contract." The Contracti represents thee entire andi integrateda agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including thej proposal documents. The Contract may be amended or modified only by al Modification. A "Modification"is: av written amendment tot the Contract signed by bothj parties ora a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. Citys shall: reasonably provide Consultant withi information requested by Consultant in writing. City shall make allj payments due Consultant under the Contract Documents within 30 days of approval thereof. corporation authorized to do business in Florida, (herein called' "Consultant"). 3. Scope ofWork. See Attachment 3. fors satisfactory of the Scope of Work. 4. Compensation. Consultant shall bej paid $62,500.00, whichi includes all fees, costs, charges, and expenses, 5. The term ofthis. Agreement is twenty-six (26) months, beginning, January 7 ,2025 and ending the same day of_ March 2027, unless sooner terminated as providedi in the Contract Documents or extended by 6. The Contract may be terminated as provided in Attachment 1, and in the event City does so, Consultant shall grant City unlimited license to use the' Work Product to complete any on-going projects, conditioned on the A. Use by City oft the Work Product is at City'ssoler risk and without liability or legal exposuret to Consultant 7. All documents provided by Consultant to Citys shall bei inl both hard copy andi in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF BLOT ENGINEERING, INC. CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONALSERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HERBUNDER. agreement of thej parties. following: or anyone working by or through Consultant, including design professionals. B. Consultant is paid by Cityall monies due under Attachment 1 subparagraph 5. b INWITNESS WHEREOF, thej parties heretol havel hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Attest: By: Roland Bishop, Council President Printed Name: Kathy Haley, City Clerk (corporate seal) BLOT ENGINEERING, INC., a Kansas corporationguthonzed to dol busnessi inl Florida Edwàrdi M. Blot, Président Emmbb Printed LeBf BTA By: Printed Name: (corporate seal) 2 fpb ATTACHMENTI GENERALTERMS AND CONDITIONS TO CONSULTANTSERVICESAGREEMENT BETWEEN CITY OF SEBRING AND BLOTENGINEERING, INC. DATED. 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement municipal corporation (herein referred to as the "CITY") and BLOT ENGINEERING, INC., a Kansas corporation authorized to do business in Florida, (herein referred to as the' CONSULTANT). (herein referred to ast the "Contract") dated 2025 between the CITYOF: SEBRING, a Florida ARTICLBI-PAYMENTSTOCOCONSULTANT The CONSULTANT will bill the CITY at the amounts set forth in the Schedule ofPayments fors services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion ofs services outlined in the Scope of Work developed for each authorization. ARTICLE2- REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with thel list oft the types of expenditures eligible for reimbursement. All requests for] payment of"out-of-pocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance oft the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of the Contract will bej paid in accordançe with the rates and conditions set forth in Section 112.061, Florida Statutes. ARTCIB3-PATMIENTOEI INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services have been rendered in conformity with the Contract ora applicable Consultant Services. Agreement. Invoices must reference the current purchase order number (ifany). Payment shall be madei in accordance with the Consultant Services Agreement for specific projects. ARTICLE4-TRUTHN-NEGOTATIONCERTIFICATE The signing oft the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided fori int the Contract and that Consultant Services. Authorization are açcurate, complete and The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that thei rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as of the date of the Contract and that Consultant Services Authorization. within one year following final payment. 3 Fnb AKICIBS-TIRMIMAION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event of substantial failure by the CITY toj perform in accordance with the terms oft the Contract through no fault ofthe CONSULTANT. Itmay also be terminated by the CITYwith or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid for services rendered tot the CITY through the date oft termination. After receipt ofa' Termination Notice and except as otherwise directed byt the CITY, the CONSULTANT: shall: A. Stop work on1 the date and tot the extent specified. B. Terminate ands settle all orders and subcontracts relating tot the performance of C. Transfer all work inj process, completed work, and other material related to the D. Continue and complete allj parts oft the work that have notl been terminated. terminated work. terminated work to the CITY. ARTCIEG-PERSONNEL relationship with the CITY. The CONSULTANT represents thati it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual All of thes services required hereunder shall bej performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions int the CONSULTANT's: key personnel as may bel listed herein must be madel known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law toj perform such services. become effective. ARTICLE7- KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required toj perform the services necessary under the Contract: Contact Person for the Consultant Edward M. Blot Blot Engineering, Inc. 2804 S. Dell Prado Blvd., Suite 101 Cape Coral, FL33904 City Administrator City of Sebring 368 South Commerce. Avenue Sebring, FL 33870 Contact Person for CITY ARTICLEB-SUBCONTRACTING For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and toi inspect all facilities ofa any subcontractors in order toi make ac determination as tot the capability 4 jAb ofthes subcontractor toj perform properly under the Contract. The CONSULTANTise encouraged to seek minority Ifasubcontractor fails toj perform or make progress, as required byt the Contract, and iti is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to and women business enterprises for participation in subcontracting opportunities. acceptance of the new subcontractor by the CITY. ARTICLE9- FEDERAL, ANDS STATE1 TAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. TheCONSULTANT shall not be exempted from paying sales tax toi its suppliers fori materials toi fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY'sTax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible forj payment ofi its own taxes. ARTICLE: 10-A AVAILABILITY OF FUNDS The obligations oft the CITY under the Contract are subject to the availability of funds lawfully appropriated: for its purpose byt the City Council of the CITY OF SEBRING. ARTCIEII-INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. All insurance policies shall be issued by companies authorized or approved to dol business under thel laws oft the State ofl Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the .7 The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance withi minimum limits of$1,000,000p per occurrence: and $2,000,000 annual aggregate. Ifa claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations bel by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims fromj property damage, whichi may arise from the ownership, use, ori maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the required under this paragraph and thati insurance has been approved by the CITY. CONSULTANT ofits liability and obligations under the Contract. claims made coverage. 5 srb CONSULTANT or by anyone directly ori indirectly employed by the CONSULTANT. F. The CONSULTANT shall maintain, during thel life oft the Contract, adequate Workman's Compensation Insurance and Employer'sLiability Insurancei in atl least such amounts as are required by law for all ofits G.A Alli insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant to the Contract. CONSULTANT: shall specifically include the CITY as an' "Additional Insured". ARTICIEI2-STANDARDOFCARE Inj providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with that degree ofcare ands skill ordinarily exercisedbyr members ofthe same profession currently practicing under similar circumstances at the same time andi in thes same or similar locality. ARTICLE13-INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's liability for indemnification shall be limited to $2,000,000.00. ARTCTEI-SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Contract and tot thej partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer itsi interest int the Contract without the written consent of the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent ofthe CITY which may be aj party! hereto, nor shall itl be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARICIEIS-REMEDES The Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will bel held inl Highlands County, Florida, and the Contract will bei interpreted according to thel laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and everys suchi remedy shall be cumulative and shall bei in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercisel by any party ofany right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE16- CONELCTOEINIEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflicti in any manner with thej performance ofservices required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further The CONSULTANT shall promptly notify the CITYin writing of potential conflicts ofi interest for any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's judgment or quality of services being provided under a specific Consultant Services represents that no person having anyi interest shall be employed for said performance. 6 Em Agreement. Such written notification shall identifyt the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, int the opinion oft the CITY, constitute a conflict ofi interest ife entered intob by the CONSULTANT. The CITYagrees toi notifythe CONSULTANTOfis. opinion by certified mail within 30 days ofr receipt ofnotification' byt the CONSULTANT. If, in the opinion oft the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall sO state: in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided to the CITY by the CONSULTANT under the terms of the Contract. ARTICIBI7-EXCUSABLEDELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but arei not limited to: acts ofGod, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ift the CONSULTANT's: failuret toj perform was duet to causes reasonably beyond the CONSULTANT's control and without its fault or negligence, the Contract Schedule and/or other affected provision oft the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at CONSULTANT shall be responsible for thet timely completion of subcontractor's work. any time. ARTICLE18-/ ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation,. judgment, lien or any form ofindebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE: 319-DISCLOSURE ANDOWNERSHIP OF] DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files ofall final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information noti in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense willl be kept confidential by the CONSULTANT and will not be disclosed tos any other party, directly or indirectly, without the CITY'sprior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid fori its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or att the CITY's expense shall be andi remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in If, however, the CITY usesf for any other purpose the CONSULTANT's: documents, drawings, ands specifications, ori reuses them without written verification or adaptation by the CONSULTANT fort the specific purposei intended, Drawings. its property and may be reproduced and reused att the direction of the CITY. derogation ofa any right therein: reserved by the CONSULTANT. 7 Emb itwill be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the CONSULTANT'S independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographso ofthe exterior andi interior, among the CONSUETANTSPootoN andj professional material. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT oft the specific information considered to be confidential or proprietary. CONSULTANT. ARTICLE20-INDEPENDENTCONSULTANTRELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract ani independent contractor, and not an employee, agent, or servant oft the CITY. All persons engagedi in any ofthe work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's. sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship ofi its employees to the CITY shall be that of an independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents oft the CITY. representation other than specificallyprovided, fori in the Contract or amendment thereto. ARTICLE21-CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than al bona fide employee working solely fort the CONSULTANT, to solicit or secure the Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANI, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft the Contract. ARTICLB22-ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for atl least three (3): years after completion oft the Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose ofi inspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLB23-NONDISCRIMINATON The CONSULTANT represents, to the best ofi its knowledge, that all ofi its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARTICLE24-COMPIIANCEWTTEDAVIE-BACONACTI REQUIREMENTS The CONSULTANThereby: agrees, where required on! Federal Grant assisted projects, to comply with applicable portions oft the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract in order to comply with] Federal guidelines applicable to Grant Assisted projects which mayl be undertaken byt the CITY. EMo ARTICLE25- SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE26-ENTIRETYOFCONTRACTUALAGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there arei noj promises or understandings other than those stated herein. None ofthe provisions, terms and conditions containedi int the Contracti may be: added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLB27-ENFORCEMENTCOSTS In any action brought by either party for the interpretation or enforcement oft the obligations of the other party, including the establishment ofai right toi indemnification, the prevailing party shall be entitled toi recover: from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even ifr not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or inj post judgment collections. ARTICLE28- AUTHORTYTOPRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration of the Contract a current certificate of registration required under Florida Statutes. ARTICLE29- -SEVERABILITY Ifa any term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, bel heldi invalid or unenforceable, ther remainder ofthe Contract, ort the application ofs such term or provision, toj persons or circumstances other than those as to which it is heldi invalid or unenforceable, shall not be affected, and every other term and provision oft the Contract shall be deemed valid ande enforceable tot the extent permitted by law. ARTICLE30- AMENDMENTS ANDMODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each oft the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT oft the CITY'snotification. ofac contemplated change, the CONSULTANT shall, if requested by CITY: (1)provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITYi in writing ifthec contemplated change shall effect the CONSULTANTsabilly toi meet the completion dates If the CITY so instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected parties. or schedules oft the Contract. by a contemplated change, pending the CITY's decision to proceed with the change. 9 gMb Ift the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the CONSULTANT shall not commence work on any such change until such written amendment or change order has beeni issued and signed by each of the parties. ARTICLE31 - CITY'SE RESPONSIBILITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the A. Provide full information regarding requirements for the projects and tasks, including aj program which shall set forth the CITY'sobjectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes of service and fulfilling D. Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the . Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within ai reasonable time so Contract, the CITY shall: sequential progress of the CONSULTANT's: services. project or task objectives. Contract. as not to delay the: services ofthe CONSULTANT. F. - Bear all costsi incident to compliance with thei requirements oft this Article. ARTICLB32-NOTICE shall be mailed to: All notices required int the Contract shall be sent certified mail, return receipt requested, and if sent to the CITY City Administrator City of Sebring 368 South Commerce. Avenue Sebring, FL 33870 and ifs sent tot the CONSULTANT shall bei mailed to: Edward M. Blot, President Blot] Engineering, Inc. 2804 S. Dell Pradol Blvd., Suite 101 Cape Coral, FL33904 10 Sb ARTICIE33-PUBLIC ENTITY CRIMES Ap person or affiliate whol has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit al bid, proposal, or reply on a contract toj provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with aj public entity fort the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a CONSULTANI, supplier, subcontractor, or consultant undera a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for aj period of 361 months following the date of being placed oni the convicted vendor list. By signing the Contract, CONSULTANT certifies thati iti is not subject to denial or revocation ofthe right tot transact business withj public entities pursuant tos. 287.133, Florida Statutes. CONSUITANT-csowags that Cityisa a drug-free work] place. CONSULTANTcovemans that all employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute ARTICLE34- DRUG-FREE WORKPLACE 287.087. AKICIS-SCAUINZED COMPANIES By signing the Contract, CONSULTANT certifies that iti is not ineligible, pursuant tol Florida Statute 287.135, to bid on, submit aj proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option ifCONSULTANT: is found tol have submitted ai false certification pursuant to section 287.135,F.S., been plaçed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with. Activities in thel Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may alsot terminate the Contract ati its option FCONSULTANTisf found tol havel been placed on the Scrutinized Companies that Boycott Israel List or is engagedi in al boycott of Israel. ARTICLE36-LAWS. AND REGULATIONS the Work and thej protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating toj performance of ARTICLE37-RESPONSIBILITY FOR THOSEPERFORMINGTHEWORK CONSULTANT shall ber responsible to City fort the acts and omissions of all its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARICIES-PROVBIONS REQUREDBYLAWI DEEMED INSERTED Each and every provision ofl law and clause required by law to be insertedi in this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, andi if, through mistake or otherwise, any such provision isi noti inserted, ori is not correctlyinserted, then upona application of either party, the contract shall forthwith bej physically amended to make suchi insertion or correction. ARTICLE39-S SAFETY ANDI HEALTHI REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be applicable to this] Project. 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders 11 EM4g of any public authority having jurisdiction for the safety of persons or property or toj protect them from damage, injury or loss. ARTICLE40- -DEFAULT Subject to thel limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for thei interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy ori inj post judgment collections. ABTICEA-FIICREORDS CONSULTANTI is required tol keep and maintain public records that ordinarily and necessarily would be required by the City in order top perform the service sought herein. CONSULTANT is required to provide thej public with açcess to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq-, Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosurer requirements arei not disclosed except as authorized byl law andi must meet all requirements fori retaining public records and transfer, at no cost, to the City all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, itiyalty@myebringcon or 368 SOUTH COMMERCE AVENUE, SEBRING, FL33870. ARTICIE42-PUBLICI ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been plaçed on the convicted vendor list following a conviction for aj public entity crime may nots submit al bid, proposal, or reply on a contract toj provide any goods or services to aj public entity; may not submit al bid, proposal, or reply on a contract with a public entity for the construction or repair ofap public building or public work; may not submit bids, proposals, or replies on leases ofreal property to ap public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under ac contract with any public entity; andi may not transact business with any public entity in excess oft thet threshold amount providedi in s. 287.017 for CATEGORY TWO: fora aj period of36r months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with thep provisions ofFlorida Statute 287.133, and further certifies that neitheri it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. Eb 12 Attachment. 2 LEGAL PROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required byl law in order for Contractor to render itss services hereunder. Contractor shall require all ofits subcontractors to comply with thej provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor fort this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use thel E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party toi the contract registers with and uses (b) 1. Ifacontractor enters into a contract with a subcontractor, the subcontractor must] provide the contractor with an affidavit stating that the subcontractor does note employ, contract with, ors subcontract with an unauthorized (c) 1. Ap public employer, contractor, or subcontractor whol has a good faith beliefthata aj person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with the person or entity. 2. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and the E-Verify system. alien. 2. The contractor shall maintain a copy ofs such affidavit fort the duration oft the contract. order the contractor toi immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not al breach of contract and may not be considered as such. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifa public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded aj public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by aj public employer as a result oft thet termination was terminated. ofacontract. Legal Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent ofOwner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further.represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that it has not paid or agreed toj paya any person, company, corporation, individual or firm, other than al bona fide employee working solely for Imb Design/Builder (collectively "Contractor"): 13 Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft this Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ ori retain the services of any firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each ofi its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its CIVILRIGHTS ACTOF1 1964.TTTLEVI-CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest 1.1 Compliance with] Regulations. The contractor: shall comply with thel Regulations relative toi nondiscrimination inf federally assisted programs oft thel Department ofTransportation' (hereinafter, "DOT") Title 49, Code ofFederal Regulations, Part 21, as they mayl be amendedi from timet tot time (hereinafter referred to ast thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not] participate either directly ori indirectly in the discrimination prohibited by section 21.5oft the Regulations, including employment practices 1.3 Solicitations for Subcontracts, Including Procurements ofMaterials and] Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.4] Information and Reports. The contractor shall provide all information and reports required by thel Regulations or directives issued pursuant thereto and shall permit açcess to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession ofanother who fails or refuses to furnishi thisi information, the contractor shall sO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions oft this contract, the Owner shall impose such contract sanctions as it may determine tol be appropriate, a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, services to be performed hereunder. subcontractors to comply with thej provisions of this paragraph. (hereinafter referred to as the "contractor") agrees as follows: are herein incorporated by reference and made aj part oft this contract. when the contract covers aj program set forth in Appendix B oft thel Regulations. nondiscrimination on the grounds ofrace, color, or national origin. as appropriate, and shall set forth what efforts itl has made to obtain thei information. including, but not limited to: b.C Cancellation, termination, or suspension ofthe contract, in whole ori inj part. 6mb 14 litigation with a subcontractor or supplier as ai result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as aj part of the consideration hereof, does hereby covenant and agree that (1) in the furnishing ofs services to Owner hereunder, noj person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shalll be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office ofthe Secretary, Part 21, Nondiscrimination in) Federally-assisted, programs of thel Department ofTransportation- - effectuation of Title VI and Title VII oft the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or shei is authorized toj provide, undertake fors such person the obligations contained in this section. Contractor shall furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insuret that noj person shall on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial statusi in the selection ori retention ofsubcontractors. Contractor assures thati it will require thati its covered subcontractors) provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing of services to the Owner, and Contractor agrees that it will adopt any such requirements as aj part Non-Discrimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. Noj person ont the grounds ofrace, color, or national origin shall be excluded from participation: in, denied thel benefits of, or be otherwise subjected to discrimination in the use ofs said facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing ofs services thereon, no person on the grounds of race, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall use thel Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the e,Maastaiats inl Federally assisted programs ofthel Department ofTransportation- Effectuation ofTitle' VIofthe Civil Rights Act of1964 and' Title' VIIofthe Civil Rights Act of1968, and That in the event ofal breach of any oft the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration ofa appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR United States to enter into such litigation top protect thei interests oft thel United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. oft this Contract. hereof, does hereby covenant and agree that: as said Regulations may be amended. Emb 15 Chapter 60, which is paid for in whole ori inj part with funds obtained from the Federal Government or borrowed on the credit oft thel Federal Government pursuant to a grant, contract, loani insurance, or guarantee, or undertaken pursuant toa any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During thej performance ofthis contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard tot their race, color, religion, sex, or national origin. such action shall include, but not bel limited tot the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees toj post in conspicuous places, available to employees and applicants for employment, notices to bej provided: setting forth the provisions (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, (3) 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 tol be provided advising the said labor union or workers' representatives oft the contractor's commitments under this section, and shall post copies of the noticei in (4) The contractor will comply with all provisions ofl Executive Order 11246 of September 24, 1965, and of (5) The contractor will furnish alli information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofl Labor, or pursuant thereto, and will permit access tol his books, records, and accounts by the administering agency and the Secretary ofLabor forp purposes of (6) In the event oft the contractor's noncompliance with thei nondiscrimination clauses oft this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contractsi in accordancer withj procedures authorizedi inl Executive Order11246ofs September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order oft the Secretary ofLabor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as ar means ofenforcing suchj provisions, includings sanctions fori noncompliance: Provided, however, thati in the event ac contractor becomes involved in, ori is threatened with, litigation with a subcontractor or vendor as a result of such direction byt the: administering agency the contractor: mayr request thel United States to enteri intos suchl litigation ofthis nondiscrimination clause. color, religion, sex, or national origin. conspicuous plaçes available to employees and applicants for employment. thei rules, regulations, and relevant orders of the Secretary ofl Labor. investigation to ascertain compliance with such rules, regulations, and orders. toj protect thei interests oft the United States. fnh 16 EEOCOMPLIANCE (a)R Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall: file annually, on or before the September 30, complete and accuratei reports on Standard! Form 100E0-promugaad) jointly byt the Officed ofFederal Contract Compliance Programs, thel Equal Employment Opportunity Commission and) Plans for Progress or such form as may hereafter be] promulgated: ini its placei ifs such prime contractor or subcontractor (i)i is not exempt from the provisions oft these regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (iii) is aj prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to! $50,000 or more or serves asa depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report ifit meets requirements of (2) Eachj person required by Sec. 60-1.7(a)(1)tos submit reports shall file such ai report with the contracting or administering agency within 30 days after the award tol him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date oft the award. Subsequent: reports shall be submitted annually in accordance with Sec. 60-1 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failure toi filet timely, complete and accurate reports as required constitutes noncompliance with thej prime paragraphs (a)(1)(), (ir), and (iv) ofthis section. require. Thel Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with) Part 60-2: Affirmative. Action! Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant tol Part 60-2 oft this chapter; (ii) whether it has participated in any previous contract ors subcontract subject tot the equal opportunity clause; (ii) whether it has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as thel Deputy Assistant Secretary requests prior to the award of the contract or subcontract. When a determination hasl been made to award the contract or subcontract to as specific contractor, such contractor shall bei required, prior to award, or after the award, or both, to furnish such other information as STANDARD. FEDERALI EQUALI EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. SPECIFICATIONS. -41 CFR Part 60.4.3 1. As usedi in these specifications: a.' "Covered area" means the geographical area described ini the solicitation from which this contract resulted; b."Director" means. Director, Office ofFederal Contract Compliancel Programs (OFCCP), U.S. Department C." "Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom thel Director delegates authority; Quarterly Federal Tax] Return, U.S. Treasury Department Form 941; 17 fah d."Minority" includes: origin); (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any oft the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts aj portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 thej provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work int the Plan area (including goals and timetables) shall bei in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under thel EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in whichi it has employees. The overall good faith performancel by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failuret to take good faith efforts to 4. The contractor shall implement the specific affirmative action standards provided within these specifications. The goals set forth ini the solicitation from which this contract resulted aree expressed as percentages ofthet total hours of employment and training of minority and female utilization the contractor should reasonably be able tos achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction worki ina a geographical area where they doi notl have a. Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodiçally in thel Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. Ino order fort thei non-working training hours ofa apprentices and trainees tol be counted in meeting the goals, such apprentices and trainees shall bee employed by the contractor during the training period and the contractor shall haver made a commitment to employ the apprentices and trainees at the completion oft their training, subject to the valabhliyofemployment opportunities. Trainees shall bet trained pursuant tot training programs approved Spanish culture or origin regardless ofrace); East, Southeast Asia, thel Indian Subcontinent, or thel Pacific Islands); and community identification). whichi is set: forthi in the solicitations from which this contract resulted. achieve thel Plan goals and timetables. inr meeting its goals in each craft during thej period specified. pursuant thereto. 18 Emb by the U.S. Department ofLabor. 7. The contractor. shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results fromi its actions. Thec contractorshall document these efforts fully ands shalli implement affirmativeaction a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, andi in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more womeni to each construction project. The contractor shall specifiçally ensure that all foremen, superintendents, and other onsite supervisory: personnel are aware of and carry out the contractor's obligation toi maintain such a working environment, with specific attention toi minority or femalei individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor ori its unions have employment opportunities available, andi maintain: ai record ofthe organizationfresponses. C. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If suchi individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, ifreferred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Provide immediate written notification to thel Director when thet union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor ai minority person or female sent by the contractor, or when the contractor. has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department ofLabor. The contractor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's. EEO policy! by providing notice of thej policyt to unions and training programs and requesting their cooperation in assisting the contractor ini meeting its EEO obligations; byi includingi itin any policy manual and collectivel bargaining agreement; by publicizing iti in the company newspaper, annual report, etc.; by specific review oft thej policy with all management personnel and with all minority and female employees at least once aj year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review oft these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to thei initiation ofc construction work at anyj jobs site.. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally byi including it in any advertising in the news media, sperificallyincluding: minority and femalei news: media, andj providing written notification to and discussing steps at least as extensive as the following: working at such sites ori in such facilities. whatever additional actions the contractor may have taken. contractor's efforts toi meeti its obligations. under 7b above. employees at each! location where construction work isj performed. subject matter discussed, and disposition oft the subject matter. 19 EMb the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or i. Direct its recruitment efforts, both oral and written, toi minority, female, and community organizations, to schools with minority and female students; and to minority andi femalei recruitment: and training organizations serving the contractor's recruitment area and employment: needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment toi minority and female youth! both k. Validate alli tests and other selection requirements where therei is an obligation to do sO under 41 CFRPart 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m. Ensurei thats seniority practices,job classifications, work assignments, and other personnel practices dor not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that thel EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are: non-segregated except that separate or single user toilet and necessary changing facilities shall bej provided to assure privacy between the sexes. 0. Document and maintain ai record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation ofs solicitations to minority and female contractor p. Conduct ar review, at least annually, of all supervisor's adherence to and performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations. The efforts ofa a contractor association,, joint contractor union, contractor community, or other similar groups of which the contractor is ai member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates int the group, makes every effort to assure that the group has aj positivei impact on the employment ofminorities and women in thei industry, ensures that the concrete benefits of the program are reflected in the contractor'si minority and female workforce participation, makes a good faith effort toi meeti its individual goals and timetables, and canj provide access to documentation which demonstrates the effectiveness of actions taken on behalf oft the contractor. The obligation to comply, however, is the contractor's and failure ofs such a group 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, bothi male and female, and all women, both minority andi non- minority. Consequently, ifthej particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractori may bei iny violation oft thel Executive Order ifas specific minority anticipates doing business. screening procedures, and tests to be used in the selection process. on the site andi in other areas ofa contractor's workforce. 60-3. training, etc., such opportunities. associations and other business associations. EEO policies and affirmative action obligations. to fulfill an obligation shall not be a defense for the contractor's noncompliance. b 20 group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order1 11246, as amended, and itsi implementing: regulations, by the Office of Federal Contract Compliancel Programs. Any contractor who fails to carry out such sanctions and penalties shall bei in violation oft these specifications and] Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, atl least as extensive as those standards prescribed in paragraph 18.7 oft these specifications, so as to achieve maximum results fromi its efforts to ensure equal employment opportunity. Ift the contractor fails to comply with ther requirements ofthel Executive Order, thei implementingr regulations, ort thesespecifications, the 14. The contractor shall designate a responsible official toi monitor alle employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and tol keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates ofchanges in status, hours worked per week in thei indicated trade, rate ofpay, and locations at which the work was performed. Records shall be maintained: in an easily understandable andi retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain suchi records foraperiod ofs six years following the completion: and closeout oft the project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner, the U.S. Department ofHousing and Urban Development (HUD), the Florida Department ofCommerce, thel Florida. Auditor General, and Comptroller General of the United States. 15. Nothing herein provided shall be construed as al limitation upon the application of other laws which establish different standards of compliance or upon the application ofi requirements for thel hiring ofl local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development any person because ofrace, color, religion, sex, or national origin. contracts pursuant tol Executive Order 11246. Director shall proceed in accordance with 41 CFR 60-4.8. Block Grant Program). CERTFICATIONOFN NONSEGREGATEDFACILITIS-4ICFRPART60-18 Notice to] Prospective Federally Assisted Construction Contractors: 1.ACertification of Non-segregated Facilities shall be submitted prior to the award ofaf federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are: not exempt from the provisions of thel Equal Opportunity Clause will be required to provide for the forwarding of the following notice toj prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and arei not exempt from the provisions ofthel Equal Opportunity Clause. NOTE: Thej penalty Notice tol Prospective Subcontractors ofRequirements for CetificationofNon.-SeseatedFacllis Clause. fori making false statements in offers is prescribed in 18 U.S.C. 1001. Enb 21 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from thej provisions ofthel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions oft thel Equal Opportunity Clause will be required to provide for the forwarding oft this notice toj prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from thej provisions oft thel Equal Opportunity Clause. NOTE: Thej penalty for making false statements in offersi is prescribed in 18U.S.C. 1001. CERTIFICATIONOEN NONSEGREGATEDFACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofhis establishments and that she orl he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any ofhis establishments and that she or he will not permit his employees toj perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach ofthis certifiçation is a violation oft thel Equal Opportunity Clause in As usedi int this certification, the term' "segregated facilities": means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin! because ofhabit, local custom, or any other reason. Thei federally-assisted construction contractor agrees that (except where she or hel has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she orl he will: retain such certifications in his files. NOTCEOPREQURIMENTI FOR AVERMATVEACTIONICERPARTEP2 The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forthl herein. LOBBYING. AND] INFLUENCINGI FEDERALEMPLOYEES 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting toi influence an officer or employee ofa any agency, al Member ofCongress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the making of any Federal 2. Ifa any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting toi influence an officer or employee ofany agency,aM Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records: Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, andi its facilities as may be determined by Owner or other governmental agency to bej pertinent to ascertain whethert therel hast been compliance withs said Regulations and directives. Where anyinformationt required ofContractori isi int the exclusive possession ofa another who fails or refused to furnish thisi information, Contractor grant and the amendment or modification of any Federal grant. itsi instructions. 22 EMb shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofsix (6) years after the termination of the Contract. Records shall be made available to1 thej public per Chapter119H Florida Statutes; and shall bei made availablet to the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida. Auditor General, and Comptroller General ofthe United States. Int the event ofbreach ofany ofthea above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor underthis Contract or canceling, terminating, or suspending this Contracti iny whole ori inj part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations,' Part 21 are: followed and completed, including exercise or expiration ofappeal rights. CONTRACTWORKHOURS ANDSAFETY: STANDARDSACT REQUIREMENTS 29 CFR PART5 1. Overtime Requirements. No contraçtor or subcontractor contracting for any part oft the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at ai rate not less than one and one-half times the basic rate ofpay for all hours worked in excess of forty hours in such 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation oft the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inj paragraph 1 above, in the sum of$10 for each calendar day on which suchi individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized: representative oft the Department ofLabor withhold or cause tol 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 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as providedi in the clause set forth inj paragraph 2 above. subcontractor with the clauses set forthi inj paragraphs 1 through 4 ofthis section. ACCESS TORECORDS ANDI REPORTS The Owner, as well ast thej public pursuant tol Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and The Contractor: shall maintain an acceptable cost accounting system. The Contractor agrees toj providet the Owner, the U.S. Department ofHousing and Urban Development (HUD), thel Florida Department ofCommerce, transcriptions. 23 fb the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, andi records oft the contractor which are directly pertinent tot the specific contract fort thej purpose ofmaking audit, examination, excerpts and transcriptions. The Contractor agrees to1 maintain alll books, records and reports required under this contract fora aj period ofnot less thans six years after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. Iti is the policy of the Owner and the United States or State of Florida Department ofTransportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofservices contracts awarded byt the Owner, including, but notl limited to, contracts financedi iny whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex: in thej performance ofthis contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is ai material breach oft this contract, which may result int the termination of this contract or Prompt Payment. Thej prime contractor agrees toj pay each subcontractor under this prime contract for satisfactory performance ofi its contract: nol later than fourteen (14) days from thei receipt of each payment, including retainage, that thej prime contractor. receives from City of Sebring. Payments not madet tos subcontractors within fourteen (14) days oft the prime contractor's receipt of payment shall bear interest at the rate of tenj percent (10%) per annum, computed beginning ont thel 14th day after payment is due. Any delay or postponement of payment from thea above referenced time frame may occur only for good cause following written approval oft the City of Sebring. Theright to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms of a contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBE Obligation. The Contractor agrees to ensure that] DBE/MWBE firms shall! have the maximum opportunity to participate in thej performance of contracts for subcontractor services, including, but notl limited to, those projects financed in whole ori inj part with federal or state funds provided under this Contract. Int this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner'sl DBE/MWBE Participation! Policies toe ensuret that] DBE/MWBE firmsl havet ther maximum opportunityt to compete fora andperform contracts. The Contractor and any subcontractors shall not discriminate ont thel basis ofrace, color, national origin, Participation Policy apply tot this Contract. such other remedy, as the recipient deems appropriate. clause applies tol bothl DBE: and non-DBE: subcontractors. or sex in the award and performance of Owner contracts. DBE Administration. 1. - EligibilityofDBEs: Those firms currently certified asl DBE's by thel Floridal Department ofTransportation are eligible to participate as DBE's on this contract. Al list oft these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review ofaj potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certification oft the potential DBE. Previous acceptance ofal DBE by the State or Owner does not ensure 2. Counting DBEI Participation' Towards DBE Goals: DBE participation toward attainment of the goal will bec computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this acceptance ont this project. 24 fu specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE'st that perform ac commercially useful function int the work oft the contract. A DBE performs a commercially useful function when iti is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE: is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors willl bee evaluated. Ifc consistent withi industry practices, ,aDBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract ap portion oft the work up to the amount allowed under standard subcontracting contract provisions ofnormali industry practices. Al DBEi is presumed not tol bep perfomingacommerialy b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume thea actual and contractual: responsibility: for the provision ofthe materials and (1) The entire expenditure to al DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the (2) Sixtypercent ofexpenditures toal DBEregular dealer willl be counted toward thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an: inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution (3) No credit willl be given toward thel DBE goal,i ifthep prime contractor makes a direct payment toar non-DBE material supplier. However, it willl be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward thel DBE goal, will be given for the cost ofr materials or equipment used inal DBE firm's work when those costs are paid by a deduction from thej prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck d. Joint Venture: When aj joint venture contract isi involved, the Owner shall count towards thel DBE goal thatj portion ofthec contract total dollar value equalt to thej percentage ofownership and control ofeach DBE firm within thej joint venture. Such crediting is subject to the owner's acceptance of the joint venture agreement. The Bidder must furnish thej joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the (1) Contract responsibility of thel DBE for specific contract items ofv work, useful function ift the DBEi is performing outside these guidelines. supplies: premises thei materials or supplies that are obtained by the contractor. equipment. making remittance to the DBE firm and material supplier jointly. payment(s) to thel DBE: firm. number; and a complete record oft the contract fees paid to them. following: Sab 25 (2) Capital participation' byt thel DBE, (3) Specific equipment to be provided byt thel DBE, (4) Specific responsibilities oft thel DBE regarding control oft thej joint venture, (5) Specific workers and skillst to be provided byt thel DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. Thej joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certifyi in thel bid proposal their intent toi meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render al bid non responsive. a. DBEI Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to thel Proposal. Thei information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder thel bid will be ruled non responsive and (1) The names, addresses, contact persons, phone numbers, and category ofDBE firms tob be (2) Al list ofthel bidi items of work tol be performed byt the DBE and thej percent tol be credited (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with thel bid. The Owner may request additional DBEi information andi may allow thel bidders, upt to7 calendar days after bid submittal to supplement or resubmit information concerningt their proposedI DBEp participation. Prior to awarding the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is GoodFaithl Efforts: Ifthel bidderi is unable toi meet thel DBE goal, thel bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include (1). Efforts to select portions oft the work for performancel by DBE's, in order toi increase the Iikelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate. DBE participation. Selection of portions (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sentt to ai reasonable: number ofDBE's qualified toj participate in the contract. (3) Efforts to negotiate withl DBE's for specific items of work including: will not be considered. Thei information furnished shall consist of used on the contract; toward thel DBE goal; (3) The dollar value of each oft thel DBE worki items; and demonstration of the good faith efforts taken toi meet thel DBE goal. accurate and complete. but are not limited to: ofwork shall be at least equal to the DBE goal. (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact andi information oni further contacts madet to determine witho certainty 26 Mh ifthel DBE's were: interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions oft the work tol be performed; ) Individual statements as to why agreements withl DBE's were noti reached; and (d) Information on each DBE contacted1 but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines ofcredit required by the contractor. (5) Documentation that qualified DBE's arei not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failuret toi meet thel DBE goal and would not constitute (1) The DBE was unable toj provide adequate performance and/or payment bonds. (3) The DBE would not agree toj perform the subcontract work at thej prime contractors unit (5) The prime contractor would normally perform all or most of the work included in this placement ofDBE's. ag good faith effort: (2) A reasonablel DBEI bid was rejected based on price. (4) Union versus non-union status oft thel DBE firm. bid price. contract. (6) Thej prime contractor solicited DBE participation' by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than full DBE goal participation, the contraçtor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of IfaDBEi is unwilling or unablet toj perform the work specified, the contractor shall request from the Owner, relief from the obligation to use that DBE. Efforts willl be madel by the contractor to acquire from the DBE al letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certifiedI DBE toj perform an equal dollar valuec of allowable credit. Ifar new DBE cannot bei found, thec contractor shall submit evidence of good faith efforts within 15 calendar days oft thei request for relief. Thec contractor. shall submit the new] DBE'sI name, address, worki items and the dollar amount ofeachi item. If the contractor fails to conform to the approved DBE participation or ifit becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the owner is not satisfied with the evidence, then liquidated the contract to increase thel DBE participation toi meet the contract goal. The owner shall approve the new DBE before thel DBE starts work. Emb 27 damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record of] DBE: Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on ori incorporated in thej project; and the actual value ofs such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contraçtor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be C. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by thel DBE firm and the amount paid thel DBB firm. This certification shall be signed! by both they prime contractor and thel DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plani issued in compliance Rights Tol Inventions. All rights to inventions and materials generated under this contract are subject to Contract Time. If the Contractor persistently refuses or fails to reçover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions oft the Work to other contractors or toi require Contractor tol hire sufficient skilled workers for Contractor to1 recover lost time and complete thel Project on time. Any additional costs associated with this willl bel borne by original Contractor. Owner has the rightt toi refuse a subcontractor for good: faith concem about the subcontractor's competence, Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods bei interpreted as limitations on time in which the Owner can enforce such other The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment isi required on such Work orp part ofthe Work, until evidencei isp presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department ofN Management Services determines that those products ori materials are available. DBE obligations. The records shall includel but are not limited to: documented. with the Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner of thel Federal grant under which this contract is executed. solvency or fitness toj perform timely. duties, obligations, rights, ori remedies. to countersign such commitments have done so." CERTIFICATIONREGARDINGDEBARMENT.SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this Erb 28 proposal thati it willi include this clause witbout modification: in all lower tier transactions, solicitations, proposals, contracts, ands subcontracts. Wheret the Contractor ora any lower tier participant is unablet to certify to this statement, its shall attach an explanation to this solicitation/proposal. CLEANAIR, AND WATER POLUTIONCONTROL Contractors and subcontractors: agree: 1. That any facility to be usedi in the performance of the contract or subcontract or tol benefit from the contract is not listed on thel Environmental Protection Agency (EPA)List of Violating Facilities; 2. To comply with all thei requirements of Section 114 ofthe Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 oft the Federal' Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official ofthe receipt ofa any communication from the EPAi indicating that ai facility to be used fort the performance of or benefit from the contract is under consideration to be! listed on thel EPAI List of Violating Facilities; 4. To include or cause to bei included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria and requirements. ASSURANCEOFCONTLANCE The Contractor hereby agrees thati it will comply with: Title' VIofthe Civill Rights Act of1964 (Pub. L. 88-352), as amended, and alli requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and thel Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 of thel Rehabilitation Act of1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to thel Regulation of thel Department ofHealth and Human Services (45 C.F.R. Part 84), to the end that, ina accordance with Section 504 oft that Act and thel Regulation, no otherwise qualifiedi individual with a disability in the United States shall, solely by reason of! his or her disability, be excluded from participation in, be denied thel benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant The Agel Discrimination Act of1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and thel Regulation, no person in the United States shall, on the basis ofa age, be denied thel benefits of, bec excluded from participation: in, or be subjected to discrimination under any program or activity assistant from the Department. receives Federal financial assistance from the Department. for which the Applicant receives Federal financial assistance: from thel Department. 49CFR SUBTITLE, A(10-1-03F EDITION) Compliance with Sections 103 and 107 oft the Contract Work Hours and Safety Standards Act (40U.S.C. 327- 330) as supplemented byl Department ofLabor regulations (29 CFR part 5). 6M9 29 Compliance with all applicable standards, orders or requirements issued under section 306 oft the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 461 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 oft the Surface Transportation Assistance Act of 1982, 491 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f) ofthe Surface' Transportation. Assistance. Act of1982, section 106(c), oft the Surface' Transportation and Uniform Relocation. Assistance Acto of1987, and 49 CFR part 23 impose requirements for thej participation of Section 308 of the Surface Transportation Assistance Act of 1982, 491 U.S.C. 1068(b)(2), authorizes the use of Al breach by Contractor or any subcontractor, vendor or supplier of any of the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special Environmental Protection. Agency regulations (40 CFR part 15). 871). made goods. America provisions on thej procurement of foreign products andi materials. disadvantaged business enterprises. competitive negotiation fort thej purchase ofrolling stock as appropriate. ors subcontractor. Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner's agents. Tot thei fullest extent permitted! byl law, Contractor: shalli indemnify and hold harmless Owner, and Owner'sofhicers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out oforr relating to the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuser resulting therefrom, but onlyt to the extent caused by any negligent act or omission or reckless ori intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. Thej parties agree that this limit oni indemnification amount bears ai reasonable commercial: relationship to the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. (1)Ifstate funds are utilized on this project, the Contractor shall give preference to the employment ofs state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used in this section, the term "substantially equal qualifications" means the qualifications of two ori more! persons among whom the employer cannot makea an reasonable determination that the EWb such aj provision. 30 qualifications! held by one person are better suited for the position than the qualifications held by b. Ac contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractor's employment needs in the state'sjob bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure oft federal aid funds, this section may not be enforcedi in such amanner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination the other person or persons. among the citizens oft the United States. Punch List. Ift the contract is for thej provision of construction services, Owner shall provide for a single list ofi items required toi render the construction services complete, satisfactory, and: acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that thej project has achieved substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor) has achieved substantial completion. Owner shall provide thej punch] listt to Contractor: noti more The final contract completion date must be at least thirty days after the delivery oft the punch list. Ifthe punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be an estimated cost of than five days after thej punch list is completed. extended1 by the number of days that Owner exceeded the delivery date. Payment for Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request ori invoice or anyone that this agent designatesi in writing. A contractor's submission ofap payment request or invoice to the identified agent of Owner shall be stamped as received as] provided in F.S. 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request ori invoicei is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attoreys' Fees and Costs. In anyj judicial or alternative dispute resolution technique action1 toi interpret or enforce any of the terms ofthis agreement, including any action by Owner to establish the right toi indemnification, the parties agree that thej prevailing party shall be entitled to an award ofattorneys' fees and costs] payable by thei non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or necessary to make thej payment request ori invoice proper. post-judgment collections. ENb 31 Attachment3 Project POLICESTATION CITYOFSEBRING-amd-BLOTENGINEERING,INC. 3 PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State ofFlorida, Department ofCommerce wouldi receive! $633,485,0001 in funding to support long- term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI)I National Objective. Additional information may bei foundi int thel Federal Register, Vol. 84,No. 169. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced ai major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. Thisaward has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serve a public safety purpose for local communities. Critical (861 FR561). buildings include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded Three Hundred Sixty-Three Thousand Two Hundred' Thirty-Four Dollars and Zero Cents ($363,234.00): in the CDBG-MIT (Community Development: Block Grant- Mitigation) funding forr mitigation efforts tol harden the Cityofs Sebring Police Station The mitigation activities consist of: replacement of thirty-nine (39) existing windows and four (4) existing doors withi impact resistant windows and doors meeting American Society ofCivil Engineering (ASCE) standards 7-22 ensuring a secure building envelope; installation of additional roof tie-downs; roofing repairs and installation of against storm force winds and wind-driven rains. newi flashing upon the roof. This project satisfies thel Urgent Need (UN) National Objectives requirements. Thej project budget includes leverage funds. 2024 regarding this Project. The eligible tasks and deliverables are as described in Consultant's letter tot the City of Sebring dated August 8, Enb 32 AFPENDIXIITOPART: 200-CONTRACTPROVISIONS FORNON-FEDERALENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under thel Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entityincluding thei manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFRI Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." For this non-construction federally assist contract the Bqual (D) Davis-Bacon Act, as amended (401 U.S.C. 3141-3148). When required byl Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include aj provision for compliance with the Davis-Bacon Act (40 U.S.C.: 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with thes statute, contractors must be required toj pay wages tol laborers andi mechanics at ai rate not less than thej prevailing wages specified in a wage determination: made by the Secretary ofLabor. In addition, contractors must bei required top pay wages notl less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by thel Department ofLabor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must alsoi include aj provision for compliance with the Copeland 1 Anti-Kickback" Act (40U.S.C. 3145), as supplemented! byl Department ofLabor regulations (29 CFRI Part: 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole ori in Part byl Loans or Grants from the United States").1 The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to Thei non-Federal entity must report all suspected or reported violations to thel Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers musti include aj provision for compliance with 40U.S.C.: 3702 and 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis ofa standard work week of 401 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at ai rate ofr not less than one and a halftimes thel basic rate ofpay for all hours worked in excess of 401 hours in the work week. The requirements of 401 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must bei required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open appropriate. Employment Opportunity Clause as outlined in 41 CFRPart60-140): isi included, herein. awarding agency. which he or she is otherwise entitled. market, or contracts for transportation or transmission ofi intelligence. Enb 33 (F) Rights to Inventions Made Under a Contract or Agreement. Ift the Federal award meets the definition of "funding agreement" under 37CFRS401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance ofe experimental, developmental, or research work under that "funding agreement," ? the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 US.C.7401-76710) and thel Federal Water Pollution Control. Act as amended (33U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and thel Regional Office of (H) Debarment and Suspension (Executive Orders 12549: and 12689)-Acontract. award (see 2CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 thati implement Executive Orders 12549 (3CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declaredi ineligibleu under statutory or regulatory authority other than) Executive Order 12549. Additionally, therequirements. outlined inz 24CFS7060peraiaing: tot thet use ofd debarred, suspended or ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFRI Part 5, apply to this program and are () Byrd Anti-Lobbying. Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above thati it will not and) bas not used Federal appropriated funds to] pay any person or organization fori influencing or attempting toi influence an officer ore employee of any agency, ar member ofCongress, officer or employee of Congress, or an employee ofar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with and any implementing regulations issued by the awarding agency. thel Environmental Protection Agency (EPA). incorporated into this Agreement. obtaining any Federal award. (J) See $ 200.323. (K) See $2 200.216. (L) See $200.322. Such disclosures arei forwarded from tier to tier up to the non-Federal award. $200.323 Procurement of recovered materials. A non-Federal entity thati is a state agency or agency ofa political subdivision ofa state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent withi maintaining as satisfactory level of competition, where the purchase price of thei item exceeds $10,000 or the value oft the quantity acquired during thej preceding fiscal year exceeded! $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. $200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under al Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements ofthis section must bei includedi in all: subawardsi including all contracts (b) For purposes of this section: (1) "Produced in the United States" means, fori iron and steel products, that all and purchase orders for work or products under this award. 34 Eb manufacturing processes, from thei initial melting stage through the application of coatings, occurred in thel United ()Q)-"Manufactured, products" means items and construction materials composed in whole or inj part of non- ferrous metals such as aluminum; plastics andj polymer-based; products such as] polyvinyl chloride pipe; aggregates $200.2161 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: States. such as concrete; glass, including optical fiber; and lumber. (1)1 Procure or obtain; (2) Extend or renew: ac contract toj procure or obtain; or (3) Enteri into ac contract (or extend or renew a contract) toj procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of anys system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company (i)) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation,' Hangzhou Hikvision Digital Technology Company, orl Dahua (i)T Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of] Defense, in consultation with thel Director of thel National Intelligence or the Director of thel Federal (b). Ini implementing thej prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. or ZTE Corporation (or any subsidiary or affiliate of such entities). Technology Company (or any subsidiary or affiliate of such entities). Bureau ofInvestigation, reasonably believes tol be an entity owned or controlled by, or otherwise connected to, the government ofac covered: foreign country. () Seel Public) Law 115-232, section 8891 for additional information. (d): See also $2 200.471. area firms. $200.321 Contracting with small andi minorityl businesses, women'sbusiness: enterprises, andl labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and1 labor surplus area firms are used when possible. (b). Affirmative steps musti include: (1)Placing qualified small andi minority businesses and women'sb business enterprises on solicitation lists; (2)Assuring that small and minorityl businesses, and women'sbusiness: enterprises are: solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation bys small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which ençourage participation by (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and thel Minority Business Development Agency oft thel Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; small and minority businesses, and women's business enterprises; and paragraphs (1) through (5) of this section. Section: 3 All Section 3covered contracts and subcontracts must include the following clause: m 35 I. The work to bej performed under this contract is subject to the requirements of Section 3 oft thel Housing and Urban Development Act of1968, as amended, 12USC.170lu (Section 3). The purpose of Section 3ist to ensure that employment and other economic opportunities generated byl HUD assistance, orl HUD- assisted projects covered by Section 3, shall to the greatest extent feasiblel be directed to low and very low-income persons, particularly persons who are: recipients of] HUD assistance for housing. II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement 3. As evidenced by their execution oft this contract, the parties to this contract certify thatt they are under no contractual or other impediment that would prevent them from complying with thep part 75r regulations. III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, ai notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of thej person(s) taking applications for each of thej positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that thes subcontractor has been found in violation ofthe regulations in 240 CFR part 75. V. The contractor will certify that any vacant employment positions, includingt training positions, that are filled (1) after the contractor is selected but before the contract: is executed, and (2) with persons other than those to whom the regulations of24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination oft this contract for default, and debarment or suspension from future HUD: assisted contracts. VIL. With respect to work performed: in connection with Section 3 covered Indian] housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject tot thej provisions of Section 3 and section 7b)agreet to comply with Section 3t to ther maximum extent feasible, buti noti in derogation ofcompliance Section violation oft the regulations in 24CFR part with section 7(b). With respect to work performedi in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 31 to the maximum extent feasible, but noti in derogation of compliance with Section 7(b).c. b. Section 31 Benchmarks and] Reporting 36 fNb Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business conçerns toi meet these minimum numeric goals: 1.1 Twenty-five percent (25%) oft the total hours on a Section 31 project must be worked by 2. Five percent (5%) ofthe total hours on a Section 3 project must be worked' by" Targeted ii. Reporting. Ift the subrecipient'si reporting indicates that the subrecipient has not met the Section 3b benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must reporti in ai form prescribed byl HUD on the qualitative nature of its activities and those its ii. Recipient will comply with any Section 31 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. 37 Eph CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient! Name Project Name Procurement Type Contract' Type RFP RFQ ITB( (Construction) Fixed] Price Reimbursement Time and Material Requirements for ALL Contracts Federal Funding Source and Authority Statement of Work Schedule for Completion Period of Performance Nott tol Exceed Amount: for contract Provisions for extending or amending contract Administrative, Contractual, orl Legal Remedies for Non-Performance Termination for Cause and Convenience Compliance with Small, Minority, and Women's Affirmative Hiring Steps Provisions for Procurement of Recovered. Materials Provisions for Domestic Preference Prohibition on Certain' Telecommunications: and Video Surveillance Terms: for) Debarment and Suspension Terms for Access tol Records Terms for Reporting Requirements 6-year Record. Retention Compliance with E-Verify Section 3 Compliance Appendix II to2CFR200 Additional Terms for Construction Contracts HUD 40101 Form for DBRA Davis Bacon Wage Decision(s) Bid) Bond Payment Bond Performance! Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Emh Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause tps/www.ectr.gov/curenvitle/s/section-200.321 Domestic Preference itps/www.ectr.govcumenne2se-2section-200322 Recovered Materials itps/www.ecf:goveuren/ite2se-/section-200.323 Ielecommunications ittps/www.cct.govcuen/ile/section-200216 Federal Clauses Appendix IIt tol Part 200 Wage Determinations Entity Search Davis Bacon and Related Acts SAM.gov Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts https/www.ecf.gov/curen/hitle-4lsubtite-B/chapter-60par-660-300subpart Alsection-60-300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 EMo E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department ofl Homeland Security'sE-Verify system can be found at: htps/www.evrfygowl. In accordance with section 448.095,F.S., the State of] Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enteri into a contract unless each partyt to (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 80 C.F.R. 274a. Beginning July 1,2 2023, aj private employer with 25 or more employees shall use the E- the contract registers with and uses thel E-Verify system. Verify system to verify ai new employee'se employment eligibility. 40 Certification: Regarding Debarment, Suspension,1 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 1. Bidder must ber registered withy www.SAM.gov: witha as status of"Active' andl have no Açtive Exclusions cited. 2. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as definedi in 49 CFR s29.110(a), by any federal department or agency; 3. have not within ai three-year period preceding this certification been convicted of or had ac civilj judgmentr rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing af federal, state, orl local government transaction or public contract; violation ofi federal ors state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making are not presently indicted for or otherwise criminally or civilly charged by ai federal, state, or local governmental entity with commission ofa any of the offenses enumerated inj paragraph (b) oft this certification; and 5. have not within a three-year period preceding this certification had one or more federal, state, orl local govemment The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless federal funds: false statements, or receiving stolen property; public transactions terminated: for cause or default. authorized by the City of Sebring. Handwritten Signature of Authorized. Principal(s): NAME (print):. SIGNATURE: TITLE: RRESIDEuT IE NAME OFF FIRM: Blat Engieacigylac DATE: 12/3/24 41 CONSULTANT SERVICES. AGREEMENT (Project 4- Veteran's Beach Water Plant - CDBG-MIT: Project 10156) THIS. AGREEMENTismadet this Florida corporation, (herein called' "Consultant"). day of 2025 by and between CITYOF SEBRING, al Florida municipal corporation, (herein called' "City") and COOL. AND COBB ENGINEERING COMPANY,a In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1- General Terms and Conditions, Attachment 2 - Legal Provisions, and Attachment. 3 - Description ofthel Project scope andi fee, and alll Modifications issued subsequent hereto. The Contract Documents form the "Contract." The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may bea amended or modified only byaN Modification. A' Modifeamtion'isawiten 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days ofa approval thereof. amendment tot the Contract signed by both parties or a change order. 3. Scope of Work. See Attachment 3. for satisfactory of the Scope of Work. 4. Compensation. Consultant shall be paid $30,230.00, which includes all fees, costs, charges, and expenses, 5. The term of this Agreement is two (2) years, beginning January 7,2 2025 and ending January 6, 2027, unless sooner terminated as provided in the Contract Documents or extended by agreement of the parties. 6. The Contract may be terminated as provided in Attachment 1, and int the event City does so, Consultant shall grant Cityunlimited! licenset to use the Work Producti to complete any on-going projects, conditioned on the following: A. Use by City ofthe Work Product isa at City'ss sole risk and without liability or legal exposure to Consultant or 7. All documents provided by Consultant to City shall be in both hard copy and in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL anyone working by or through Consultant, including design professionals. B. Consultant is paid by Citya all monies due under subparagraph 5 above. SERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Attest: By: Roland Bishop, Council President Printed Name: Kathy Haley, City Clerk (corporate seal) Sarunek Kebinogy Printed Name: FarleneBabinson COOL AND COBB ENGINEERING COMPANY,al Florida corporation E James Mason Cobb, By: Coxa L.CH6 President (corporate seal) G 2 ATTACHMENTI GENERAL TERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL. AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement Florida municipal corporation (herein referred to as the "CITY") and COOL AND COBB ENGINEERING (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, a COMPANY, a Florida corporation, (herein referred to as the CONSULTANT"). ARTICLEI-PAYMENISTOCOCONSULTANT The CONSULTANT will bill the CITY at the amounts set forth in the Schedule of Payments for services rendered toward the completion ofthe Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion ofs services outlined int the Scope ofWork developed for each authorization. ARTICLB2-REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list of the types of expenditures eligible for reimbursement. All requests for payment of"out-of-pocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation: shall be sufficient to establishi that the expense was actually incurred and necessary in thep performance of the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of the Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. ARTICLE3-P PAYMENTOF INVOICES Prior to payment, invoices received from the CONSULTANT pursuant toi the Contract will ber reviewed and approved by thei initiating department, indicating that services havel been rendered in conformity with the Contract or applicable Consultant Services Agreement. Invoices must reference the current purchase order number (if any). Payment shall be madei in accordance with the Consultant Services Agreement for specific projects. ARICIE4-TRUTEN-NECOTIATION CERTIFICATE The signing of the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Contract and that Consultant Services Authorization are accurate, complete and The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within current as of the date of the Contract and that Consultant Services Authorization. one year following final payment. 3 ARICIES-TRMIMATON The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event ofs substantial failure by the CITY to perform in accordance with the terms of the Contract through no fault of the CONSULTANT. It may also be terminated by the CITY with or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid for serviçes rendered to the CITY through the date oft termination. After receipt ofa' Termination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of C. Transfer all work inj process, completed work, and other material related tot the D. Continue and complete all parts oft the work that have not been terminated. terminated work. terminated work to the CITY. ARTICLE6- PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform thes services under the Contract. Such personnel shall not be employesoforhaveany, contractualrelationship All of the services required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged inj performing the services shall be fully qualified and, if required, authorized or permitted under Any changes or substitutions in the CONSULTANT's key personnel as may be listed herein must be made known to the CITY'srepresentative and written approval granted by the CITY before said change or substitution can become with the CITY. state and local law to perform such services. effective. ARTICLE7-KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant Thomas LaPerreire, AIA Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 Contact Person for CITY ASTCIEI-SUACONTRACTINO For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. 4 The CITY reserves the right to accept the use ofa subcontractor ort to reject thes selection ofay particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under the Contract. The CONSULTANT is encouraged to seek minority and Ifas subcontractor fails to perform or make progress, as required by the Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do SO, subject to women business enterprises forj participation ins subcontracting opportunities. acceptance of the new subcontractor by the CITY. ARTICLE9- FEDERAL AND STATET TAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY's Tax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment of its owni taxes. ARTICLE 10- AVAILABILITY OF FUNDS purpose by the City Council of the CITY OF SEBRING. The obligations oft the CITY under the Contract are subject to the availability of funds lawfully appropriated for its ARICIEII-INSURANCE A. TheCONSULTANT shall not commence work under this Contract until ith has obtained all insurance required B. Alli insurance policies shall bei issued by companies authorized or approved to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance ofthet type, amount, and classifications: required: fors strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and C. The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance with minimum limits of $2,000,000 per occurrence and annual aggregate. Ifa claims made form ofc coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. D.T The CONSULTANT shall maintain, during thel life ofthe Contract, comprehensive general liability insurance int the amount of$1,000,000 per occurrence toj protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT E. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from under this paragraph and that insurance has been approved by the CITY. obligations under the Contract. or by anyone directly employed by or contracting with the CONSULTANT. 5 claims from property damage, which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles whether such operations be by the CONSULTANT or by F. The CONSULTANT shall maintain, during the life of the Contract, adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all ofi its G.A All insurance, other than Professional Liability and Workman's Compensation, to be maintained by the anyone directly or indirectly employed by the CONSULTANT. employees performing work for the CITY pursuant to the Contract. CONSULTANT shall specifically include the CITY as an' "Additional Insured." ARTICLE: I2-STANDARDOECARE The CONSULTANT covenants that all services shall be performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLEIS-INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance oft the Contract. CONSULTANT's liability fori indemnification shall be limited to $2,000,000.00. ARTICLE 14-S SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itselfandi its partners, successors, executors, administrators. and assigns to the other party oft the Contract and to the partners, successors, executors, administrators and assigns ofs such other party, in respect to all covenants oft the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transferi itsi interest in the Contract without the written consent ofthe other, which: shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY which may be aj party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE 15-F REMEDIES The Contract shall be governed by the laws oft the State ofl Florida. Any and all legal action necessary to enforce the Contract will be held in Highlands County, Florida, and the Contract will bei interpreted according to the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall bei in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE1 16- CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further represents that no The CONSULTANT shall promptly notify the CITY in writing of potential conflicts of interest for any prospective person having any interest shall be employed for said performance. 6 business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's: judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by certified mail within 30 days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict ofi interest by the CONSULTANT, the CITY shall so state in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided to the CITY by the CONSULTANT under the terms ofthe Contract. ARTICLE 17-] EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason ofany failure inj performance ifsuch failure arises out of causes reasonably beyond the CONSULTANT's: control and without its fault or negligence. Such causes may include, but are not limited to: acts of God, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The CONSULTANT shall be Upon the CONSULTANT's: request, the CITY shall consider the facts and extent ofa any failure toj perform the work and, ift the CONSULTANT's failure to perform was due to causes reasonably beyond the CONSULTANT's control and without its fault or negligence, the Contract Schedule and/or other affected provision of the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at any time. responsible for the timely completion ofs subcontractor's work. ARTICLE 18 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms oft the Contract. ARTICLE 19-DISCLOSURE AND OWNERSHIP OF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files of all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record Drawings. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or ati its expense will bel kept confidential by the CONSULTANT and will noth be disclosed to any other party, directly ori indirectly, without the CITY's prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid fori its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or at the CITY's expense shall be and remain its property and may be Submission or distribution of documents to1 meet official regulatory requirements orf for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not tol be construed as publication in derogation ofany right If, however, the CITY uses for any other purpose the CONSULTANT's documents, drawings, and specifications, or reuses them without written verification or adaptation by the CONSULTANT for the specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the reproduced and reused at the direction of the CITY. therein reserved by the CONSULTANT. 7 CONSULTANT's independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the CONSULTANT. The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs of the exterior and interior, among the CONSULTANT's promotional and professional material. The CONSULTANT's: materials shall not include the CITY's confidential or proprietary information ifthe CITY advises the CONSULTANT oft the specific information considered to be confidential or proprietary. ARTICLE20 - INDEPENDENT CONSULTANTRELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract an independent contractor, and not an employee, agent, or servant of the CITY.A All persons engaged in any oft the work or services performed pursuant to the Contract shall at allt times, andi ina all places, be subjectt to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship ofi its employees to the CITY shall be that ofa an independent contractor and not as employees or agents The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or oft the CITY. representation other than specifically provided fori in the Contract or amendment thereto. ARTICLE21-CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than al bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that itl has not paid or agreed toj pay any person, company, corporation, individual, or firm, other than al bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft the Contract. ARTICLE22- - ACCESS AND AUDITS TheC CONSULTANT: shall maintain adequate records toj justify all charges, expenses, and costsi incurred inj performing work pursuant tot the Contract fora at least three (3)years after completion oft the Contract. The CITY shall have access tos such books, records, and documents as required int this section for the purpose ofinspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLB23-NONDISCKIMINATION The CONSULTANT represents, to the best of its knowledge, that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARTICLE24- COMPLIANCE WITHI DAVIS-BACONACTI REQUIREMENTS The CONSULTANT hereby agrees, where required on Federal Grant assisted projects, to comply with applicable portions of the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract in order to comply with Federal guidelines applicable to Grant Assisted projects which may be undertaken by the CITY. 8 ARTCLE75-SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but notl limited to any representations madel herein relating to disclosure or ownership or documents, shall survive the execution and delivery oft the Contract and consummation ofthet transactions contemplated hereby. The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Contract may be added to, modified, superseded or otherwise altered, except by written ARTICLE: 26- - ENTIRETY OF CONTRACTUAL, AGREEMENT instrument executed' by the parties hereto. ARTICLE27- - ENPORCEMENTCOSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment ofa a right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even if not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE28 -1 AUTHORITYTO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, thati it will at all times conduct its business activities ina ai reputablei manner, and thati it willmaintain for duration ofthe Contract: a current certificate ofregistration required under Florida Statutes. Ifany term or provision of the Contract, or the application thereoft to any person or circumstances shall, to any extent, bel held invalid or unenforceable, the remainder oft the Contract, or the application ofsuch term or provision, toj persons or circumstances other than those as to whichi iti is heldi invalid or unenforceable, shall not be affected, and every other term and provision oft the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE29- - SEVERABILITY ARTICLE30 - AMENDMENTS AND MODIFICATION No amendments and/or modifications oft the Contract shall be valid unless in writing and signed by each oft the parties. The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the CITY's notification of a contemplated change, the CONSULTANT shall, if requested by CITY: (1) provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY ofa any estimated change in the completion date, and (3) advise the CITY in writing if the contemplated change shall effect the CONSULTANT's ability to meet the completion dates or Ifthe CITY sO instructs in writing, the CONSULTANT shall suspend work on the portion oft the work affected bya a If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the CONSULTANT shall not commence work on any such change until such written amendment or change order has schedules oft the Contract. contemplated change, pending the CITY's decision to proceed with the change. been issued and signed by each oft the parties. 9 ARTICLE3I-CITYSRESPONSIBILITES Provided such information ist reasonably required by the CONSULTANT toj perform its services under the Contract, A. Provide full information regarding requirements for thej projects and tasks, including aj program which shall set forth the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate ai representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress C. Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANTin developingproper: scopesofservice: and fulfilling project ort task D.A Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required fort the CONSULTANT toj perform services under the Contract. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO as not the CITY shall: ofthe CONSULTANTSseviss. objectives. tod delay the services of the CONSULTANT. F. Bear all costs incident to compliance with the requirements oft this Article. ARTICLE32 -NOTICE bei mailed to: All notices required in the Contract shall be sent certified mail, return receipt requested, and if sent to the CITY shall City Administrator City of Sebring 368 South Commerce. Avenue Sebring, FL 33870 and ifs sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL: 33825 10 ARTICLE33 -] PUBLIC ENTITY CRIMES Aj person or affiliate whol has been placed on the convicted vendor list following a conviction fora aj public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with aj public entity fort the construction or repair ofaj public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work ASACONSULTANT, supplier, subcontractor, or consultant undera contract with any public entity; and may not transact business with any public entityi ine excess oft the threshold amount providedi in s. 287.017, Florida Statutes for CATEGORY TWO1 forap period of361 months following the date ofbeing plaçed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that iti is not subject to denial or revocation ofthe right to transact business with public entities pursuant to S. 287.133, Florida Statutes. ARTICLE34-I DRUG-FREE WORKPLACE CONSULTANT acknowledges that Cityi is a drug-free work place. CONSULTANT covenants that all employees of CONSULTANT working upon City property shalll be: subject toi implementation ofall possible provisions toi maintain ac drug-free environment and that CONSULTANT will adhere to the provisions ofF Florida Statute 287.087. ARTICLE35- SCRUTINIZED COMPANIES By signing the Contract, CONSULTANT certifies that iti is noti ineligible, pursuant to Florida Statute 287.135, to bid on, submit aj proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option if CONSULTANT is found to have submitted a false certification pursuant to section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan! List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract at its option FCONSULTANT is found tol havel been placed on1 the Scrutinized Companies that Boycott Israel List or is engaged in a boycott ofl Israel. ARTICLE36-LAWS. AND REGULATIONS Work and the protection of persons andj property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance oft the ARTICLE37-F RESPONSIBILITY FOR THOSE PERFORMING THE WORK CONSULTANT shall be responsible to City for the acts and omissions of all its employees and all subcontractors, their agents and employees and all other persons performing any ofthe Work by, through, or under CONSULTANT. Each and every provision of law and clause required by law to be inserted in this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the ARTICLE38-F PROVISIONS REQUIRED BY LAW DEEMED INSERTED contract shall forthwith be physically amended to make such insertion or correction. ARTICLE39-SAFETY AND HEALTHI REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health. Act and such other rules and regulations as may be applicable 11 to this Project. or loss. 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having. jurisdiction for the safety of persons or property or toj protect them from damage, injury ARTICLE40-1 DEFAULT Subject to the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for the interpretation or enforcement oft the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled tor recover from thel losing partya all reasonable. attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy ori in post] judgment collections. ARTICLE 41 -] PUBLIC RECORDS CONSULTANT is required tol keep and maintain public records that ordinarily and necessarily would bei required by the City in order to perform the service sought herein. CONSULTANT is required to provide the public with access toj public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law and must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession oft the CONSULTANT upon termination oft the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, ymatyemyebrnmgon or 368 SOUTH COMMERCE AVENUE, SEBRING, FL33870. ARTICLE42- PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit al bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with aj public entity for the construction or repair ofap public building or public work; may nots submit bids, proposals, or replies on leases ofr real property to aj public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant undera a contract with any public entity; andi may not transact business with any public entity in excess ofthet threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 361 months following the date ofbeing placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with the provisions of Florida Statute 287.133, and further certifies that neither it, nor its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment 2 LEGALI PROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term oft this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required by lawi in order for Contractor to render its services hereunder. Contractor: shall require all ofits subcontractors to comply with the provisions oft this paragraph. Contractor grants Owner an irrevocable licenset to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1,2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the (b) 1.Ifac contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized (c) 1.A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which iti is contractingl has knowingly violated S. 448.09(1)shall: terminate the contract with the person or entity. subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order E-Verify system. alien. 2. 2. 3. not be considered as such. The contractor shall maintain a copy ofs such affidavit for the duration ofthe contract. A public employer that has a good faith belief that a subcontractor knowingly violated this Ac contract terminated under subparagraph 1. or subparagraph 2. is not al breach of contract and may the contractor to immediately terminate the contract with the subcontractor. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge at termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) Ifa public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by a public employer as a result of the termination of acontract. Legal Provisions and Certifications Tot the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Design/Builder Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent of Owner has any interest, either directly or indirectly, in the business of Contractor to! be conducted! hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than al bona fide employee workings solely for Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making (collectively "Contractor"): 13 oft this Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofa any firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each of its subcontractor agreements relating to the services to be performed Contractor andi its employees shall promptly observe and comply with the applicable provisions ofa alll Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its subcontractors to CIVILE RIGHTS ACTOF VAITEV-CONTRACIOK CONTRACTUAL REQUIREMENTS During the performance oft this contract, the contractor, fori itself, its assignees and successors in interest (hereinafter 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds ofrace, color, or national origini in the selection and retention ofs subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of thel Regulations, including employment practices when the contract 1.3 Solicitations for Subcontracts, Including Procurements ofl Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the 1.4 Information and] Reports. The contractor shall provide alli information and reports required by the Regulations or directives issued pursuant thereto and shall permit access toi its books, records, accounts, other sources ofi information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, andi instructions. Where any information required ofac contractor is ini the exclusive possession ofanother who fails or refuses to furnish this information, the contractor shall sO certify to the Owner, as appropriate, and shall set 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, hereunder. comply with the provisions oft this paragraph. referred to as the 'contractor") agrees as follows: are herein incorporated by reference and made aj part oft this contract. covers a program set forth in Appendix B of thel Regulations. grounds ofr race, color, or national origin. forth what efforts it has made to obtain the information. including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement: as the Owner may direct as ar means ofenforcing: such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a b.C Cancellation, termination, or suspension of the contract, in whole or in part. 14 subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests oft the Owner and, in addition, the contractor may request the United States to enter Contractor for itself, its successors ini interest and assigns, as aj part of the consideration hereof, does hereby covenant and agreet that (1)in the furnishing ofservices to Ownerl hereunder, noj person on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation effectuation ofTitle VI and' Title VIII oft the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor: shall obtain from such person a written agreement pursuant to which such person shall, with respect toi the services which he or shei is authorized toj provide, undertake for such person the obligations contained in this section. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures that it will require that its covered subcontractors provide assurances to Contractor that they similarly require assurances from their subcontractors, as Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing of services to the Owner, and Contractor agrees that it will adopt any such requirements as a part of this Non-Discrimination. Contractor fori itself, its successors in interest and assigns, as aj part of the consideration hereof, 1. Noj person on1 the grounds ofrace, color, or national origin shall be excluded from participation in, denied the 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereon, noj person on the grounds of race, color, or national original shall be excluded from participation in, 3. That Contractor shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department ofTransportation, Subtitle A, Office ofthe! Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Tramporaion-tfiectution of Title VIofthe Civil Rights Act of1964 and' Title VIII oft the Civil Rights Act of 1968, and as said Regulations That in the event of a breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration ofa appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction into such litigation toj protect thei interests of the United States. Contractor shall furnish an original agreement to Owner. required by CFR Part 152, Subpart E, to the same effect. Contract. does hereby covenant and agree that: benefits of, or be otherwise subjected to discrimination in the use ofs said facilities; denied the benefits of, or be otherwise subjected to discrimination; may be amended. 15 work, ori modification thereof, as defined in thei regulations oft the Secretary ofL Labor at 41 CFR Chapter 60, whichi is paid fori in whole ori inj part withi funds obtained from thel Federal Government or borrowed ont the credit ofthel Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance oft this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives oft the contractor's commitments under this section, and shall post copies oft the notice in (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and oft the (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary ofLabor for purposes ofinvestigation (6) In the event oft the contractor's noncompliance with the nondiscrimination clauses oft this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized inl Executive Order 11246 of September 24, 1965, ands such other sanctions may bei imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofLabori issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will bel binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request thel United States to enter into such litigation toj protect the interests nondiscrimination clause. religion, sex, or national origin. conspicuous places available to employees and applicants for employment. rules, regulations, and relevant orders of the Secretary ofLabor. to ascertain compliance with such rules, regulations, and orders. by rule, regulation, or order of the Secretary ofLabor, or as otherwise provided by law. of the United States. 16 EEOCOMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100 (EEO-1) promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter be promulgated in its place if such prime contractor or subcontractor (i) is not exempt from the provisions of these regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (n) is aj prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of Government funds in any amount, ori isa ai financial institution which is an issuing andj paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report ifi it meets requirements of (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him of a contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failure to file timely, complete and accurate reports as required constitutes noncompliance with the prime paragraphs (a)(1)(),(i), and (iv) ofthiss section. require. Thel Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with Part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to statei int thel bid ori in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-2 oft this chapter; (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (in) whether it has filed with the Joint Reporting Committee, the Deputy Assistant Secretary or thel Equal Employment Opportunity Commission all reports due under (2) Additional information. A bidder orj prospective prime contractor or proposed subcontractor shall be required tos submit suchi information. as thel Deputy Assistant Secretary requests prior tot the awardofthe contract ors subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the applicant or the STANDARD FEDERAL EQUAL EMPLOYMENTOPPORTUNITY CONSTRUCTION CONTRACT the applicable filing requirements. Deputy Assistant Secretary requests. SPECIFICATIONS. 4 41CFR Part 60.4.3 1. As used int these specifications: a.' "Covered area" means the geographical area described in the solicitation from which this contract resulted; b."Director" means Director, Office of] Federal Contract Compliance Programs (OFCCP), U.S. Department of c."Employer identification number" means the Federal social security number used on the Employer's Labor, or any person to whom the Director delegates authority; 17 Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d."Minority" includes: (1) Black (all) persons having origins in any oft the Black African racial groups not ofH Hispanic origin); (2) Hispanic (all persons ofMexican, Puerto Rican, Cuban, Central or South. American, or other Spanish (3) Asian and Pacific Islander (all persons having origins in any oft the original peoples oft the Far East, (4) American Indian or Alaskan native (all persons having origins in any oft the original peoples ofNorth America and maintaining identifiable tribal affiliations through membership andj participation or community 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and thel Notice which contains the applicable goals for minority and female participation and which 3. Ifthe contractor is participating (pursuantt to 41CFR 60-4.5)inal Hometown: Plan approved by the U.S. Department ofLabor in the covered area either individually or through an association, its affirmative action obligations on all work in thel Plan area (including goals and timetables) shall bei in accordance with that Plan for those trades which have unions participatingi int thel Plan. Contractors shall be ablet to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under thel EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's 4. The contractor shall implement the specific affirmative action standards provided within these specifications. The goals set forth in the solicitation from which this contract resulted are expressed. as percentages oft the total hours ofemployment and training ofminority and female utilization the contractor: should reasonably be ablet to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically int the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. Thec contractor is expected to make substantially uniform progressi ini meeting its goals in each 5. Neither the provisions ofa any collective bargaining agreement: nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6.1 In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion oft their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of culture or origin regardless ofr race); Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and identification). iss set forth in the solicitations from which this contract resulted. or subcontractor's: failure to take good faith efforts to achieve the Plan goals and timetables. craft during the period specified. U.S. Department ofLabor. 18 the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working ats such b. Establish and maintain a current list ofminority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain ai record of the organizations' responses. C.N Maintain a current file of the names, addresses, and telephone numbers ofe each minority and female off-the- street applicant and minority or female referral from a union, al recruitment source, or community organization and of what action was taken with respect to each suchi individual. Ifsuch individual was sent tot the union hiring hall for referral and was not referred back to the contractor by the union or, ifreferred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-jobt training opportunities and/or participate int training programs fort the area' which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice oft these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assistingt the contractor ini meeting its EEOobligations; byi includingi iti ina any policy manual and collective bargaining agreement; by publicizing iti in the company newspaper, annual report, etc.; by specific review ofthe policy with alli management personnel and with all minority andi female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any. job site. A written record shall ber made and maintained identifying thet time and place oft these meetings, persons attending, subject h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates least as extensive as the following: sites or in such facilities. the contractor may have taken. contractor's efforts to meeti its obligations. each location where construction work is performed. matter discussed, and disposition of the subject matter. doing business. 19 i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance ofapplications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vaçation employment to minority and female youth both on the k. Validate all tests and other selection requirements where there is an obligation to do sO under 41 CFR Part 1.C Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and ençourage these employees to seek ort toj prepare for, throughappropriate training, m. Ensure that seniority practices,, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment: related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and neçessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more oft their affirmative action obligations. The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has aj positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness ofactions taken on behalfofthe contractor. The obligation to comply, however, is the contractor's and failure ofs such a groupt to fulfill 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, isr required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for womeng generally,) the contractor may! bei in violation ofthel Executive Orderi ifas specific minority group ofv women 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any tests to be used in the selection process. site and in other areas ofa contractor's workforce. 60-3. etc., such opportunities. associations and other business associations. EEO policies and affirmative action obligations. an obligation shall notl be a defense for the contractor's noncompliance. isu underutilized. 20 person because ofrace, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts 12. The contractor shall carry out such sanctions and penalties for violation oft these specifications and oft the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall bei in violation oft these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed inj paragraph 18.7ofthese: specifications, so ast to achieve maximum results from its efforts to ensure equal employment opportunity. Ifthe contractor fails to comply with the requirements oft the Executive Order, the implementing regulations, or these specifications, the Director: shall 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to thej provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for aj period ofs six years following the completion and closeout of the project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner the U.S. Department of Housing and Urban Development (HUD), the Florida Department of 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under thel Public Works Employment Act of 1977 and the Community Development Block pursuant to Executive Order 11246. proceed in accordance with 41 CFR 60-4.8. Commerce, the Florida Auditor General, and Comptroller General oft the United States. Grant Program). CERTIFICATION OF NONSEGREGATED FACILITES-4ICFRI PART60-1.8 Notice to] Prospective Federally Assisted Construction Contractors: 1.A Certification of Non-segregated Facilities shall be submitted prior to the award ofa a federally- assisted construction contract exceeding $10,000 whichi is not exempt from the provisions oft the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for Notice tol Prospective Subcontractors of] Requirements for Certification ofNon-Segregated Facilities: making false statements in offers is prescribed in 18 U.S.C. 1001. 1. A Certification ofNon-segregated Facilities shall be submitted prior to the award ofas subcontract exceeding 21 $10,000, which is not exempt from the provisions oft thel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors fors supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers isp prescribed in 181 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The tederally-assisted construction contractor certifies thats she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilitiesa at any of! his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis ofr race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions ofthel Equal Opportunity Clause and that that al breach oft this certification is a violation oft the Equal Opportunity Clause in this contract. she or he will retain such certifications in his files. NOTICEOFI REQUIREMENTI FOR AFFIRMATIVE ACTION-41 CFR PART60-2 The Contractor's attention is called to the' "Equal Opportunity Clause" and the' "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYINGAND INFLUENCING FEDERAL EMPLOYEES 1. No Federal appropriated funds shall be paid, by or on behalf oft the contractor, to any person fori influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the 2. Ifany funds other than Federal appropriated fundsl havel been paid or willl bej paid to any person fori influencing ora attempting to influence an officer or employee ofa any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofl Lobby Activities," in accordance with its instructions. Accounting/Records Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whether therel has been compliance with said] Regulations and directives. Where any informationi required of Contractor isi int the exclusive possession ofanother who fails or refused to furnish thisi information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated amendment or modification of any Federal grant. 22 under this paragraph until the expiration ofs six (6): years after thet termination oft the Contract. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner, the U.S. Department ofHousing and Urban Development (HUD), thel Floridal Department of Commerce, thel Florida Auditor General, and Comptroller General oft the United States. Int the event ofbreach ofany ofthe above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor under this Contract or canceling, terminating, or suspending this Contract in whole or inj part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration ofappeal rights. CONTRACTWORKIOURS ANDSAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part oft the contract work which may require ori involve the employment oflaborers or mechanics shall require or permit any suchl laborer or mechanic, including watchmen and guards, in any workweek in which he or shei is employed on such work to work in excess of forty hours ins such workweek unless such laborer or mechanic receives compensation at ai rate not less than one and one-halft times the basic rate ofp pay for all hours worked in excess off forty hours in such workweek. 2. Violation; Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District ofColumbia or a territory, tos such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess oft the standard workweek off forty hours 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized representative of the Department ofl Labor 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, whichi is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities ofs such contractor or subcontractor for unpaid wages and liquidated damages 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier without payment of the overtime wages required by the clause set forth in paragraph 1 above. as provided in the clause set forth in paragraph 2 above. subcontractor with the clauses set forth in paragraphs 1 through 4 ofthis section. ACCESS TO RECORDS AND REPORTS The Owner, as well as the public pursuant to Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the U.S. Department ofHousing and Urban Development (HUD), thel Florida Department ofCommerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives transcriptions. 23 access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract fort thej purpose ofmaking audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for aj period of not less than six years after final payment isi made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofs services contracts awarded by the Owner, including, but not limited to, contracts financedi in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance oft this contract. The contractor shall carry out applicable requirements of 49CFR Part 26i in the award and administration ofDOT assisted contracts. Failurel by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other Prompt Payment. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than fourteen (14) days from the receipt of each payment, including retainage, that the prime contractor receives from City of Sebring. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Sebring. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under the terms ofa contract or under any other statute. City of Sebring shall have thei right tot terminate thes services ofany obligor whoi fails to make prompt payment to any obligee. This clause applies DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or inj part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis ofr race, color, national origin, or Participation Policy apply to this Contract. remedy, as the recipient deems appropriate. to both DBE: and non-DBE subcontractors. sex in the award and performance of Owner contracts. DBE Administration. 1. Eligibility of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. AI list oft these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT: recipients are subject toi the owner's acceptance.. Al bidder may request ai review ofap potential DBE prior tot thel bid opening. The bidder should allow ten working days for the owner's determination regarding certification of the potential DBE. Previous acceptance of a DBE by the State or Owner does not ensure acceptance on this 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the project. 24 contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of] DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with thei following: Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE's that perform a commercially useful function in the work of the contract. A DBE performs ac commercially useful function when iti is responsible for execution ofac distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. Al DBE Contractor may subcontract aj portion of the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE: is presumed not to be performing a commercially useful function if the b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision oft the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain: ai factory or establishment that produces on1 thej premises (2) Sixty percent of expenditures toal DBE regular dealer willl be counted toward thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be (3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a non-DBE material supplier. However, it will be permissible for a material supplier to invoice thej prime contractor and thel DBEj jointly and be paid by the prime contractor making (4) Nocredit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle liçense number; truck number; and a complete record of the d. Joint Venture: When aj joint venture contract is involved, the Owner shall count towards the DBE goal that portion of the contract total dollar value equal to the percentage of ownership and control ofeach DBE: firm within thej joint venture. Such crediting is subject to the owner'sacceptance ofthe joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. Thej joint venture: agreement: musti include a detailed breakdown ofthe following: DBE: is performing outside these guidelines. the materials or supplies that are obtained by the contractor. kept in stock, but the dealer must own or operate distribution equipment. remittance tot the DBE firm and material supplier jointly. payment(s) to thel DBE firm. contract fees paid to them. (1) Contract responsibility oft the DBE: for specific contract items of work, (2) Capital participation by thel DBE, (3) Specific equipment to bej provided by the DBE, 25 (4) Specific responsibilities of the DBE regarding control oft thej joint venture, (5) Specific workers and skills tol be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. Thej joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will renderab bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on thej proposed DBEI Participation Form attached tot thel Proposal." .Thei information. shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder thel bid will be ruled noni responsive and will (1) The names, addresses, contact persons, phone numbers, and category of DBE firms to be (2) A list oft the bid items of work to be performed by the DBE and the percent to be credited (4) Ifthe DBE goali is not met, as statement ofwhyt the goal could not be met and a demonstration b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with the bid. The Owner may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Owner will verify verbally and/ori in writing that thei information submitted by the apparents successful bidderi is accurate Good Faith] Efforts: Ifthel bidder is unable to meet thel DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good: faith efforts conducted after thel bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not (1) Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to ai reasonable number of DBE's qualified to participate in the contract. (3) Efforts to negotiate with DBE's for specific items of work including: not be considered. Thei information furnished shall consist of: used on the contract; toward thel DBE goal; (3) The dollar value ofe each of the DBE work items; and of the good faith efforts taken to meet thel DBE goal. and complete. limited to: work shall be at least equal to thel DBE goal. (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial contact and information on further contacts made to determine with certainty if the DBE's were interested. Personal or phone contacts are expected; 26 (b) Description ofthei information provided to the DBE's regarding the plans, specifications and estimated quantities forj portions oft the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or noti interested. disadyantaged-focus media concerning subcontracting opportunities. (6) Advertisements in general circulation media, trade association publications and (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good (1) The DBE was unable to provide adequate performance and/or payment bonds. (3) The DBE would not agree to perform thes subcontract work at the prime contractors unit bid (5) The prime contractor would normally perform all or most of the work included in this DBE's. faith effort: (2) Ar reasonable DBE bid was rejected based on price. (4) Union versus non-union status oft thel DBE: firm. price. contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ift the contract is awarded on less than fulll DBE goal participation, the contractor is not relieved oft the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life oft the contract Ifal DBE is unwilling or unable to perform the work specified, the contractor shall request from the Owner, relief from the obligation to use that DBE. Efforts willl be made by the contractor to acquire from the DBEa a letter which states the reason the DBE is unwilling or unable to complete its obligations under thej project. If this results in al DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value of allowable credit. Ifai new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The owner shall Ifthe contractor failst to conform tot the approved DBE participation ori ifit becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet thel DBE participation, or what circumstances have changed affecting thel DBE participation. Ifthe owner is not satisfied with the evidence, then liquidated damages may be assessed for the toi increase the DBE participation to meet the contract goal. approve the new DBEI before the DBE: starts work. 27 difference between the approved and actual DBE participation. obligations. The records shall include but are not limited to: 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with thel DBE a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant ands service agencies; thet type ofwork or materials or services b. Efforts to Utilize DBE Firms: Documentation ofall efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services ofDBE's should be documented. Final DBE Certification: Upon completion oft thei individual DBE firm's work, thej prime contractor shall submit a certification attesting to the actual work performed by the DBE: firm and the amount paid the DBE: firm. This certification shall be signed by both the prime contractor and the DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Rights To Inventions. All rights to inventions and materials generated under this contract are subject to Contract Time. Ifthe Contractor persistently refuses or fails to recover lost time, toi the extent thati it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part oft the Contractor, or to assign portions ofthe Work to other contractors or tor require Contractor tol hire sufficient skilled workers for Contractor to recover lost time and complete thel Project performed on ori incorporated int the project; and the actual value of such work. Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner oft the Federal grant under which this contract is executed. on time. Any additional costs associated with this willl bel borne by original Contractor. Owner has the right to refuse a subcontractor for good faith concern about the subcontractor's competence, Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such Work or part of the Work, until evidence is presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Floridal Department of Management Services determines that those products or materials are available. solvency or fitness toj perform timely. obligations, rights, or remedies. to countersign such commitments have done so." CERTIFICATION REGARDING DEBARMENT.SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission ofthis proposal or acceptance ofthis contract, that neither it nori its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from 28 participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. CLEANAIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance oft the contract or subcontract or tol benefit from the contract is not listed on thel Environmental Protection Agency (EPA)List of Violating Facilities; 2. To comply with all the requirements of Section 114 oft the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 oft thel Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 ets seq.r relating toi inspection, monitoring, entry, reports, andi information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on thel EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the thereunder; aforementioned criteria and requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to thel Regulation oft thel Department ofH Health and Human Services (45 C.F.R. Part 80), to the end that, ins accordançe with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistant from the Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation oft the Department of Health and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 of that Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason ofH his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination undera any program or activity for whichi the Applicant receives Federal The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation oft the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Department. financial assistance from thel Department. Applicant receives Federal financial assistance from the Department. 29 49CFR SUBTILEAC-1-031 EDITION) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) Compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 oft the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Environmental Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 461 U.S.C. 1241(b)(I)and 46 CFR part 381 impose cargo preference requirements on the shipment off foreign made Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of1987, and 49 CFR parts 660 and 661 impose Buy America Section 105(f) of the Surface Transportation Assistance Act of 1982, section 106(c), of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR part 23 impose requirements for the participation of Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2), authorizes the use of A breach by Contractor or any subcontractor, vendor or supplier of any of the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor or The provisions of these Additional Special Provisions shall control over any contrary provision in the Special as supplemented by Department of Labor regulations (29 CFR part 5). Protection Agency regulations (40 CFR part 15). goods. provisions on thej procurement of foreign products and materials. disadvantaged business enterprises. competitive negotiation for the purchase ofrolling stock as appropriate. subcontractor. Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner'sa agents. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission or reckless or intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. Thej parties agree that this limit on indemnification amount bears ai reasonable commercial relationship to the contract. In any action construing the scope or nature ofthis indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. (1) If state funds are utilized on this project, the Contractor shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal 30 qualifications to those ofr nonresidents. A contract for construction funded by local funds may contain sucha a Asu used int this section, the term "substantially equal qualifications" means the qualifications oft two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by the b. Ac contractor required to employ state residents must contact the Agency for Workforce Innovation (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner: as to conflict with or be contrary to federal law prescribing al labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of provision. other person or persons. to post the contractor's employment needs int the state'sj job bank system. the United States. Punch List. Ift the contract is for the provision of construction services, Owner shall provide for a single list ofi items required to render the construction services complete, satisfactory, and acceptable( ("punch list),.Forconstruction; projects having an estimated cost ofl less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that the project has achieved substantial completion. For construction projects having an estimated cost $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor has achieved substantial completion. Owner shall provide the punch list to Contractor not more than The final contract completion date must be at least thirty days after the delivery oft the punch list. Ifthe punch listi is not provided tot the Contractor by the agreed upon date for delivery, the contract time for completion must be extended of five days after the punch list is completed. by the number of days that Owner exceeded the delivery date. Payment for) Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request ori invoice or anyone that this agent designates in writing. A contractor's submission of aj payment request or invoice tot the identified agent of Owner shall be stamped as received as provided in F.S.218.74(1): and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifaj payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request or invoice is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action necessary to make the Attorneys' Fees and Costs. In any. judicial or alternative dispute resolution technique action to interpret or enforce any oft thet terms ofthis agreement, including: any action by Owner to establish the rightt toi indemnification, the parties agree that the prevailing party shall be entitled to an award ofa attorneys' fees and costs payable by the non-prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or post-judgment payment request or invoice proper. collections. 31 Attachment3 CITY OF SEBRING-a and - COOL. AND COBB ENGINEERING COMPANY Project 4 VETERAN'S BEACH WATER! PLANT PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Commerce would receive $633,485,000 in funding to support long- term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. Inl February 2021, HUD: announced an additional $46,900,0001 in federal mitigation funding for Florida communities that experienced ai major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. (86] FR561). This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serveapublic safety purpose for local communities. Critical buildings include: Potable water facilities Wastewater facilities Police departments Fire departments Hospitals Emergency operation centers Emergency shelters PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded Onel Hundred Fifty-Nine Thousand, Three Hundred Forty-Seven Dollars and Zero Cents ($159,347.00) in CDBG-MIT (Community Development Block Grant-1 Mitigation) funding for mitigation efforts to harden the Veteran's Beach Water Production Facility to increase the resiliency of the backup generator power supply system and reduce the risk of power outages. This project will enhance community resilience by ensuring that the Veteran's Beach Water Production Facility remains operational throughout the duration of any severe weather event by providing backup power for the equipment at the Water Production Facility. The mitigation activities consist of: installation of a 250kW diesel generator with a 1,000-gallon subbase fuel tank and an Automatic Transfer Switch (ATS). This project satisfies the Urgent Needs (UN) National Objectives requirements. There are no leveraged or matching funds included in this project. 32 ELIGIBLE TASKS. ANDI DELIVERABLES: A. Deliverable: 2-1 Engineering Services Consultant shall: 1. Create ai full design package(s), signed and sealed by al Professional Engineer (PE) licensed in the State ofFlorida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project that meet all local current hurricane 2. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and code ratings, local codes and building codes. any other permit-related documentation for the project. B. Deliverable 7- Construction Consultant shall assist the City with the construction contract, observe work completed, review draw APPENDIX ITOFARTA-CONTRACT PROVISIONS FORI NON-FEDERAL ENTITY CONTRACTS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian. Agency Acquisition Council and the Defense. Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000r must address termination for cause and for convenience by the non-Federal entity including the manner by which it willl be effected and the basis for settlement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity" (30 FR 12319, 12935,3CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity,' 77 and implementing regulations at 41 CFR part 60, "Office of] Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." For this non-construction federally assisted contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60-1 1.4(a) isi included, herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29CFRI Part5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy ofthe current prevailing wage determination issued by thel Department ofLabori in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance oft the wage determination. The non-Federal entity must report all suspected or reported violations tot thel Federal awarding agency. requests, approve draw requests and coordinate any change orders required. UNDER FEDERAL. AWARDS (C) 33 The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole ori in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed ini the construction, completion, or repair of public work, to give up any part of the compensation to which he or she The non-Federal entity must report all suspected or reported violations to thel Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment ofn mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29CFRI Part 5). Under 40U.S.C.3702 ofthe Act, each contractor must be required to compute the wages ofevery mechanic and laborer on the basis ofas standard work week of 401 hours. Work in excess oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and al half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR $401.2( (a) and the recipient or subrecipient wishes to enter into a contract with asmall business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement,' the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing (G) Clean Air Act (42US.C.7401-7671q)4 and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal: award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and thel Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must ber reported tot thel Federal awarding agency and the Regional Office ofthe Environmental Protection Debarment and Suspension (Executive Orders 12549 and 12689)- A contract award (see 2 CFR 180.220) must not bei made toj parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 thati implement Executive Orders 12549(3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." . SAMI Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, the requirements outlined in 24 CFR: 570.609, pertaining to the use of debarred, suspended ori ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR Part 5, apply to (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, ai member of Congress, officer or employee of Congress, or an employee ofa member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any iso otherwise entitled. or transmission of intelligence. regulations issued by the awarding agency. Agency (EPA). (H) this program and arei incorporated into this Agreement. Federal award. (J) See S 200.323. (K) See $200.216. (L) See $ 200.322. Such disclosures are forwarded from tier to tier up to the non-Federal award. 34 $200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 oft the Solid Waste Disposal Act, as amended by thel Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, wheret the purchase price oft thei item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement ofrecovered materials identified in thel EPA guidelines. $200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under al Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United (2) "Manufactured products" means items and construction materials composed in whole or in part ofr non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as $200.2161 Prohibition on certain teleommunications and video surveillance services or equipment. (a). Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: and purchase orders for work or products under this award. States. concrete; glass, including optical fiber; and lumber. (1) Procure or obtain; (2) Extend or renew a contract toj procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or servicesa asasubstantial or essential component ofa any system, ora aso critical technology as part ofa any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or () For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications: equipment and services, to procure replacement equipment and any subsidiary or affiliate of such entities). Company (or any subsidiary or affiliate ofs such entities). Bureau ofInvestigation, reasonably believes tol be an entity owned or controlled by, or otherwise connected to, the government ofa covered foreign country. services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889: for additional information. (d) See also $ 200.471. 35 $200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's area firms. business enterprises, and labor surplus area firms are used when possible. (b). Affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and thel Minority Business Development Agency ofthel Department ofCommerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; and minority businesses, and women's business enterprises; and paragraphs(I)t through (5) oft this section. Section 3 All Section 3 covered contracts and subcontracts must include the following clause: I. The work to be performed under this contract is subject tot the requirements of Section 3 oft the Housing and Urban Development Act of 1968, as amended, 12 USC.170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income II. Thej parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, ifany, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training ande employment positions can see the notice. Thei notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location oft thej person(s) taking applications for each of IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to1 take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in V. The contractor will certify that any vacant employment positions, including training positions, that are filled persons, particularly persons who are recipients ofHUD assistance for housing. regulations. the positions; and the anticipated date the work shall begin. 24 CFR part 75. 36 (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of240 CFR part 75 require employment opportunities to be directed, were: not VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b)ofthel Indian Self-Determination and] Education Assistance Act (25 USC450e)also: applies tot the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject tot the provisions of Section 3 and section 7(b) agree to comply with Section 31 tot the maximum extent feasible, but not in derogation of compliance with section 7(b). filled to circumvent the contractor's obligations under 24 CFR part 75. contract for default, and debarment or suspension from future HUD: assisted contracts. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) oft thel Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given to Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: 1.1 Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted ii. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must reporti in ai form prescribed by HUD ont the qualitative nature ofitsa activities and those its contractors ii. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State ofHawaii which may be amended from time tot time for HUD reporting purposes. noti in derogation of compliance with Section 7(b). C.. b. Section 31 Benchmarks and Reporting Section 3 workers; and Section 3 workers. and subcontractors pursued. 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type Contract Type RFP Fixed Price RFQ ITB (Construction) Reimbursement Time and Material Requirements for ALL Contracts Federal Funding Source and Authority Statement of Work Schedule for Completion Period of Performance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement of Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix II to2CFR200 Administrative, Contractual, orl Legal Remedies for Non-Performance Compliance with Small, Minority, and Women's Affirmative Hiring Steps Prohibition on Certain Ielecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and) Procurement: A Guide tol Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause pNyectowama.e/ssim,m03l Domestic Preference ttps/wwct.gov/cumen/nule2se-section-200.322 Recovered Materials itps/wwwectrgov/curenuhte2se-2/section-200.323 Ielecommunications ntps/wwweclrgoveurenuile2section-200.216 Federal Clauses Appendix II to Part 200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts htpsy/wwwcfrgovleumentile4lubile-Behpte-so0-300subpeat-Alsection-60- 300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of] Homeland Ina accordance with section 448.095,F.S., the State of] Florida expressly requires the following: Security's E-Verify system can bei found at: tps/wwweverlygov. (1) Every public agency and its contractors and subcontractors shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public agency ora contractor or subcontractor thereof may not enter into a contract unless each party to the contract (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning. July1,2023, ,ap private employer with 25 ori more employees shall use thel E-Verify system registers with and uses the E-Verify system. to verify ai new employee'semployment eligibility. 40 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: 1. Bidder must be registered with WWW.SAM.gov with a status of"Active' and have no Active Exclusions 2. 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; 3. 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 4. 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 5. have not within a three-year period preceding this certification had one or more federal, state, or local The Respondent certifies thati its shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, 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 St.. Johns County. cited. destruction of records, making false statements, or receiving stolen property; certification; and government public transactions terminated for cause or default. Handwritten Signature of Authorized Principal(s): NAME (print): Jonp Moson Cobh SIGNATURE: TITLE: President 5 NAME OF FIRM: Cooland Coob Engineering Comçany DATE: 13-25 41 CONSULTANT SERVICES AGREEMENT (Project5 -Park Street Water Plant - CDBG-MIT Project 10154) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, a Florida municipal corporation, (herein called "City") and COOL AND COBB ENGINEERING In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1- General Terms and Conditions, Attachment 2 - Legal Provisions, and Attachment 3 - Description oft the Project scope and fee, and all Modifications issued subsequent hereto. The Contract Documents form the "Contract." The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may be amended or modified only by a Modification. A "Modification"isay written amendment to the Contract signed by both parties or a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days ofa approval thereof. COMPANY, al Florida corporation, (herein called "Consultant"). 3. Scope of Work. See Attachment 3. for satisfactory completion oft the Scope of Work. 4. Compensation. Consultant shall be paid $29,921.00, which includes all fees, costs, charges, and expenses, 5. The term of this Agreement is two (2) years, beginning January 7, 2025 and ending January 6, 2027, unless sooner terminated as provided in the Contract Documents or extended by agreement of thej parties. 6. The Contract may be terminated as provided in Attachment 1, and in the event City does so, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the A. Usel by City ofthe Work Product is at City'ssoler risk and without liability or legal exposure to Consultant 7. Alld documents provided by Consultant to City shall be in both hard copy and in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF following: or anyone working by or through Consultant, including design professionals. B. Consultant is paid by City all monies due under subparagraph: 5 above. PROFESSIONAL SERVICES HEREUNDER. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Roland Bishop, Council President Attest: By: Printed' Name: Kathy Haley, City Clerk (corporate seal) CoAIese Rebunags Printed Name: Earlene_Babinsan COOL AND COBB ENGINEERING COMPANY, al Florida corporation By: Jamés Mason Cobb, President Cara L.CHE6 G (corporate seal) 2 ATTACHMENTI GENERAL TERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement al Florida municipal corporation (herein referred to as the "CITY") and COOL AND COBB ENGINEERING (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, COMPANY, a Florida corporation, (herein referred to as the CONSULTANT). ARTICLE1- PAYMENTS TOCONSULTANT The CONSULTANT will bill the CITY at the amounts set forth int the Schedule ofPayments fors services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion ofs services outlined in the Scope of Work developed for each authorization. ARTICLE2-1 REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list oft the types of expenditures eligible for reimbursement. All requests for payment of"Out-of-pocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance oft the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under thei terms ofthe Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. ARICLE-PAYMENT OF INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services have been rendered inc conformity with the Contract orapplicable Consultant Services Agreement. Invoices must reference the current purchase order number(ifany). Payment shall be made in accordance with the Consultant Services Agreement for specific projects. ARTICLE4-TRUTH-IN-NEGOTIATION CERTIFICATE The signing oft the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided fori ini the Contract and that Consultant Services Authorization are accurate, complete and Thes said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as of the date oft the Contract and that Consultant Services Authorization. within one year following final payment. 3 ARTICLE5 TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event of substantial failure by the CITY to perform ina accordance with the terms oft the Contract through no fault ofthe CONSULTANT. Itmay also be terminated by the CITY with or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid for services rendered to the CITY through the date oftermination. After receipt ofa Termination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of C. Transfer all work inj process, completed work, and other material related toi the D. Continue and complete all parts of the work that have not been terminated. terminated work. terminated work to the CITY. ARTICLE6-F PERSONNEL relationship with the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual Allofthes services required hereunder shall be performed by the CONSULTANT or underi its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions int the CONSULTANT'sI key personnel as may bel listed herein must be madel known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law to perform such services. become effective. ARTICLE7- KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant Thomas LaPerreire, AIA Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 Contact Person for CITY ARTCLEH-SURCONTRACTINO For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor. and toi inspect all facilities ofany subcontractors in order to makead determination as tot the capability 4 ofthes subcontractor toj perform properly under the Contract. The CONSULTANTI is encouraged to seek minority Ifa subcontractor fails to perform or make progress, as required by the Contract, and iti is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do sO, subject to and women business enterprises for participation in subcontracting opportunities. acceptance oft the new subcontractor by the CITY. ARTICLE9- -] FEDERAL ANDSTATE1 TAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted: from paying sales taxt toi its suppliers fori materials toi fulfill contractual obligations with the CITY,nors shall the CONSULTANT be authorized to use the CITY's" Tax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment ofi its own taxes. ARTICLE10-/ AVAILABILITY OF FUNDS The obligations of the CITY under the Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council ofthe CITY OF SEBRING. ARTICLE11-1 INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. All insurance policies shall bei issued by companies authorized or approved to dol business under the laws oft the State of Florida. The CONSULTANT shall furnish Certificates ofl Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the .The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance with minimum limitsof$2,000,000, per occurrence and annual aggregate. Ifaclaims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and withi no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than thei inception date of claims made D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. - The CONSULTANT shall maintain, during the life oft the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages forbodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the required under this paragraph and that insurance has been approved by the CITY. CONSULTANT ofits liability and obligations under the Contract. coverage. 5 CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. F. - The CONSULTANT shall maintain, during the life oft the Contract, adequate Workman's Compensation Insurance and Employer'sLiability Insurance in at least such amounts as are required by law for all ofits G.A All insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant to the Contract. CONSULTANT shall specifically include the CITY as an "Additional Insured". ARTICLEI2-STANDARDOFCARE The CONSULTANT covenants that all services shall be performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLEIS-INDEMNIFIÇATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's liability fori indemnification shall be limited to $2,000,000.00. ARICIEIA-SUCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party oft the Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in the Contract without the written consent of the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent oft the CITY which may be aj party hereto, nor shall it be construed as givinga any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE 15-1 REMEDIES The Contract shall be governed by the laws of the State ofl Florida. Any and all legal action necessary to enforce the Contract willl bel held in Highlands County, Florida, and the Contract will be interpreted according to the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and everys such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. Nos single or partial exercise by any party ofany right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16- CONFLICTOF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with thej performance ofs services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further The CONSULTANT shallj promptlynotifyt the CITYi inv writingo ofpotential conflicts ofi interest for any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shall identify the prospective business association, interest or circumstance, represents that noj person having any interest shall be employed for said performance. 6 the nature of work that the CONSULTANT may undertake and request an opinion oft the CITY as to whether the association, interest or circumstance would, in the opinion oft the CITY, constitute: a conflict ofinterest ife entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT ofi its opinion by certified mail within 30 days ofreceipt ofn notification by the CONSULTANT. If, in the opinion oft the CITY, the prospective business association, interest or circumstance would not constitute a conflict ofi interest by the CONSULTANT, the CITY shall sO state in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided to the CITY by the CONSULTANT under the terms oft the Contract. ARTICLEI 17-E EXCUSABLEDELAYS The CONSULTANT shall not be considered in default by reason of any failure inj performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are not limited to: acts ofGod, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT's failure toj perform was due to causes reasonably beyond the CONSULTANT'S control and without its fault or negligence, the Contract Schedule and/or other affected provision of the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all oft the work at CONSULTANT shall be responsible for the timely completion ofsubcontractor's' work. any time. ARTICLE 18-ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation,judgment, lien or any form ofindebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE19-D DISCLOSURE, AND OWNERSHIP POF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files ofa all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will notl be disclosed to any other party, directly or indirectly, without the CITY's prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid for its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or at the CITY's expense shalll be andi remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in If, however, the CITY uses for any other purpose the CONSULTANT's: documents, drawings, and specifications, orr reuses them without written verification or adaptation by the CONSULTANT fort thes specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the Drawings. its property and may be reproduced and reused at the direction of the CITY. derogation of any right therein reserved by the CONSULTANT. 7 CONSULTANT'S independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs ofthee exterior andi interior, among the CONSULTANISPomOONN andj professional material. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT oft the specific information considered to be confidential or proprietary. CONSULTANT. ARTICLE2 20 -1 INDEPENDENT CONSULTANTI RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract ani independent contractor, and not an employee, agent, or servant oft the CITY. All persons engaged in any oft the work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship ofi its employees to the CITY shall be that of an independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents oft the CITY. representation other than specifically provided fori ini the Contract or amendment thereto. ARTICLE21- CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon orr resulting from the award or making oft the Contract. ARTICLE72-ACCESS. AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for at least three (3), years after completion of the Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose ofir inspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLE23-NONDISCRIMINATION The CONSULTANT represents, to the best ofi its knowledge, that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ABTCE2H-COMPIANCE WITH DAVIS-BACON ACT REQUIREMENTS The CONSULTANTI hereby agrees, where required onl Federal Grant assisted projects, to comply with applicable portions oft thel Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract in ordert to comply withl Federal guidelines applicable to Grant Assisted projects which may be undertaken by the CITY. 8 ARTICLE25 - SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE26- - ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there arei no promises or understandings other than those stated herein. None ofthep provisions, terms and conditions contained int the Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by thej parties hereto. ARTICLE27- ENFORCEMENT COSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment ofar right toi indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney'st fees, paralegal fees, court and other costs, even ifr not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE28- - AUTHORITY TOPRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration oft the Contract a current certificate of registration required under Florida Statutes. ARTICLE29-SEVERABILITY Ifany term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, bel heldi invalid or unenforceable, ther remainder ofthe Contract, ort thea application ofsuchi term or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE30- AMENDMENTS AND MODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each oft the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANTOfthe CITY'snotification ofa contemplated change, the CONSULTANT shall, if requested by CITY: (1)provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3)adviset the CITY in writing ifthe contemplated change shall effect the CONSULTANTsabiliy to meet the completion dates If the CITY sO instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected Ift the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the parties. or schedules of the Contract. by a contemplated change, pending the CITY's decision toj proceed with the change. 9 CONSULTANT shall not commence work on any such change until such written amendment or change order has been issued and signed by each oft the parties. ARTICLE31 - CITY'S RESPONSIBILITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the A. Provide full information regarding requirements for the projects and tasks, including a program which shall seti forth the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and C.F Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes ofs service and fulfilling D.A Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO Contract, the CITY shall: sequential progress oft the CONSULTANT's: services. project or task objectives. Contract. as not to delay the services oft the CONSULTANT. F. Bear all costs incident to compliance with the requirements of this Article. ARTICLE32-NOTICE shall be mailed to: All notices required int the Contract shall be sent certified mail, return receipt requested, and ifs sent to the CITY City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 and if sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 10 ARTICLE3 33 -] PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit al bid, proposal, or reply on a contract to provide any goods or services to aj public entity; may not submit a bid, proposal, or reply on a contract with aj public entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases of real property to aj public entity; may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant undera a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017, Florida Statutes for CATEGORY TWO for aj period of3 36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that iti is not subject to denial or revocation ofthe right tot transact business with public entities pursuant to s. 287.133,1 Florida Statutes. CONSULTANTaRONRgN that Cityi isa drug-free work place. CONSULTANT covenants that alle employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute ARTICLE34- - DRUG-FREE WORKPLACE 287.087. ARICLE3S-SCRUINNIZEDCOMPANIES By signing the Contract, CONSULTANT certifies that it is not ineligible, pursuant to Florida Statute 287.135, to bid on, submit a proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option ifCONSULTANT: is found tol have submitted a false certification pursuant to section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract ati its option iFCONSULTANTisT found tol havel been placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of Israel. ARICIE36-LAWSAND REGULATIONS the Work and the protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of ARTICLE37- RESPONSIBILITY FOR THOSE PERFORMING THE WORK CONSULTANT shall be responsible to City for the acts and omissions ofa all its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTICLE38-1 PROVISIONS REQUIRED BYLAW DEEMED INSERTED Each and every provision ofl law and clause required by law to bei inserted in this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is not inserted, ori is not correctlyi inserted, then upon application ofe either party, the contract shall forthwith be physically amended to make such insertion or correction. ARTICLE39-SAFETY AND HEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be applicable to this Project. 11 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders ofany public authority having. jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. ARTICLE 40- - DEFAULT Subject to the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for the interpretation or entorcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy or in post judgment collections. ARTICLE41 - PUBLIC RECORDS CONSULTANT is required tol keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service sought herein. CONSULTANTisI required to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law andi must meet all requirements for retaining public records and transfer, at no cost, to the City all public records inj possession oft the CONSULTANT upon termination oft the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, katnynaley@myseDring.com or 368 SOUTH COMMERCE AVENUE, SEBRING, FL33870. ARTICLE42-PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction: for aj public entity crime may not submit al bid, proposal, or reply on a contract toj provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair ofaj public building or public work; may not submit bids, proposals, or replies on leases ofreal property to aj public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of thet threshold amount provided in s. 287.0171 for CATEGORY TWO for aj period of 361 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with thep provisions ofFlorida Statute 287.133, andi further certifies that neither it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment 2 LEGALI PROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required by lawi in order for Contractor tor render its services hereunder. Contractor shall require all ofi its subcontractors to comply with the provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Aj public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses (b) 1.Ifacontractor entersi into a contract with as subcontractor, the subcontractor must provide the contractor witha an affidavit stating that thes subcontractor does not employ, contract with, or subcontract with an unauthorized 2. The contractor shall maintain a copy ofs such affidavit for the duration of the contract. (c) 1.Ap public employer, contractor, or subcontractor whol has a good faith belieft that aj person or entity with which iti is contracting has knowingly violated s. 448.09(1) shall terminate the contract with thej person or entity. subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and thel E-Verify system. alien. 2. 3. A public employer that has a good faith belief that a subcontractor knowingly violated this A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and order the contractor to immediately terminate the contract with the subcontractor. may not be considered as such. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifap public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded aj public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by a public employer as a result oft thet termination was terminated. ofacontract. Legal Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent of Owner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, thati it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Design/Builder (collectively "Contractor"): 13 Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofany firm or person in connection with carrying outt this Contract. Contractor assures that it will insert the above provision in each of its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its CIVIL RIGHTS ACTOF 1964, TITLE VI-C CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest 1.1 Compliance with Regulations. The contractor shall comply with thel Regulations relative to nondiscrimination inf federally assisted programs of the Department ofTransportation (hereinafter, "DOT")Title 49, Code ofFederal Regulations, Part 21, ast they may be amended from time tot time (hereinafter referredi to as thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly ori indirectly in the discrimination prohibited by section 21.5 of thel Regulations, including employment practices 1.3 Solicitations for Subcontracts. Including Procurements of] Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.41 Information and Reports. The contractor shall provide alli information and reports required by thel Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession ofanother who fails or refuses toi furnish this information, the contractor shall sO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, services to be performed hereunder. subcontractors to comply with thej provisions of this paragraph. (hereinafter referred to as the contractor"): agrees as follows: are. herein incorporated by reference and made aj part oft this contract. when the contract covers a program set forth in Appendix B of the Regulations. nondiscrimination on the grounds ofrace, color, or national origin. asa appropriate, and shall set forth what efforts it has made to obtain the information. including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, b.C Cancellation, termination, or suspension of the contract, in whole or in part. 14 litigation with a subcontractor or supplier as a result ofs such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1)i in the furnishing ofs services to Owner hereunder, no person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied the benefits of, or otherwise bes subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle. A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs oft the Department ofTransportation - effectuation of Title VI and Title VIII of the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or shei is authorized to provide, undertake fors such person the obligations contained in this section. Contractor shall furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insure that noj person shall on1 the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures thati it will require thati its covered: subcontractors provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing of services to the Owner, and Contractor agrees that it will adopt any such requirements as aj part Non-Discrimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. Noj person on the grounds ofr race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds ofrace, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall uset thel Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Trmporatontliectuation ofTitle VI ofthe Civil Rights Act of1 1964 and Title VIII of the Civil Rights Thati in the event ofa breach ofa any oft the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration ofa appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR United States to enter into such litigation toj protect thei interests ofthel United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. ofthis Contract. hereof, does hereby covenant and agree that: Actof1968, and as said Regulations may be amended. 15 Chapter 60, which is paid fori in whole or inj part with funds obtained from the Federal Government or borrowed on the credit oft the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During thej performance oft this contract, the contractor: agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because ofr race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard tot 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 forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, (3) 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, ai notice to be provided advising the said labor union or workers' representatives oft the contractor's commitments under this section, and shall post copies oft the notice in (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes (6) Int the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with] procedures authorized inl Executive Order 11246of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary ofLabor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as ameanso ofenforcing such provisions, including sanctions forr noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering: agency the contractor may request thel United States to enteri into such litigation ofthis nondiscrimination clause. color, religion, sex, or national origin. conspicuous places available to employees and appliçants for employment. the rules, regulations, and relevant orders of the Secretary ofLabor. ofinvestigation to ascertain compliance with such rules, regulations, and orders. toj protect thei interests oft the United States. 16 EEOCOMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Eachj prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard! Form 100( (BE0-1/promugatea, jointly by the OfficeofFederal Contract Compliance Programs, thel Equal Employment Opportunity Commission and Plans for Progress or such: form as may hereafter be promulgated in its place ifs such prime contractor or subcontractor (i)i is not exempt from thej provisions ofthese regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (iii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of Government funds in any amount, or is ai financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting or administering agency within 30 days after the award tol him ofac contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as thel Deputy Assistant Secretary may (3) Failure toi filet timely, complete and accurate reports asi required constitutes noncompliance with thej prime paragraphs (a)(1)(), (ii), and (iv) of this section. require. The Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with Part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-20 ofthis chapter; (ii) whether itl has participated in any previous contract or subcontract subject tot the equal opportunity clause; (iii) whether itl has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the Deputy Assistant Secretary requests prior to the award of the contract ors subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as STANDARD FEDERAL EQUALI EMPLOYMENTOPPORTUNITY CONSTRUCTION CONTRACT reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. SPECIFICATIONS-416 CFR Part 60.4.3 1. As used in these specifications: a."Covered: area" means the geographical area described int thes solicitation from which this contract resulted; b."Director" means. Director, Office of] Federal Contract Compliance Programs (OFCCP), U.S. Department c."Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom thel Director delegates authority; Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 17 d."Minority" includes: origin); (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any oft the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts aj portion of the work involving any construction trade, it shall physically include inc each subcontract in excess of$10,000 the provisions oft these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to 4. The contractor shall implement the specific affirmative action standards provided within these specifications. The goals set forth ini the solicitation from which this contract resulted are expressed as percentages of thet total hours of employment and training ofminority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. In order fort thei non-working training hours of apprentices and trainees tol be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability ofe employment opportunities. Trainees shall be trained pursuant to training programs approved Spanish culture or origin regardless ofrace); East, Southeast Asia, thel Indian Subcontinent, or the Pacific Islands); and community identification). which is set forth int the solicitations from which this contract resulted. achieve the Plan goals and timetables. ini meeting its goals in each craft during the period specified. pursuant thereto. by the U.S. Department ofLabor. 18 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. Thec contractor shall document these efforts fully and shall implement taffirmativeaction a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware ofa and carry out the contractor's obligation to maintain such a working environment, with specific attention toi minority or female individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor ori its unions have employment opportunities. available, and maintain ar record ofthe organizations responses. C. Maintain a current file oft the names, addresses, and telephone numbers ofe each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. Ifsuch individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Provide immediate written notification tot thel Directorwhen the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor ai minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's EEO policy by providing notice ofthe policyt to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; byi including iti in any policy manual and collective bargaining agreement; by publicizingi iti int the company newspaper, annual report, etc.; bys specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review oft these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to thei initiation ofc construction work at anyj job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally by including iti in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or steps at least as extensive as the following: working at such sites ori in such facilities. whatever additional actions the contractor may have taken. contractor's efforts to meet its obligations. under 7b above. employees at each location where construction work is performed. subject matter discussed, and disposition oft the subject matter. 19 anticipates doing business. .D Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and toi minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both k. Validate all tests and other selection requirements where there is an obligation to do sO under 41 CFR Part 1.C Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m. Ensure that seniority practices,. job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record ofa all solicitations of offers for subcontracts from minority and female construction contractors: ands suppliers, including circulation ofsolicitations to minority and female contractor p. Conductareview,; at least annually, ofalls supervysorsadherence to and performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist ini fulfilling one or more of their affirmative action obligations. The efforts ofa contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates int the group, makes every effort to assure that the group has aj positive impact on the employment ofr minorities and women in thei industry, ensures that the çoncrete benefits oft the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meeti its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness ofactions taken on behalfoft the contractor. The obligation to comply, however, is the contractor's and failure of such a group 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- mimoriy.Consequenty, ifthe particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of thel Executive Order ifa specific minority screening procedures, and tests to be used in the selection process. on the site andi in other areas ofa contractor's workforce. 60-3. training, etc., such opportunities. out. associations and other business associations. EEO policies and affirmative action obligations. toi fulfill an obligation shall not be a defense for the contractor's noncompliance. group of women is underutilized. 20 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order1 11246, as amended, andi its implementing regulations, by the Office of] Federal Contract Compliance Programs.. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed inj paragraph 18.7ofthese: specifications, soas to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails toc comply withi the requirements ofthel Executive Order, thei implementing regulations, or these specifications, 14. The contractor shall designate ar responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and tol keep records. Records shall at leasti include for each employee, the name, address, telephone number, construction trade, union affiliation ifany, employeei identification number when assigned, socials security number, race, sex, status(e.g., mechanic, apprentice, trainee, helper, orl laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall bei maintainedi in ane easily understandable: andi retrievable: form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for aj period of six years following the completion and closeout oft the project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall bei made available to the Owner, the U.S. Department ofHousing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General of the United 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards ofo compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development any person because ofrace, color, religion, sex, or national origin. contracts pursuant to Executive Order 11246. the Director shall proceed in accordance with 41 CFR 60-4.8. States. Block Grant Program). CERTIFICATION OFNONSEGREGATEDFACILTIES-41 CFR PART60-1.8 Notice to) Prospective Federally Assisted Construction Contractors: 1.AC Certification ofl Non-segregated Facilities shall be submitted prior to the award ofa federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity 2. Contractors receiving tederally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of thei following notice toj prospective subcontractors: for supplies and construction contracts where the subcontracts exceed $10,000: and are not exempt from thej provisions ofthel Equal Opportunity Clause. NOTE: The penalty Clause. for making false statements in offers is prescribed in 18 U.S.C. 1001. 21 Notice to Prospective Subcontractors of Requirements for Cmtifastimfhem.serasd Facilities: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from thej provisions oft thel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions oft the Equal Opportunity Clause willl be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from thej provisions oft thel Equal Opportunity Clause. NOTE: Thej penalty for making false statements in offers is prescribed in 18 U.S.C.1 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The tederally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofhis establishments and that she orl he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any ofhis establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach oft this certification is a violation of the Equal Opportunity Clause in As used in this certification, thet term' "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin because ofhabit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she or he will retain such certifications in his files. NOTICEC OF REQUIREMENTI FOR AFFIRMATIVE ACTION-41CFRI PART60-2 Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting toi influence an officer or employee ofa any agency, al Member ofCongress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the making ofa any Federal 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee ofany agency, al Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any. Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records: Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of grant and the amendment or modification of any Federal grant. itsi instructions. 22 information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whethertherel hast been compliance withs said] Regulationsand directives. Whereanyi informationr required ofContractor isi int thee exclusive possession ofanother who fails or refused toi furnish thisi information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofs six (6): years after thei termination oft the Contract. Records shall be made availablet to the public per Chapter 1191 Florida Statutes; and shall be made available to the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General ofthel United States. Ini the event ofbreach ofany oft the above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor under this Contract or canceling, terminating, or suspending this Contract in whole or in part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 arei followed and completed, including exercise or expiration of appeal rights. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation oft the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation oft the clause set forth in paragraph 1 above, in thes sum of$10 for each calendar day on which such individual was required or permitted to work in excess oft the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request ofan authorized: representative oft thel Department ofLabor 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 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as provided in the clause set forth inj paragraph 2 above. subcontractor with the clauses set forth inj paragraphs 1 through 4 oft this section. ACCESSTOF RECORDS ANDREPORTS The Owner, as well as the public pursuant to Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and 23 transcriptions. The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees toj provide the Owner, the U.S. Department ofHousing and Urban Development(HUD), thel Florida Department ofCommerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, andi records ofthe contractor which are directly pertinent tot thes specific contract for thej purpose ofmaking audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than six years after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is the policy oft the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performançe ofservices contracts awarded by the Owner, including, but notl limited to, contracts financedi in whole ori in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of49 CFR Part 261 in the award and administration ofDOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach ofthis contract, which may result in the termination ofthis contract or Prompt Payment. Thej prime contractor. agrees to pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than fourteen( (14) days from the receipt ofe each payment, including retainage, that the prime contractor receives from City of Sebring. Payments not madet to subcontractors within fourteen(14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning ont the 14th day after payment is due. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Sebring. Ther right to receive interest on aj payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms ofa contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete fora and perform contracts. The Contractor: and any subcontractors shall not discriminate on the basis ofrace, color, Participation Policy apply to this Contract. such other remedy, as the recipient deems appropriate. clause applies to both DBE and non-DBE subcontractors. national origin, or sex in the award and performance of Owner contracts. DBE Administration. 1. Eligibility ofDBE's: Those firms currently certified asl DBE's by the Floridal Department ofTransportation are eligible toj participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review ofa potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certification oft the potential DBE. Previous acceptance ofal DBE by the State or Owner does not ensure 24 acceptance on this project. 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment oft the goal will bec computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use ofI DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE's that perform a commercially useful function in the work ofthe contract.A DBE performs a commercially useful function when it is responsible for execution ofa distinct element ofwork by actually performing, managing, and supervising that work. To determine ifa DBE: is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors willl be evaluated. Ifconsistent withi industry practices, al DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract: aj portion oft the work upt to the amount allowed under standard subcontractingcontract provisions ofr normal industry practices. Al DBE is presumed not to bej erfomingacommercaly b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the Sixty percento tofexpenditures to al DBEI regular dealer willl be counted toward thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution (3) Nocredit willl be given toward thel DBE goal, ifthep prime contractor makesa a direct payment toar non-DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used inal DBE: firm's work when those costs are paid by a deduction from the prime contractor's following: useful function ift the DBE is performing outside these guidelines. and supplies: premises the materials or supplies that are obtained by the contractor. equipment. making remittance to thel DBE: firm and material supplier jointly. payment(s) to the DBE firm. C. Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck d. Joint Venture: When aj joint venture contract isi involved, the Owner shall count towards the DBE goal that portion oft thec contract total dollar value equal tot thep percentage ofownership: and control ofe each DBE firm within the joint venture. Such creditingi is subject to the owner's acceptance of number; and a complete record of the contract fees paid to them. 25 thej joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility oft thel DBE for specific contract items of work, (2) Capital participation by thel DBE, (3) Specific equipment tol bej provided by thel DBE, (4) Specific responsibilities of the DBE regarding control oft the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. Thej joint venture must be certified by the City. 3. Award Documentation and] Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non: responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and (1) The names, addresses, contact persons, phone numbers, and category ofDBE firms to be (2) A list ofthe bidi items of work to bej performed by the DBE and the percent to be credited (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with the bid. The Owner may request additional DBE information and may allow the bidders, upto7d calendar days after bid: submittal tos supplement or resubmit information concerning their proposed] DBE participation. Priortoawardingi the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is C. Good] Faithl Efforts: Ifthel bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include (1). Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions (2) Written notification toi individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to ar reasonable number ofDBE's qualified to participate in the contract. will not be considered. Thei information furnished shall consist of: used on the contract; toward the DBE goal; (3) The dollar value ofe each oft the DBE work items; and demonstration of the good faith efforts taken to meet the DBE goal. accurate and complete. but are: not limited to: ofwork shall be at least equal to thel DBE goal. 26 (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact andi information oni further contacts made to determine with certainty ifthe DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions oft the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist thel DBE's that need assistance in obtaining bonding, insurance, or lines ofcredit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadyantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet thel DBE goal and would not constitute (1) The DBE was unable to provide adequate performance and/or payment bonds. (3) The DBE would not agree to perform the subcontract work at thej prime contractors unit (5) The prime contractor would normally perform all or most of the work included in this placement ofl DBE's. agood faith effort: (2) A reasonable DBE bid was rejected based onj price. (4) Union versus non-union status of the DBE1 firm. bid price. contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life oft the contract. In such a case, the contractor shall continue good faith efforts throughout the life of Ifal DBEi isunwilling or unablet toj perform the work: specified, the contractor shall request from the Owner, relieffrom the obligation to use that DBE. Efforts willl be made by the contractor to acquire from thel DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. Ifthis results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE toj perform an equal dollar value ofallowable credit. Ifanewl DBE cannotl be found, the contractor shall submit evidence ofg good faith efforts within 15 calendar days oft the request for relief. The contractor: shall submit ther newl DBE'sI name, address, work items and the dollar amount ofeach item. the contract to increase thel DBE participation to meet the contract goal. The owner shall approve the new DBE before the DBE: starts work. 27 Ift the contractor fails to conform to the approved DBE participation or ifi it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. Ift the owner is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; andi the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be Final DBE Certification: Upon completion oft thei individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paidt thel DBE: firm. This certification shall bes signed by both thej prime contractor and thel DBE: firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained int thes state energy conservation plan issued in compliance Rights To Inventions. All rights toi inventions and materials generated under this contract are subject to Contract Time. Ift the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions oft the Work to other contractors or to require Contractor to hire sufficient skilled workers for Contractor to recover lost time and complete thel Project on time. Any additional costs associated with this will be borne by original Contractor. Owner hast ther rightt ttorefuseas subcontractor for good faith concern about the uhconrncorscompatemc. Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other The Owner reserves the right to refuse to accept Work for thel Project where a special warranty, certification, or similar commitment isi required ons such Work or part ofthe' Work, until evidence is presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department ofManagement Services determines that those products or materials are available. DBE obligations. The records shall include but are not limited to: documented. with thel Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner oft the Federal grant under which this contract is executed. solvency or fitness to perform timely. duties, obligations, rights, or remedies. to countersign such commitments have done so." 28 CERTIFICATION REGARDING DEBARMENT.SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in alll lower tier transactions, solicitations, proposals, contracts, ands subcontracts. Where the Contractor orany lower tier participant is unablet to certify tot this statement, it shall attach an explanation to this solicitation/proposal. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on thel Environmental Protection Agency (EPA)ListofViolating: Facilities; 2. Toc comply with all the requirements of Section 114 oft the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official oft the receipt ofany communication fromi the EPA indicating that ai facility to be used for thej performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. Toi include or cause to bei included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria and requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VIofthe Civill RightsActof1964/Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of thel Department ofHealth and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 ofthat Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied thel benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis ofage, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity assistant from the Department. receives Federal financial assistançe from the Department. 29 for which the Applicant receives Federal financial assistance from the Department. PCERSURTILEACIN EDITION) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- Compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 46 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f) ofthe Surface Transportation Assistance Act of1982, section 106(c), of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR part 23 impose requirements for the participation Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2), authorizes the use of A breach by Contractor or any subcontractor, vendor or supplier of any ofthe federal or state laws or regulations applicable to this Project may be grounds for termination oft the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special 330) as supplemented by Department ofLabor regulations (29 CFR part 5). Environmental Protection Agency regulations (40 CFR part 15). 871). made goods. America provisions on1 the procurement of foreign products and materials. ofd disadvantaged business enterprises. competitive negotiation for thej purchase ofr rolling stock as appropriate. or subcontractor. Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner's agents. Tot thei fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, and Owner'sofficers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out ofor relating toi the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuse resulting therefrom, but only tot the extent caused by any negligent act or omission or reckless ori intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. The parties agree that this limit oni indemnification: amount bears ar reasonable commercial relationship tot the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. 30 State Residents Preference. (1)Ifstate funds are utilized on this project, the Contractor shall give preference to the employment ofs state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used int this section, the term "substantially equal qualifications" means the qualifications of two orr more persons among whom the employer cannot make ar reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by b. A contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractor's employment needs in the state'sj job bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforcedi in such an manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination such aj provision. the other person or persons. among the citizens oft the United States. Punch List. Ifthe contract is for thej provision of construction services, Owner shall provide for a single list ofi items required torender the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that thej project has achieved substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor has achieved substantial completion. Owner shall provide the punch list to Contractor not more The final contract completion date must be at least thirty days after the delivery oft thej punch list. Ifthep punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be an estimated cost of than five days after the punch listi is completed. extended by the number of days that Owner exceeded the delivery date. Payment for Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request or invoice or anyone that this agent designates in writing. A contractor's submission ofay payment request or invoice to the identified agent of Owner shall be stamped as received as provided in F.S.218.74(I) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request or invoice is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attorneys' Fees and Costs. In any judicial or alternative dispute resolution technique action toi interpret or enforce any of the terms of this agreement, including any action by Owner to establish the right to indemnification, the parties agree that the prevailing partys shall be entitled to an award of attorneys' fees and costs payable by the non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or necessary to make the payment request or invoice proper. post-judgment collections. 31 Attachment3 CITY OFSEBRING-and- COOL AND COBB ENGINEERING COMPANY Project 5 PARK STREET WATER PLANT PROGRAM DESCRIPTION: In April 2018, the U.S. Department ofHousing and Urban Development (HUD) announced the State ofFlorida, Department ofCommerce would receive $633,485,000i in funding to support long- term mitigation efforts following declared disasters in 2016 and 20171 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible fori funding under this program must harden critical buildings that serve a public safety purpose for local communities. Critical 169. (86FR561). buildings include: Potable water facilities Wastewater facilities Police departments Fire departments Hospitals Emergency operation centers Emergency shelters PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded One Hundred Fifty-Seven Thousand Three Hundred Ninety-Five Dollars and Zero Cents ($157,395.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding fori mitigation efforts tol hardeni the Park Street Water Production Facility. Thej purpose oft this project is to increase thei resiliency of the backup generator power supply system and Thej project will enhance community resilience by ensuring that thel Park Street Water Production Facility remains operational throughout the duration ofanys severe weather event by providing backup power for the equipment at the Water Production Facility. The mitigation activities consist of installation ofa 250kWh diesel generator, one (1)1,000-gallon subbase fuel tank, and automatic transfer switch. The projecti is estimated tol be completed within This project satisfies the Low-to-Moderate Income (LMI) National Objectives requirements with a service area reduce the risk ofay power outage. 481 months. LMI ofover 51%. Engineering Services 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State ofFlorida, including engineering drawings, specifications, construction cost estimate, surveys, 32 and any other reports, documents, or information relevant to this project that meet all local current 2. Contracted engineer shall assist the City with the construction contract, observe work completed, review draw requests, approve draw requests and coordinate any change orders required. hurricane code ratings, local codes and building codes. APPENDIX IITOPART200--CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS Ina addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under thel Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (301 FR 12319, 12935,3CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating tol Equal Employment Opportunity," andi implementing regulations at 41 CFR part 60, "Office ofFederal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." " For this non-construction federally assisted contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60 1.4(a) isi included, herein. (D) Davis-Bacon Act, as amended (40US.C.3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include aj provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at ai rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must be required to pay wages notl less than once a week. Thei non- Federal entity must place a copy of the current prevailing wage determination issued by the Department ofLabor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must also include aj provision for compliance with the Copeland "Anti-Kickback" Act(40U.S.C. 3145), as supplemented by Department ofLabor regulations (29 CFR Part3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to The non-Federal entity must report all suspected or reported violations to thel Federal awarding agency. appropriate. (C) Federal entity including the manner by which it will be effected and the basis for settlement. awarding agency. which he or shei is otherwise entitled. 33 (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 thati involve the employment of mechanics or laborers must include aj provision for compliance with 401 U.S.C. 3702 and 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 oft the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis ofa standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halft times the basic rate of pay for all hours worked in excess of 40 hoursi int the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open (F) Rights to Inventions Made Under a Contract or Agreement. Ift the Federal award meets the definition of "funding agreement" under 37 CFR $ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance ofe experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of37CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended--Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions int the System for Award Management (SAM), in accordance with the OMB guidelines at 20 CFR 1801 that implement Executive Orders 12549(3CFR; part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." " SAMI Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, the requirements outlined in 24 CFR 570.609, pertaining to the use of debarred, suspended or ineligible contractors or Subrecipients, in accordance with the requirements set forthi in 24CFR (I) Byrd Anti-Lobbying. Amendment (31U.S.C. 1352) Contractors that apply or bidi for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds toj pay any person or organization for influencing or attempting toi influence an officer ore employee of any agency, a member ofCongress, officer or employee ofCongress, or an employee ofar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with market, or contracts for transportation or transmission ofintelligence. and any implementing regulations issued by the awarding agency. the Environmental Protection Agency (EPA). (H) Part 5, apply to this program and are incorporated into this Agreement. obtaining any Federal award. (J) See $ 200.323. (K) See $ 200.216. (L) See $ 200.322. Such disclosures are forwarded from tier to tier up to the non-Federal award. 34 $200.323 Procurement of recovered materials. An non-Federal entity that is a state agency or agency ofa political subdivision ofas state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines oft the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level ofc competition, where the purchase priçe of thei item exceeds $10,000 or the value oft the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Ther requirements ofthis section must be included in alls subawards including all contracts (b) For purposes of this section: (1) "Produced in the United States" means, fori iron and steel products, that all manufacturing processes, from thei initial melting stage through the application ofcoatings, occurred in the United 2)"Manufactured, products" meansi items and construction: materials composed in whole ori inj part ofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such $200.216 Prohibition on certain elecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: guidelines. $200.322 Domestic preferences for procurements. and purchase orders for work or products under this award. States. as concrete; glass, including optical fiber; and lumber. (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew: a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component ofany system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (ini) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of] Defense, in consultation with thel Director of the National Intelligence or the Director ofthel Federal (b) Ini implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. or2 ZTE Corporation (or any subsidiary or affiliate ofs such entities). Technology Company (or any subsidiary or affiliate of such entities). Bureau ofl Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government ofa covered foreign country. (c): Seel Public Law 115-232, section 889 for additional information. (d) See also $ 200.471. area firms. $200.321 Contracting with small and minority businesses, women's business enterprises, and laborsurplus 35 (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b). Affirmative steps must include: (1)Placing qualified small andi minority businesses and women's business enterprises on solicitation lists; (2)Assuring thats small andi minority businesses, and women'sb business enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency oft thel Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; small and minority businesses, and women's business enterprises; and paragraphs (1)t through (5) ofthis section. Section 3 All Section 3 covered contracts and subcontracts must include the following clause: I. The work to be performed under this contract is subject to the requirements of Section 3 ofthe Housing and Urban Development Act of 1968, as amended, 12 USC.170lu (Section 3). The purpose of Section 3ist to ensure that employment and other economic opportunities generated by HUDassistance, orHUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients ofHUD assistance for housing. II. Thej parties tot this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution oft this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, ifa any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship: and training positions, the qualifications for each; the name and location of the person(s) taking applications for each oft the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofther regulations in 24CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the V. The contractor will certify that any vacant employment positions, including training positions, that are (1) after the contractor is selected but before the contract is executed, and (2) with persons othert than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were regulations. regulations in 24 CFR part 75. filled not filled to circumvent the contractor's obligations under 24 CFR part 75. 36 VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of thel Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b)agree to comply with Section 31 tot the maximum extent: feasible, but noti in derogation ofc compliance with section 7(b). With respect to work performed inc connection with Section: 3 covered Indian housing assistance, Section 7(b) oft the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject tot thej provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted ii. Reporting. Ift the subrecipient'si reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature ofi its activities and those its ii. Recipient will comply with any Section 31 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting extent feasible, but not in derogation of compliance with Section 7(b). C.. b.S Section3 3 Benchmarks and] Reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type ContractType RFP Fixed Price RFQ ITB (Construction) Reimbursement Time and Material Requirements for ALLO Contracts Federal Funding Source and Authority Statement of Work Schedule for Completion Period of Performance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement of] Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix II to 2CFR 200 Administrative, Contractual, or Legal Remedies for] Non-Performance Compliance with Small, Minority, and Women's Affirmative Hiring Steps Prohibition on Certain' Ielecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause ttps/www.ectrgov/currenuhitle2section-200.321 Domestic Preference tps/wwweetrgov/currenvhitle2section-200.322 Recovered Materials itps/wwwectrgovcurentitle2section-200.323 Telecommunications htps/wwweelrgov/eurrenlile2ksection-200.216 Federal Clauses Appendix II to] Part 200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts ttps/www.ect.gect.gov/curentile-4lsubile-Blchapter-60part-60-300subpart-A/section-60- 300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of] Homeland Security'sE-Verify system can be found at: htps/wweverfsow. Ina accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency ora a contractor ors subcontractor thereofn may note enter into a contract unless each party to (2) An employer shall verify each new employee'semployment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E- the contract registers with and uses the E-Verify system. Verify system to verify a new employee'se employment eligibility. 40 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: 1. Bidder must be registered with www.SAM.goy with as status of"Active' and have no Active Exclusions 2. 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 3. have not withinat three-year period preceding this certification been convicted of or had a civilj 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; 4. 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 5. have not within a three-year period preceding this certification had one or more federal, state, or local The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless cited. agency; certification; and government public transactions terminated for cause or default. authorized by St.J Johns County. Handwritten Signature of Authorized Principal(s): NAME (print): James Moson Cobb SIGNATURE: TITLE: President DATE: 1-3-25 NAME OF FIRM: Cool and Coobo Engnewing Conpany 41 CONSULTANT SERVICES AGREEMENT (Project 6-1 Firemen's Field Water Plant - CDBG-MIT Project 10153) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, a Florida municipal corporation, (herein called "City") and COOL. AND COBB ENGINEERING In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency ofwhich are hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1- General Terms and Conditions, Attachment 2 Legal Provisions, and Attachment 3 - Description ofthel Project scope and fee, and all Modifications issued subsequent hereto. The Contract Documents form the "Contract." The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may be amended or modified only by a Modification. A"Modification" isa written amendment to the Contract signed by both parties or a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days of approval thereof. COMPANY, a Florida corporation, (herein called "Consultant"). 3. Scope of Work. See Attachment: 3. for satisfactory ofthe Scope of Work. 4. Compensation. Consultant shalll be paid $27,770.00, which includes all fees, costs, charges, and expenses, 5. The term of this Agreement is two (2) years, beginning January 7, 2025 and ending January 6, 2027, unless sooner terminated as provided in the Contract Documents or extended by agreement of the parties. 6. The Contract may be terminated as provided in Attachment 1, and in the event City does SO, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the A. Use by City ofthe Work Product is at City'ss sole risk and without liability or legal exposure to Consultant 7. Allo documents provided by Consultant to City shall be in both hard copy and in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF following: or anyone working by or through Consultant, including design professionals. B. Consultant is paid by City all monies due under subparagraph 5 above. PROFESSIONAL SERVICES HEREUNDER. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Attest: By: Roland Bishop, Council President Printed Name: Kathy Haley, City Clerk (corporate seal) asline Ketinon Printed Name: Eaclene Robinsoo AELGS COOL AND COBB ENGINEERING COMPANY,aFlorida corporation By: James-Mason Cobb, President (corporate seal) 2 ATTACHMENTI GENERALTERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement aF Florida municipal corporation (herein referred to as the "CITY") and COOL AND COBB ENGINEERING (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, COMPANY, al Florida corporation, (herein referred to as the "CONSULTANT"). ARTICLEI- PAYMENTSTOCONSULTANT The CONSULTANT will bill the CITY at the amounts set forth int the Schedule of Payments for services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion of services outlined in the Scope of Work developed for each authorization. ARTICLE2- REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list of the types of expenditures eligible for reimbursement. All requests for payment of"out-ofpocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms of the Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. ARTICLE3-1 PAYMENTOF INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services have been rendered in conformity with the Contract orapplicable Consultant Services Agreement. Invoices must reference the current purchase order number(ifany). Payment shall be made in accordance with the Consultant Services Agreement for specific projects. ARTICLE4-TRUTHN-NEGOTATIONCERTIFICATE The signing of the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided fori in the Contract and that Consultant Services Authorization are accurate, complete and The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as of the date of the Contract and that Consultant Services Authorization. within one year following final payment. 3 ARTICLES-TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of the Contract through no fault ofthe CONSULTANT. Itmay also bet terminated by the CITY with or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid for services rendered to the CITY through the date of termination. After receipt ofa' Termination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of Transfer all work inj process, completed work, and other material related to the D. Continue and complete all parts of the work that have not been terminated. terminated work. terminated work to the CITY. ARTICLE6- PERSONNEL relationship with the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual All of the services required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions inj the CONSULTANT's key personnel as may be listed herein must be made known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law to perform such services. become effective. ARTICLE7-KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant Thomas LaPerreire, AIA Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 Contact Person for CITY ARTICLE8-SUBCONTRACTING For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all: facilities of any subcontractors in order tor make ac determination as tot the capability ofthe subcontractor toj perform properly under the Contract. The CONSULTANTi is encouraged to seek minority 4 and women business enterprises for participation in subcontracting opportunities. Ifa subcontractor fails toj perform or make progress, as required by the Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. ARTICLE9-F FEDERAL ANDSTATETAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT: shall not be exempted from paying sales tax toi its suppliers for materials toi fulfill contractual obligations with the CITY, nors shall the CONSULTANT be authorized to use the CITY'sTax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment of its own taxes. ARTICLE 10 - AVAILABILITY OF FUNDS The obligations of the CITY under the Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the CITY OF SEBRING. ARTICLE 11 -] INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. Alli insurance policies shall be issued by companies authorized or approved to do business under the laws ofthe State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance with minimum limits of$2,000,000 per occurrence and annual aggregate. Ifaclaims made form ofcoverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide ai retroactive date no later than thei inception date of claims made D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well asi from claims fromj property damage, which may arise from the ownership, use, or maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. required under this paragraph and that insurance has been approved by the CITY. CONSULTANT ofits liability and obligations under the Contract. coverage. 5 F. The CONSULTANT shall maintain, during the life of the Contract, adequate Workman's Compensation Insurance and Employer'sLiability, Insurance in at least such amounts as are required by law for all ofits G.Alli insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant to the Contract. CONSULTANT shall specifically include the CITY as an "Additional Insured". ASTCEI-STANDADOECANE The CONSULTANT covenants that all serviçes shall be performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLE 13 - INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT'S liability for indemnification: shall be limited to $2,000,000.00. ARTICLE 14 - SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of the Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in the Contract without the written consent of the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent oft the CITY which may be aj partyl hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE 15 - REMEDIES The Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Highlands County, Florida, and the Contract will be interpreted according to the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and: shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party ofany right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE16- CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further TheCONSULTANT shall promptly notify the CITY in writing ofpotential conflicts ofinterest for any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the represents that no person having any interest shall be employed for said performance. 6 association, interest or circumstance would, ini the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by certified mail within 30 days of receipt ofnotification by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall sO state in the notification, and it shall be deemed not to be a conflict of interest with respect to services provided to the CITY by the CONSULTANT under the terms of the Contract. ARTICLE 17 - EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are not limited to: acts ofGod, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT's: failure to perform was due to causes reasonably beyond the CONSULTANT'S control and without its fault or negligence, the Contract Schedule and/or other affected provision of the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at CONSULTANT shall be responsible for the timely completion of subcontractor's work. any time. ARTICLE 18 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form ofi indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE 19 -) DISCLOSURE, ANDOWNERSHIP OF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files ofall final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information not in the public domain or not previously known, and alli information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY's prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANTi) paid for its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or at the CITY's expense shall be and remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in If, however, the CITY uses for any other purpose the CONSULTANT'S documents, drawings, and specifications, ori reuses them without written verification or adaptation by the CONSULTANT for the specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the CONSULTANT's independent professional associates or consultants. Any such verification or adaptation will Drawings. its property and may be reproduced and reused at the direction oft the CITY. derogation of any right therein reserved by the CONSULTANT. 7 entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs of the exterior andi interior, among the CONSULTANTAPomationt and professional material. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT of the specific information considered to be confidential or proprietary. CONSULTANT. ARTICLE20 - INDEPENDENT CONSULTANT RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract an independent contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any ofthe work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents of the CITY. representation other than specifically provided for in the Contract or amendment thereto. ARTICLE21- CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making ofthe Contract. ARTICLE22 - ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for at least three (3)years after completion of the Contract. The CITY shall have access to such books, records, and documents as required ini this section for the purpose of inspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLE23- -1 NONDISCRIMINATION The CONSULTANT represents, to the best of its knowledge, that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARTICLE24- - COMPLIANCE WITH DAVIS-BACON ACT REQUIREMENTS The CONSULTANT hereby agrees, where required on Federal Grant assisted projects, to comply with applicable portions of the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract in order to comply with Federal guidelines applicable to Grant Assisted projects which may be undertaken by the CITY. ARTICLE25 -S SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE26- ENTIRETY OF CONTRACTUALAGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None oft the provisions, terms and conditions contained int the Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE27- - ENPORCEMENTCOSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment ofar right toi indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even ifr not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE: 28 - AUTHORTYTOPRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration of the Contract a current certificate of registration required under Florida Statutes. ARTICLE29- - SEVERABILITY Ifany term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unentorceable, the remainder ofthe Contract, or the application ofsuch term or provision, toj persons or circumstances other than those as to which iti is held invalid or unenforceable, shall not be affected, and every other term and provision of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE30 - AMENDMENTS AND MODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each of the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the CITY'snotification ofa contemplated change, the CONSULTANT shall, if requested by CITY: (1) provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITY in writing ifthe contemplated change shall effect the CONSULTANTsabiliy to meet the completion dates If the CITY so instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the CONSULTANT shall not commence work on any such change until such written amendment or change order has parties. or schedules of the Contract. by a contemplated change, pending the CITY's decision to proceed with the change. been issued and signed by each oft the parties. 9 ARTICLE31- CITY'S RESPONSIBILITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the A. Provide full information regarding requirements for the projects and tasks, including a program which shall set forth the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and I Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes of service and fulfilling D. Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the E. 1 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO Contract, the CITY shall: sequential progress of the CONSULTANT's: services. project or task objectives. Contract. as not to delay the services of the CONSULTANT. F. Bear all costs incident to compliance with the requirements of this Article. ARTICLE32- -I NOTICE shall be mailed to: All notices required in the Contract shall be sent certified mail, return receipt requested, and if sent to the CITY City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 and if sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 ARTICLE33- PUBLIC ENTITY CRIMES A person or affiliate whol has been placed on the convicted vendor list following a conviction for a public entity crime may not submit al bid, proposal, or reply on a contract to provide any goods or services to a public entity; may nots submit a bid, proposal, or reply on a contract with a public entity for the construction or repair ofap public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; 10 may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that it is not subject to denial or revocation ofthe right to transact business with public entities pursuant to s. 287.133, Florida Statutes. CONSULTANTaSaowidges that City isa drug-free work place. CONSULTANT covenants that all employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute ARTICLE34-1 DRUG-FREE WORKPLACE 287.087. ARTICE3-SCRUTNZED: COMPANIES By signing the Contract, CONSULTANT certifies that iti is not ineligible, pursuant tol Florida Statute 287.135, to bid on, submit aj proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option CONSULTANT is found to have submitted a false certification pursuant to section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract ati its optioni iFCONSULTANT: is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of Israel. ARTICLE36-1 LAWS AND] REGULATIONS the Work and the protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of ARTICLE37- RESPONSIBILITY FORTHOSE PERFORMINGTHE WORK CONSULTANT shall be responsible to City for the acts and omissions of all its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTICLE38- PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is noti inserted, ori is not correctly inserted, then upon application ofeither party, the contract shall forthwith be physically amended to make such insertion or correction. ARTICLE39-SAFETY AND HEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be 39.1 CONSULTANT shall comply with all applicable laws, ordinançes, rules, regulations and orders ofany public authority having. jurisdiction for the safety of persons or property or to protect them from damage, applicable to this Project. injury or loss. 11 ARTICLE4 40-1 DEFAULT Subject to the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for the interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy or in post judgment collections. CONSULTANTis required tol keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service sought herein. CONSULTANT is required to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arei not disclosed except as authorized by law andi must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City ina format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, kathyhaley@mysebring.com or 368 SOUTH COMMERCE AVENUE, SEBRING, ARTICLE 41 - PUBLIC RECORDS FL33870. ARTICLE42-PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with a public entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases ofreal property to aj public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess oft thet threshold amount provided in s. 287.017 for CATEGORYTWO for a period of: 361 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with the provisionsofFloridai Statute 287.133, and further certifies that neither it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment 2 LEGAL PROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required by lawi in order for Contractor tor render its services hereunder. Contractor shall require all ofi its subcontractors to comply with the provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use thel E-Verify system to verify the work authorization status ofall newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses (b) 1. Ifa contractor enters into a contract with as subcontractor, the subcontractor must provide the contractor with an affidavit stating that thes subcontractor does not employ, contract with, or subcontract with an unauthorized (c) 1. Aj public employer, contractor, or subcontractor who has a good faith belief that aj person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with the person or entity. 2. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and 3. Acontract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifa public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by a public employer as a result of thet termination thel E-Verify system. alien. 2. The contractor shall maintain a copy of such affidavit for the duration of the contract. order the contractor to immediately terminate the contract with the subcontractor. may not be considered as such. was terminated. ofa contract. Legal Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor represents and warrants unto Owner that no offiçer, employee or agent ofOwner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that it has not paid or agreed top pay any person, company, corporation, individual or firm, other than al bona fide employee working solely for Design/Builder (collectively "Contractor"): 13 Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofany firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each of its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all of its CIVIL RIGHTS ACTOF 1964.TITLEVI- CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest 1.1 Compliance with Regulations. The contractor shall comply with thel Regulations relative to nondiscrimination inf federally assisted programs oft thel Department ofTransportation (hereinafter, "DOT")Title 49, Code ofFederal Regulations, Part21, as they may be amended from time tot time (hereinafterreferredi to as thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly ori indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.4] Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required ofa contractor is in the exclusive possession ofa another who fails or refuses to furnish this information, the contractor shall SO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by thel Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, services to be performed hereunder. subcontractors to comply with the provisions of this paragraph. (hereinafter referred to as the' contractor")agrees as follows: are herein incorporated by reference and made aj part oft this contract. when the contract covers a program set forth in Appendix B of the Regulations. nondiscrimination on the grounds of race, color, or national origin. as appropriate, and shall set forth what efforts it has made to obtain the information. including, but not limited to: b.Cancellation, termination, or suspension ofthe contract, in whole or in part. 14 litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) in the furnishing ofs services to Owner hereunder, no person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall bee excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department ofTransportation - effectuation of Title VI and Title VIII of the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or she is authorized to provide, undertake for such person the obligations contained int this section. Contractor shall furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insure that no person shall on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures that it willi require that its covered subcontractors provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing ofs services to the Owner, and Contractor agrees that it will adopt any such requirements as a part Non-Diserimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. No] person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination ini the use of said facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds ofrace, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall uset the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Tramsporamionifectution of Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil! Rights That in the event of al breach of any oft the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR United States to enter into such litigation toj protect the interests of the United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. ofthis Contract. hereof, does hereby covenant and agree that: Act of 1968, and as said Regulations may be amended. 15 Chapter 60, which is paid for iny whole or in part with funds obtained from the Federal Government or borrowed on the credit of thel Federal Government pursuant toa grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes (6) In the event oft the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any oft the said rules, regulations, or orders, this contract may be cançeled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary ofLabor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as ar means ofenforcing such provisions, including sanctions for noncompliance: Provided, however, that int the event ac contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United Statest to enter into such litigation ofthist nondiscrimination clause. color, religion, sex, or national origin. conspicuous places available to employees and applicants for employment. thei rules, regulations, and relevant orders of the! Secretary ofLabor. ofinvestigation to ascertain compliance with such rules, regulations, and orders. toj protect thei interests oft the United States. 16 EEO COMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100/EE0-P)promulgated, jointly by the Office ofFederal Contract Compliance Programs, the Equal Employment Opportunity Commission and] Plans for Progress or such form as may hereafter bey promulgated ini its place ifsuch prime contractor or subcontractor (i) is not exempt from the provisions ofthese regulations in accordance with Sec. 60-1.5;( (ii) has 50 or more employees; (ii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves asa depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report ifit meets requirements of (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting ora administering agency within 30 days after the award tol him ofa contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failure toi filet timely, complete and accurate reports as required constitutes noncompliance with the prime paragraphs (a)(1)(), (ii), and (iv) of this section. require. The Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with Part 60-2: Affirmative. Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-2 of this chapter; (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (iii) whether itl has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as thel Deputy Assistant Secretary requests prior to the award of the contract ors subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as STANDARDI FEDERAL EQUALEMPLOYMENTOPPORTUNITY CONSTRUCTION CONTRACT reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. SPECIFICATIONS. 41 CFR Part 60.4.3 1. As used in these specifications: a." "Covered area" means the geographical area described in the solicitation from which this contract resulted; b."Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department c." "Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom the Director delegates authority; Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 17 d."Minority" includes: origin); (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which. it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to 4. The contractor shall implement the specific affirmative action standards provided within these specifications. The goals set forth ini the solicitation from which this contract resulted are expressed as percentages of thei total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. Ino order for the non-working training hours ofapprentices and trainees to be counted ini meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion oft their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved Spanish culture or origin regardless ofrace); East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and community identification). which is set forth in the solicitations from which this contract resulted. achieve thel Plan goals and timetables. in meeting its goals in each craft during the period specified. pursuant thereto. by the U.S. Department ofLabor. 18 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, andi in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor ori its unions have employment opportunities available, and maintain a record oft the organizations' responses. C. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, ifreferred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Provide immediate written notification tot the Director when the union or unions with which the contractor has a collective bargaining agreement. has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's EEO policy by providing notice ofthep policy to unions andi training programs and requesting their cooperation in assisting the contractor ini meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it int the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior tot thei initiation of construction work at any. job site.. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally by including iti in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or steps at least as extensive as thei following: working at such sites or in such facilities. whatever additional actions the contractor may have taken. contractor's efforts to meet its obligations. under 7b above. employees at each location where construction work is performed. subject matter discussed, and disposition of the subject matter. 19 anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority andi female students; and tor minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both k. Validate all tests and other selection requirements where there is an obligation to do sO under 41 CFR Part 1.C Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m.] Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation ofsolicitationston minority and female contractor p. Conductareview, at least annually, ofalls supervisor'sa adherence to andj performance under the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations. The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more ofi its obligations under these specifications provided that the contractor actively participates ini the group, makes every effort to assure that the group has aj positive impact on the employment ofminorities and women int the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makesa good faith effort to meeti its individual goals andi timetables, and can provide access to documentation which demonstrates the effectiveness ofactions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, ifthe particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved itsg goals for women generally,) the contractor may be in violation oft the Executive Order ifa specific minority screening procedures, and tests to be used in the selection process. on the site and in other areas ofa contractor's workforce. 60-3. training, etc., such opportunities. out. associations and other business associations. EEO policies and affirmative action obligations. toi fulfill an obligation shall not be a defense for the contractor's noncompliance. group of women is underutilized. 20 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order 11246, as amended, andi its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive. as those standards prescribed in paragraph 18.7ofthese specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with thei requirements ofthel Executive Order, thei implementing regulations, or these specifications, 14. The contractor shall designate ai responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation ifa any, employee identification number when assigned, social security number, race, sex, status (e.g, mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in thei indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for a period of six years following the completion and closeout of the project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General of the United 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring ofl local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development any person because ofrace, color, religion, sex, or national origin. contracts pursuant to Executive Order 11246. thel Director shall proceed in accordance with 41 CFR 60-4.8. States. Block Grant Program). CERTIFICATIONOFI NONSEGREGATED FACILITIES- 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors: 1.A Certification of] Non-segregated Facilities shall be submitted prior to the award ofa federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of thet following notice toj prospectives subcontractors for suppliesando construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions oft the Equal Opportunity Clause. NOTE: The penalty Clause. for making false statements in offers is prescribed in 18 U.S.C. 1001. 21 Notice to] Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions ofthe Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions oft the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions ofthe Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofhis establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach of this certification is a violation oft the Equal Opportunity Clause in As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin because ofhabit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she or he will retain such certifications in his files. NOTICEOFI REQUIREMENTFOR AFFIRMATIVE ACTION- -41 CFR PART60-2 Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ofa al Member of Congress in connection with the making of any Federal 2. Ifany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, al Member ofC Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records: Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of grant and the amendment or modification of any Federal grant. itsi instructions. 22 information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whether there hast been compliance withs said] Regulations and directives. Where any information required ofContractor isi in the exclusive possession ofanother who fails or refused to furnish this information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofs six (6); years after the termination of the Contract. Records shall be made available to the public per Chapter 1191 Florida Statutes; and shall be made available to the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, thel Florida Auditor General, and Comptroller General of the United States. In the event of breach of any oft the above nondiscrimination covenants, Owner shall have the right toi impose such contract sanctions asi it or other applicable government entity may determine to be appropriate, including with- holdingi payments to Contractor under this Contract or canceling, terminating, or suspending this Contractin whole or in part. The rights granted to Owner by thei foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration ofa appeal rights. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation oft the clause set forth in paragraph 1 above, in thes sum of $10 for each calendar day on which suchi individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized: representative of the Department ofLabor 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 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as provided ini the clause set forth inj paragraph 2 above. subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. ACCESS TO RECORDS AND REPORTS The Owner, as well as the public pursuant tol Florida Statutes Chapter 119, shalll have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are 23 directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records oft the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than six years transcriptions. after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofs services contracts awarded by the Owner, including, but notl limited to, contracts financedi in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of49 CFR Part 26 in the award and administration ofDOT assisted contracts. Failure by the contractor to carry out these requirements isa material breach oft this contract, which may result in the termination ofthis contract or Prompt Payment. The prime contractor agrees toj pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than fourteen (14) days from the receipt of each payment, including retainage, that thej prime contractor receives from City of Sebring. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Sebring. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms ofa contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, Participation Policy apply to this Contract. such other remedy, as the recipient deems appropriate. clause applies to both DBE and non-DBE subcontractors. national origin, or sex in the award and performance ofOwner contracts. DBE Administration. 1. EligibilityofDBEs: Those firms currently certified asl DBE's by the Florida Department ofTransportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review ofa potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding 24 certification oft the potential DBE. Previous acceptance ofal DBE by the State or Owner does not ensure 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE's that perform a commercially useful function in the work ofthe contract. A DBE performs a commercially useful function when it is responsible for execution ofa distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors willl be evaluated. Ifconsistent with industry practices, al DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontracta a portion of the work upt toi thea amount allowed under standard: subcontracting contract provisions ofr normal industry practices. A DBE is presumed nott to be performing: a commercially b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the 2) Sixty percent ofexpenditures toal DBEI regular dealer will be counted toward thel DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution Nocredit willl be given toward the DBE goal, ifthe prime contractor makesa a direct payment to a non-DBE material supplier. However, it willl be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used inal DBE firm's work when those costs are paid by a deduction from the prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehiçle liçense number; truck d. Joint Venture: When a joint venture contract is involved, the Owner shall count towards the DBE goal that portion of the contract total dollar value equal tot the percentage of ownership and control acceptance on this project. following: useful function ifthel DBE is performing outside these guidelines. and supplies: premises the materials or supplies that are obtained by the contractor. equipment. making remittance to the DBE: firm and material supplier jointly. payment(s) to the DBE firm. number; and a complete record of the contract fees paid to them. 25 ofe each DBE firm within thej joint venture. Such crediting is subject to the owner's acceptance of thej joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE: for specific contract items of work, (2) Capital participation by the DBE, (3) Specific equipment to be provided by thel DBE, (4) Specific responsibilities of thel DBE regarding control oft the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. Thej joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and (1) The names, addresses, contact persons, phone numbers, and category of DBE firms tol be (2). Al list of the bidi items ofwork to be performed by the DBE and the percent tol be credited (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided with thel bid. The Owner may request additional DBEi information and may allow the bidders, upt to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed. DBE participation. Prior to awarding the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is Good] Faith Efforts: Ifthe bidder is unable to meet the DBE goal, thel bidder must submit evidence ofg good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include (1) Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units toi facilitate DBE participation. Selection of portions (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of will not be considered. The information furnished shall consist of: used on the contract; toward the DBE goal; (3) The dollar value of each of thel DBE work items; and demonstration of the good faith efforts taken to meet the DBE goal. accurate and complete. but are not limited to: of work shall be at least equal to the DBE goal. 26 work and shall be sent to a reasonable number ofDBE's qualified to participate in the contract. (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact andi information on further contacts madet to determine with certainty ifthe DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadyantaged-focus media concerning subcontracting opportunities. Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet thel DBE goal and would not constitute (1) Thel DBE was unable to provide adequate performance and/or payment bonds. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit (5) The prime contractor would normally perform all or most of the work included in this ofcredit required by the contractor. placement of DBE's. a good faith effort: (2) A reasonable DBE bid was rejected based on price. (4) Union versus non-union status of thel DBE firm. bid price. contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than fulll DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of IfaDBEisu unwilling or unable toj perform the work specified, the contractor shall request fromi the Owner, relief from the obligation to use that DBE. Efforts willl be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE toj perform an equal dollar value ofa allowable credit. Ifai new DBE cannot be found, the contractor shall: submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount ofe each item. the contract toi increase the DBE participation to meet the contract goal. 27 The owner shall approve the new DBE before the DBE starts work. Ift the contractor fails to conform to the approved DBE participation or ifi it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the owner is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record ofl DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value ofs such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be Final DBE Certification: Upon completion of thei individual DBE: firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE: firm. This certification shall be signed by both the prime contractor and the DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance Rights To Inventions. All rights toi inventions and materials generated under this contract are subject to Contract Time. If the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other contractors ort to require Contractor tol hire sufficient skilled workers for Contractor to recover lost time and complete the Project on time. Any additional costs associated with this will be borne by original Contractor. DBE obligations. The records shall include but are not limited to: documented. with the Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner oft the Federal grant under which this contract is executed. Owner has the right tor refusea a subcontractor for goodi faith concern about the ubconraorscompatemc. Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required on such' Work or part ofthe Work, until evidence is presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department of Management Services determines that those products or materials are available. solvency or fitness to perform timely. duties, obligations, rights, or remedies. to countersign such commitments have done so." 28 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptançe of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and: subcontracts. Wheret the Contractor or any lower tier participant is unable to certify to this statement, its shall attach an explanation to this solicitation/proposal. CLEANAIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA)List ofViolating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 oft the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official oft the receipt ofany communication from thel EPA indicating that a facility tol be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria and requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VIofthe Civil Rights Act of1964(Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to thel Regulation of the Department ofHealth and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 oft that Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all: requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity assistant from thel Department. receives Federal financial assistance from the Department. 29 for which the Applicant receives Federal financial assistance from the Department. CRSURTILEATCLAI EDITION) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- Compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 46 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistançe Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f) oft the! Surface Transportation Assistance Act of1982, section 106(c), oft the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR part 23 impose requirements for the participation Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2), authorizes the use of A breach by Contractor or any subcontractor, vendor or supplier of any of the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special 330) as supplemented by Department of Labor regulations (29 CFR part5). Environmental Protection Agency regulations (40 CFR part 15). 871). made goods. America provisions on the procurement of foreign products and materials. of disadvantaged business enterprises. competitive negotiation for the purchase of rolling stock as appropriate. ors subcontractor. Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner's agents. Tot thei fullest extent permitted by law, Contractor: shall indemnify and hold harmless Owner, and Owner'sofficers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuse resulting therefrom, but only to the extent caused by any negligent act or omission or reckless or intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. The parties agree that this limit on indemnification amount bears ar reasonable commercial relationship to the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. 30 (1) Ifstate funds are utilized on this project, the Contractor shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used in this section, the term "substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot makear reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by b. Ac contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractorsemployment needs in the state'sj job bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination such aj provision. the other person or persons. among the citizens oft the United States. Punch List. Ifthe contract is for the provision of construction services, Owner shall provide for a single list of items required toi render the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor: and Owner agree that thej project has achieved: substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor has achieved substantial completion. Owner shall provide the punch list to Contractor not more The final contract completion date must be at least thirty days after the delivery of the punch list. If the punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be an estimated cost of than five days after the punch list is completed. extended by the number of days that Owner exceeded the delivery date. Payment for Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request ori invoice or anyone that this agent designates in writing. A contractor's submission ofa payment request or invoice to thei identified agent of Owner shall be stamped as received as provided in F.S.2 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice withint twenty business days after the date on which the payment request ori invoice is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attorneys' Fees and Costs. In any. judicial or alternative dispute resolution technique action toi interpret or enforce any of the terms of this agreement, including any action by Owner to establish the right to indemnification, the parties agree that the prevailingi party shall be entitled to an award of attorneys' fees and costs payable by the non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or necessary to make the payment request or invoice proper. post-judgment collections. 31 Attachment 3 Project 6 CITY OF SEBRING - and - COOL. AND COBB ENGINEERING COMPANY FIREMEN'S FIELD WATER PLANT Comprehensive Narrative Statement The Fireman's Field Water Plant Generator is located at 741 S. Commerce Ave., Sebring, FL, 33870. The existing Generator is old and reaching the end ofi its service life. The generator is considered ai required critical facility as a part oft the City Water Supply System. Due to concern for the generator, the City had an evaluation done on the generator in June of 2020. The independent engineering company, Blot Engineering, Inc., completed the evaluation on the generator and their findings were made a part ofa previous City of Sebring RFQ23-012.7 This The existing 230 KW generator and Automatic Transfer Switch (ATS) were recommended to be replaced with Since the Blot Engineering Inc. Report is three years old, and the Florida Building Code has changed, the firm that is awarded this RFQ will need to verify the findings of the Blot Engineering, Inc. report. The firm will also need to see ifthere are any additional upgrades that will need to be completed on the generator to bring it up to Cool and Cobb Engineering Company plans to inspect the generator and ATS all of the required improvements, report will serve as the basis ofther needs oft this Proposal. new units. the required Codes. so thel Fireman's Field Water Plant Generator can provide a safe and longstanding system. Anticipated Project Timeline: 1. Complete HUD Environmental Review. 2. Review "Release of Funds." 4. - Complete Engineering Design. Estimated completion date 07/01/2024. Estimated completion date 09/01/2024. Estimated completion date 03/01/2025. Estimated completion date 06/01/2025. Estimated completion date 09/01/2025. Estimated completion date 11/01/2025. Estimated completion date 12/01/2025. Estimated completion date 03/01/2026. Estimated completion date 05/01/2026. 3. Evaluation of existing system including video of all lines being considered. 5. Submit final Bid Documents and Permits to DEO. 7. Preconstruction Conferenee/Consirnuction Execution. 6. I Bid Project. 8. Construction Completion. 9. Project Closeout. PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded One Hundred Forty-Three Thousand Eight Hundred Ten Dollars and Zero Cents ($143,810.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding for mitigation efforts to harden the Fireman's Field Water 32 Production Facility. Thej purpose oft this project is toi increase the resiliency of the backup generator power supply system and reduce the risk ofaj power outage. The Fireman's Field project will satisfy the Urgent Need National Objective as 40.9% oft the population within the area ofbenefit for this facility consist of low to moderate income residents. This project will enhance community resilience by ensuring that thel Fireman's Field Water Production Facility remains operational throughout the duration of any severe weather event by providing backup power for the equipment at the Water Production Facility. The mitigation activities consist of installation ofa 230KWH diesel generator with a 500-gallon subbase fuel tank and an automatic transfer switch. The project is estimated to being October 1,2024 and is expected to be completed within 48 months of execution ofthis Agreement. There are no leveraged or matching funds included in this project. The team, overseeing this project consists of the City Administrator, Utilities Director, Assistant City Administrator, and selected contractor(s). ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 2-1 Engineering Services Tasks that are eligible for reimbursement are as follows: 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project that meet all local current 2. Contracted engineer shall assist the City with the construction contract, observe work completed, review draw requests, approve draw requests and coordinate any change orders required. hurricane code ratings, local codes and building codes. APPENDIX, MTOFARTAN-CONTRACTI PROVISIONS FOR NON-FEDERAL, ENTITY CONTRACTS UNDER FEDERAL. AWARDS In addition to other provisions required by the Federal agency. or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (301 FR 12319, 12935,3C CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 'Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofLabor." For this non-construction federally assisted contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60 1.4(a) is included, herein. appropriate. (C) Federal entity including the manner by which it will be effected and the basis for settlement. 33 (D) Davis-Bacon Act, as amended (40 U.S.C.3 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required toj pay wages tol laborers and mechanics at ai rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy oft the current prevailing wage determination issued by thel Department ofLabor ine each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must also include aj provision for compliance with the Copeland "Anti-Kickback" Act (40U.S.C. 3145), as supplemented by Department ofLabor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include aj provision for compliance with 40 U.S.C.3 3702 and 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis ofa standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halftimes the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.3 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open (F) Rights to Inventions Made Under a Contract or Agreement. Ift the Federal award meets the definition of "funding agreement" under 37 CFR S 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of37CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," (G) Clean Air Act (42 U.S.C. 7401-76714.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended- - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 20 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 that implement Executive Orders 12549(3CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.2 235), "Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, thei requirements outlined in 24 CFR 570.609, pertaining to the use of debarred, suspended or ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR awarding agency. which he or shei is otherwise entitled. market, or contracts for transportation or transmission ofi intelligence. and any implementing regulations issued by the awarding agency. the Environmental Protection Agency (EPA). (H) Part 5, apply to this program and are incorporated into this Agreement. 34 (I) Byrd Anti-Lobbying Amendment (31U.S.C. 1352) Contractors that apply or bidi for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will: not and has not used Federal appropriated funds to pay any person or organization fori influencing or attempting to influence an officer ore employee ofany agency, a member ofCongress, officer or employee ofCongress, or an employee ofai member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. (J) See $200.323. (K) See $2 200.216. (L) See S 200.322. Such disclosures are forwarded from tier to tier up to the non-Federal award. $200.323 Procurement of recovered materials. Ar non-Federal entity that isas state agency or agency ofa political subdivision ofa state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where thej purchase price of the item exceeds $10,000 or the value ofthe quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of reçovered materials identified in the EPA guidelines. $200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under al Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements ofthis section must be included in all subawards including all contracts (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from thei initial melting stage through the application of coatings, occurredi int the United (2)"Manufactured, products" means items and construction materials composed in whole ori in part ofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such $200.2161 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: and purchase orders for work or products under this award. States. as concrete; glass, including optical fiber; and lumber. (1) Procure or obtain; (2) Extend or renew a contract toj procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. or ZTE Corporation (or any subsidiary or affiliate of such entities). Technology Company (or any subsidiary or affiliate of such entities). 35 (iri) Telecommunications or video surveillance equipment or services produçed or provided by an entity that the Secretary of Defense, in consultation with thel Director of thel National Intelligence or the Director of the Federal (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. Bureau ofInvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government ofa covered foreign country. (c): Seel Public Law 115-232, section 889: for additional information. (d) See also $2 200.471. area firms. $200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b). Affirmative steps must include: (1)Placing qualified small and minority businesses and women'sb business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and thel Minority Business Development Agency of the Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; small and minority businesses, and women's! business enterprises; and paragraphs (I)through (5) ofthis section. Section 3 All Section 3 covered contracts and subcontracts must include the following clause: The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12USC.1701u (Section 3). The purpose of Section 3ist to ensure that employment and other economic opportunities generated byl HUD assistance, orl HUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients ofl HUD assistance for housing. II. The parties toi this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous plaçes at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location oft the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. regulations. 36 IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofther regulations in 24CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the V. The contractor will certify that any vacant employment positions, including training positions, that are (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 75 require employment opportunities to be directed, were VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination oft this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible () preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but noti in derogation of compliance regulations in 24 CFR part 75. filled not filled to circumvent the contractor's obligations under 24 CFR part 75. with section 7(b). With respect to work performedi in connection with Section 3 covered! Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum i. Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted ii. Reporting. Ifthe subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in ai form prescribed by HUD on the qualitative nature of its activities and those its iri. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting extent feasible, but not in derogation of compliance with Section 7(b). C.. b. Section3 3) Benchmarks and Reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type Contract Type RFP Fixed Price RFQ ITB (Construction) Reimbursement Time and Material Requirements for ALLContracts Federal Funding Source and. Authority Statement of Work Schedule for Completion Period of Performance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement of Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix II to2CFR 200 Administrative, Contractual, orl Legal Remedies for Non-Performance Compliance with Small, Minority, and Women'sA Affirmative Hiring Steps Prohibition on Certain Telecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause itps/www.ectrgovcurentitle25section-200.321 Domestic Preference htps/www.ecfrgov/curenuitle25section-200322 Recovered Materials itps/wwectr.gocurentmtle2/section-200.323 Telecommunications itps/www.eclrgovcurenvile2section-200216 Federal Clauses Appendix II tol Part 200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts Altps/wwwectrgovcurenuie-4l5utle-Bchapersor-SUar.03006sNbrert-A/section-60. 300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security'sl E-Verify system can be found at: tpy/wveverihygow. In accordance with section 448.095, F.S., the State of Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereofmay not enter into a contract unless each party to (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E- the contract registers with and uses the E-Verify system. Verify system to verify a new employee'semployment eligibility. 40 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: Bidder must be registered with www.SAM.gov with a status of"Active' and have no Active Exclusions 2. 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 3. have not withina at three-year period preceding this certification been convicted of or had a civilj judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing ai 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; 4. 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 5. have not within a three-year period preceding this certification had one or more federal, state, or local The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless cited. agency; certification; and government public transactions terminated for cause or default. authorized by St.. Johns County. Handwritten Signature of Authorized Principal(s): NAME (print): Jomes Moson Coob SIGNATURE: TITLE: President DATE: -3-25 L NAME OF FIRM: Coolond Coob Engineering Company 41 CONSULTANT SERVICES AGREEMENT (Project 7-4 Airport Road Water Plant - CDBG-MIT Project 10150) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, a Florida municipal corporation, (herein called' "City") and COOL AND COBB ENGINEERING In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as set forth below. 1. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment 1 General Terms and Conditions, Attachment 2 - Legal Provisions, and Attachment: 3 - Description of the Project scope and fee, and all Modifications issued subsequent hereto. The Contract Documents form the "Contract." The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may be amended or modified only by a Modification. A "Modification" is a written amendment to the Contract signed by both parties or a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days of approval thereof. COMPANY, a Florida corporation, (herein called' "Consultant"). 3. Scope of Work. See Attachment 3. fors satisfactory of the Scope of Work. 4. Compensation. Consultant shall be paid $49,300.00, which includes all fees, costs, charges, and expenses, 5. The term ofthis Agreement ist two (2)s years, beginning January7,2025 and ending. January 6,2 2027 unless sooner terminated as provided in the Contract Documents or extended by agreement oft the parties. 6. The Contract may be terminated as provided in Attachment 1, and in the event City does sO, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the A. Use by City oft the Work Producti is at City'ss sole risk and without liability or legal exposure to Consultant 7. All documents provided by Consultant to City shall be inl both hard copy and in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF following: or anyone working by or through Consultant, including design professionals. B. Consultant is paid by City all monies due under subparagraph 5 above. PROFESSIONAL SERVICES HEREUNDER. INV WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: Printed Name: CITY OF SEBRING, a Florida municipal corporation By: Roland Bishop, Council President Attest: By: Printed Name: Kathy Haley, City Clerk (corporate seal) Cavineehunap Printed Name: EadenHobinson COOL AND COBB ENGINEERING COMPANY, ,al Florida corporation E JamesMason Cobb, President By: Printgd-Nane: Cana LCS (corporate seal) 2 ATTACHMENTI GENERAL TERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement al Florida municipal corporation (herein referred to as the "CITY") and COOL. AND COBB ENGINEERING (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, COMPANY, a Florida corporation, (herein referred to as the "CONSULTANT"). ARTICLEI-PAYMENTSTOCONSULTANT The CONSULTANT willl bill the CITY at the amounts set forth int the Schedule ofF Payments for services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion ofs services outlined in the Scope of Work developed for each authorization. ARTICLE2- REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list of the types of expenditures eligible for reimbursement. All requests for payment of"out-of-pocket" expenses eligible for reimbursement under the terms oft the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the applicable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms ofthe Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. ARTICLE3- PAYMENT OF INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services have been rendered in conformity with the Contract orapplicable Consultant Services Agreement. Invoices must reference the current purchase order number (ifany). Payment shall be made in accordance with the Consultant Services Agreement for specific projects. ARICLE4-TRUTIEN-NEGOTIATION CERTIFICATE The signing oft the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Contract and that Consultant Services Authorization are accurate, complete and The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" current as of the date of the Contract and that Consultant Services Authorization. within one year following final payment. 3 ARTICLES- TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event ofs substantial failure by the CITY toj perform in accordance with the terms ofthe Contract through no fault oft the CONSULTANT. Itmay also bet terminated by the CITY with or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach oft the Contract, the CONSULTANT shall be paid fors services rendered tot the CITY through the date oftermination. After receipt ofa Termination Notice and except as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating tot the performance of Transfer all work in process, completed work, and other material related to the D. Continue and complete all parts of the work that have not been terminated. terminated work. terminated work to the CITY. ARTICLE6- PERSONNEL relationship with the CITY. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual All oft the services required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted Any changes or substitutions int the CONSULTANT's key personnel as may be listed herein must be made known to the CITY's representative and written approval granted by the CITY before said change or substitution can under state and local law toj perform such services. become effective. ARTICLE7- KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agree to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant Thomas LaPerreire, AIA Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL33825 City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 Contact Person for CITY ASTCEI-SUACONTRACTINO For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor andt toi inspecta all facilities ofany subcontractors in ordertor make ac determination: as tot the capability 4 oft thes subcontractor to perform properly under the Contract. The CONSULTANT is encouraged to seek minority Ifas subcontractor fails to perform or make progress, as required by the Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do sO, subject to and women business enterprises for participation ins subcontracting opportunities. acceptance of the new subcontractor by the CITY. ARTICLE9- FEDERAL AND STATETAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted byt the CONSULTANT. The CONSULTANT shall not bee exempted from paying sales tax toi its suppliers for materialst toi fulfill contractual obligations with the CITY,nors shalli the CONSULTANT be authorized to use the CITY's Tax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment ofi its own taxes. ARTICLE 10 -AVAILABILITY OF FUNDS The obligations of the CITY under the Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council oft the CITY OF SEBRING. ARTICLE1I- INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance B. Alli insurance policies shall bei issued by companies authorized or approved to dol business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates ofI Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the C. The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance with minimum limits of$2,000,000 per occurrence and annual aggregate. Ifaclaims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP)ofas great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide ai retroactive date nol later than thei inception date of claims made D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. The CONSULTANT shall maintain, during the life oft the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the required under this paragraph and that insurance has been approved by the CITY. CONSULTANT ofitsl liability and obligations under the Contract. coverage. 5 CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. F. The CONSULTANT shall maintain, during the life oft the Contract, adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all ofits G. All insurance, other than Professional Liability and Workman's Compensation, to be maintained by the employees performing work for the CITY pursuant to the Contract. CONSULTANT shall specifically include the CITY as an "Additional Insured". ARTICLE1 12-STANDARDOECARE The CONSULTANT covenants that all services shall be performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLE 13 - INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's liability fori indemnification shall be limited to $2,000,000.00. ARTICLE 14 - SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party ofthe Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest int the Contract without the written consent oft the other, which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent oft the CITY which may be aj party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE15- -] REMEDIES The Contract shall be governed by the laws of the State of Florida. Any and alll legal action necessary to enforce the Contract will be held in Highlands County, Florida, and the Contract will be interpreted according toi the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall bei in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party ofany right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE1 16-CONFLICTOF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further The CONSULTANTShal, promptly notify the CITYinwriting ofpotential conflicts ofi interest for any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT's judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shalli identify thej prospectivel business association, interest or circumstance, represents that noj person having anyi interest shall be employed for said performance. 6 the nature ofv work that the CONSULTANT may undertake and request an opinion oft the CITY as to whether the association, interest or circumstance would, in the opinion oft the CITY, constitute a conflict ofi interest ife entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT ofi its opinion by certified mail within 30 days of receipt of notification by the CONSULTANT. If, in the opinion oft the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall sO state in the notification, and it shall be deemed not to be a conflict ofi interest with respect to services provided to the CITY by the CONSULTANT under the terms of the Contract. ARTICLE 17 - EXCUSABLEDELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are: not limited to: acts of God, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT'S failure toj perform was due to causes reasonably beyond the CONSULTANT's control and without its fault or negligence, the Contract Schedule and/or other affected provision oft the Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at CONSULTANT shall ber responsible for the timely completion of subcontractor'swork. any time. ARTICLE 18 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation,, judgment, lien or any form ofindebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE 19 -I DISCLOSURE ANDOWNERSHIP OF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files of all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record All written and oral information not in the public domain or not previously known, and all information. and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly ori indirectly, without the CITY's prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid for its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or at the CITY's expense shall be and remain Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in If, however, the CITY uses fora any other purpose the CONSULTANT's: documents, drawings, and specifications, or reuses them without written verification or adaptation by the CONSULTANT fort the: specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the Drawings. its property and may be reproduced and reused at the direction of the CITY. derogation ofany right therein reserved by the CONSULTANT. 7 CONSULTANT's independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs ofthe exteriorandi interior, among the CONSULTANT's; promotional and professionalmaterial. The CONSULTANT's materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT oft the specific information considered to be confidential or proprietary. CONSULTANT. ARTICLE20 = INDEPENDENT CONSULTANT RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work, services, and activities under the Contract an independent contractor, and not an employee, agent, or servant oft the CITY. All persons engaged in any ofthe work or services performed pursuant to the Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship ofi its employees to the CITY shall be that ofan independent contractor and not The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement or as employees or agents oft the CITY. representation other than specifically provided for int the Contract or amendment thereto. ARTICLE21 - CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the Contract. ARTICLE22- - ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for at least three (3)years after completion ofthe Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection oraudit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLE23-NONDISCRIMINATION The CONSULTANT represents, to the best ofi its knowledge, that all ofi its employees are treated equally during employment without regard to race, color, religion, sex, age, national origin, handicap, or marital status. ARTICLE24-cOMPLIANCE WITH DAVIS-BACON: ACT REQUIREMENTS The CONSULTANT hereby agrees, where required on Federal Grant assisted projects, to comply with applicable portions oft the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract inc order to comply with Federal guidelines applicable to Grant Assisted projects which may be undertaken by the CITY. 8 ARTICLE25 - SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE26- ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, andt that there are noj promises or understandings other than those stated herein. None ofthep provisions, terms and conditions contained int the Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE27-F ENFORCEMENTCOSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment ofar right toi indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even ifnot taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE28- AUTHORITYTO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration oft the Contract a current certificate of registration required under Florida Statutes. ARTICLE29-SEVERABILITY Ifany term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, bel heldi invalidoru unenforceable, ther remainderofthet Contract, ort the application ofsuch term or provision, toj persons or circumstances other than those as to which iti is held invalid or unenforceable, shall not be affected, and every other term and provision oft the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE30 - AMENDMENTSANDMODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each oft the The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT oft the CITY'snotification ofa contemplated change, the CONSULTANT shall, ifr requested by CITY: (1) provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3)advise the CITYi in writing ifthe contemplated change shall effect the CONSULTANTsabliy to meett the completion dates If the CITY so instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the parties. or schedules of the Contract. by a contemplated change, pending the CITY's decision to proceed with the change. 9 CONSULTANT shall not commence work on any such change until such written amendment or change order has been issued and signed by each oft the parties. ARTICLE31- CITY'S RESPONSIBILITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the A. Provide full information regarding requirements for the projects and tasks, including a program which shall set forthi the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments, zoning, deed restrictions, and other available information to assist the CONSULTANT in developing proper scopes ofs service and fulfilling D.A Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform serviçes under the E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO Contract, the CITY shall: sequential progress oft the CONSULTANT's: services. project or task objectives. Contract. as not to delay the services oft the CONSULTANT. F. Bear all costs incident to compliance with the requirements ofthis Article. ARTCLB32-NOTICE shall be mailed to: All notices required in the Contract shall be sent certified mail, return receipt requested, and ifs sent to the CITY City Administrator City of Sebring 368 South Commerce. Avenue Sebring, FL 33870 and if sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon) Park, FL33825 10 ARTICLE 33 - PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with a public entity fort the construction or repair ofap public building or public work; may not submit bids, proposals, or replies on leases ofreal property to a public entity; may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017, Florida Statutes for CATEGORY TWO for aj period of36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that iti is not subject to denial or revocation oft the right to transact business with public entities pursuant tos s. 287.133, Florida Statutes. CONSULTANTadsowiass that Cityi is a drug-free work place. CONSULTANT covenants that all employees OfCONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute ARTICLE34-1 DRUG-FREE WORKPLACE 287.087. ARTICLE35-S SCRUTINIZED COMPANIES By signing the Contract, CONSULTANT certifies that it is not ineligible, pursuant tol Florida Statute 287.135, to bid on, submit a proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option ifCONSULTANT is found to have submitted a false certification pursuant to section 287.135, F.S., been plaçed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract at its option FCONSULTANTIS: found tol have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in al boycott of Israel. ARICLE3-LAWSANDREGULATIONS the Work and the protection of persons and property. CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of ARTICLE37-1 RESPONSIBILITY FOR THOSE PERFORMING THE WORK CONSULTANT shall be responsible to City for the acts and omissions ofalli its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTICLE38 - PROVISIONS REQUIRED BY LAW) DEEMED INSERTED Each and every provision ofl law and clause required by law to be inserted int this document shall be deemed tol be inserted herein and the contract shall be read and enforced as though it were included, andi if, through mistake or otherwise, any such provision is not inserted, ori is not correctly inserted, then upon application ofeither party, the contract shall forthwith be physically amended to make such insertion or correction. ARTICLE39- - SAFETY AND HEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be applicable to this Project. 11 39.1 CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders ofany public authority havingjurisdiction for the safety of persons or property or to protect them from damage, injury or loss. ARTICLE40-1 DEFAULT Subject to the limitations of Sec. 768.28, Fla. Stat., in any action brought by either party for the interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees, paralegal fees, court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy or in post judgment collections. ARTICLE41 - PUBLIC RECORDS CONSULTANT is required to keep and maintain public records that ordinarily and necessarily would be required by the City in order toj perform the service sought herein. CONSULTANT is required to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq., Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law and must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, katnynaley@mysebring.com or 368 SOUTH COMMERCE AVENUE, SEBRING, FL33870. ARTICLE42-PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including section (2)(a) which provides: "A person or affiliate who has been placed on the convicted vendor list following a conviction for aj public entity crime may not submit a bid, proposal, or reply on a contract toj provide any goods or services to aj public entity; may not submit al bid, proposal, or reply on a contract with a publice entity for the construction or repair ofa public building or public work; may not submit bids, proposals, or replies on leases ofreal property to aj public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess oft thet threshold amount provided ins s. 287.0171 for CATEGORY TWO: for aj period of361 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with thej provisionsofFloridai Statute 287.133, and further certifies that neitheri it, nori its officers, directors, executives, partners, shareholders, employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment: 2 LEGALPROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required by lawi in order for Contractor tor render its services hereunder. Contractor shall require all ofi its subcontractors to comply with the provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1,2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses (b) 1. Ifacontractor entersi into a contract with as subcontractor, thes subcontractor must provide the contractor witha an affidavit: stating that thes subcontractor does not employ, contract with, or subcontract with an unauthorized (c) 1. Aj public employer, contractor, or subcontractor whol has a good faith belieft that a person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with the person or entity. subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and the E-Verify system. alien. 2. 2. 3. The contractor shall maintain a copy of such affidavit for the duration of the contract. A public employer that has a good faith belief that a subcontractor knowingly violated this A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and order the contractor to immediately terminate the contract with the subcontractor. may not be considered as such. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract (e) Ifap public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded aj public contract for at least 1y year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by aj public employer as ai result oft the termination was terminated. ofacontract. Legal Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent of Owner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, thati itl has not paid or agreed top pay any person, company, corporation, individual or firm, other than al bona fide employee working solely for Design/Builder (collectively "Contractor"): 13 Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making ofthis Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofanyf firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each ofi its subcontractor agreements relating to the Contractor and its employees shall promptly observe and comply with the applicable provisions ofall Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all ofi its CIVILE RIGHTS ACTOFI 1964,TITLEVI-CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest 1.1 Compliance with Regulations. The contractor shall comply with thel Regulations relative to nondiscrimination inf federally assisted programs ofthe Department ofTransportation (hereinafter, "DOT")Title 49,Code ofFederal Regulations, Part 21, as they may be amended from time tot time (hereinafterreferedi to as thel Regulations), which 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly ori indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices 1.3 Solicitations for Subcontracts. Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to 1.4] Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall SO certify to the Owner, 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, services to be performed hereunder. subcontractors to comply with the provisions oft this paragraph. (hereinafter referred to as the' "contractor')agres: as follows: are. herein incorporated by reference and made a part oft this contract. when the contract covers a program set forth in Appendix B of the Regulations. nondiscrimination on the grounds of race, color, or national origin. as appropriate, and shall set forth what efforts it has made to obtain the information. including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, b.C Cancellation, termination, or suspension oft the contract, in whole or in part. 14 litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1)i in the furnishing of services to Owner hereunder, no person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office oft the Secretary, Part 21,1 Nondiscrimination in Federally-assisted programs of the Department ofTransportation - effectuation of Title VI and Title VIII of the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or she is authorized to provide, undertake for such person the obligations contained int this section. Contractor shall: furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, toi insure that noj person shall on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services ofa any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures that it will require that its covered subcontractors provide assurances to Contractor that they similarly require assurances Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing ofs services to the Owner, and Contractor agrees that it will adopt any such requirements as aj part Non-Diserimination. Contractor for itself, its successors in interest and assigns, as a part of the consideration 1. Noj person ont the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing ofs services thereon, no person on the grounds ofr race, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Tamporumton-fnretuation ofTitle VI of the Civil Rights Act of 1964 and Title VII oft the Civil Rights That in the event ofab breach of any oft the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures ofTitle 49, Code of Federal Regulations, Part 21 are: followed and completed, including exercise or expiration of appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR United States to enter into such litigation toj protect thei interests oft the United States. from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. ofthis Contract. hereof, does hereby covenant and agree that: Act of 1968, and as said Regulations may be amended. 15 Chapter 60, which is paid fori in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor. agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because ofr race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. such action shall include, but notl be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to bej provided setting forth the provisions (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, (3) The contractor will send to each labor union or representative ofworkers with which he has a collective bargaining agreement or other contract or understanding, ai notice to be provided advising the said labor union or workers' representatives ofthe contractor's commitments under this section, and shall post copies oft the notice in (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders oft the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes (6) In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any oft the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures: authorized in Executive Order11246ofs September24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary ofLabor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 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 the administering agency may direct as ameans ofenforcing such provisions, including sanctions fori noncompliance: Provided, however, thati int thee event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction byt the administering agency thec contractor may request the United States to enter into suchl litigation ofthis nondiscrimination clause. color, religion, sex, or national origin. conspicuous places available to employees and applicants for employment. the rules, regulations, and relevant orders of the Secretary ofLabor. ofinvestigation to ascertain compliance with such rules, regulations, and orders. to protect thei interests of the United States. 16 EEOCOMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100EE0-)promulgated, jointly byt the OfficeofFederal Contract Compliance Programs, thel Equal Employment Opportunity Commission and] Plans for Progress or such form as mayl hereafter bep promulgated ini its placei ifsuch prime contractor or subcontractor ()is not exempt from the provisions ofthese regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (iii) is aj prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 ori more or servesasa depository of Government funds in any amount, ori is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report ifi it meets requirements of (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting ora administering agency within 30 days after the award to him ofa contract or subcontract, unless such person has submitted: such a report within 12 months preceding the date ofthe award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may (3) Failure toi filet timely, complete and accurate reports as required constitutes noncompliance with the prime paragraphs (a)(1)(),(i), and (iv) oft this section. require. Thel Deputy Assistant Secretary may extend the time for filing any report. contractor's or subcontractor's obligations under the equal opportunity clause and this contract. (b)Requirements for bidders or prospective contractors: (1) Certification ofcompliance with Part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-2 oft this chapter; (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (iii) whether itl has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the Deputy Assistant Secretary requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to as specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT reports due under the applicable filing requirements. the applicant or the Deputy Assistant Secretary requests. SPECIFICATIONS. -41 CFR Part 60.4.3 1. As used int these specifications: a."Covered: area" means the geographical areac described int thes solicitation from which this contract resulted; b."Director", means Director, Office of] Federal Contract Compliance Programs (OFCCP), U.S. Department c."Employer identification number" means the Federal social security number used on the Employer's ofLabor, or any person to whom the Director delegates authority; Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 17 d."Minority" includes: origin); (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion oft the work involving any construction trade, it shall physiçally include in each subcontract in excess of $10,0001 the provisions oft these specifications and the Notice which contains the applicable goals for minority and female participation and 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to 4. The contractor shall implement the specific affirmative action standards provided within these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages oft thet total hours ofe employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not havea a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated 6. In order fort the non-working training hours of apprentices and trainees tol be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during thet training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability ofe employment opportunities. Trainees shall be trained pursuant to training programs approved Spanish culture or origin regardless ofrace); East, Southeast Asia, thel Indian Subcontinent, or the Pacific Islands); and community identification). which is set forth in the solicitations from which this contract resulted. achieve the Plan goals and timetables. inr meeting its goals in each craft during the period specified. pursuant thereto. by the U.S. Department ofLabor. 18 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractors shall document these efforts fully ands shall implement affirmativeaction a. Ensure and maintain a working environment free of! harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The çontractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware ofand carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or femalei individuals b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor ori its unions have employment opportunities available, and maintain a record ofthe organizations' responses. C. Maintain a current file oft the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. Ifsuch individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, ifr referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with d. Provide immediate written notification toi thel Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contraçtor shall provide notice of these programs to the sources compiled f. Disseminate the contractor's EEO policy by providing notice ofthep policy to unions and training programs and requesting their cooperation in assisting the contractor in meetingi its EEO obligations; byi including it in any policy manual and collective bargaining agreement; by publicizing iti ini the company newspaper, annual report, etc.; by specific review ofthe policy with alli management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review oft these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to thei initiation ofo construction work at anyj job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, h. Disseminate the contractor's EEO policy externally by including it in any advertising int the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or steps at least as extensive as the following: working at such sites or in such facilities. whatever additional actions the contractor may have taken. contractor's efforts to meet its obligations. under 7b above. employees at each location where construction work is performed. subject matter discussed, and disposition oft the subject matter. 19 anticipates doing business. i.D Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and tom minority and femalei recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contraçtor shall send written notification to organizations, such as the above, describing the openings, j.E Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority andi female youth both k. Validate all tests and other selection requirements where there is an obligation to do SO under 41 CFR Part I.C Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate m. Ensure that seniority practices,. job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all soliçitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation ofsolicitations toi minority and female contractor p. Conductar review, at least annually, ofalls superv/isorsadherence to andj performance underi the contractor's 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations. The efforts ofa contractor association,, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more ofi its obligations under these specifications provided that the contractor actively participates int the group, makes every effort to assure that the group has a positive impact on the employment oft minorities and women in the industry, ensures that the concrete benefits oft thej program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet itsi individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness ofactions taken on behalf oft the contractor. The obligation to comply, however, is the contractor's and failure of such a group 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required toj provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, ifthe particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may bei in violation oft the Executive Orderi ifa specific minority screening procedures, and tests to be used in the selection process. on the site andi in other areas ofac contractor's workforce. 60-3. training, etc., such opportunities. out. associations and other business associations. EEO policies and affirmative action obligations. to fulfill an obligation shall not be a defense for the contractor's noncompliance. group of women is underutilized. 20 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may bei imposed or ordered pursuant tol Executive Order11246, as amended, andi its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation oft these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribedi inj paragraph 18.7 ofthese specifications, soas to achieve maximum results from its efforts to ensure equal employment opportunity. Ift the contractor fails tocomply with the requirements ofthe Executive Order, thei implementing regulations, or these specifications, 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and tol keep records. Records shall at least include for each employee, the name, address, telephone number, constructiontrade, union affiliationi ifany, employeei identification: number when assigned, social security number,race, sex, status(eg,mechanic, apprentice, trainee, helper, or laborer), dates of changes ins status, hours worked per week int thei indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for a period of six years following the completion and closeout ofthe project. Records shall be made availablei to thej public per Chapter 1191 Florida Statutes; and shall ber made availablet toi the Owner, the U.S. Department ofHousing and Urban Development (HUD), thel Florida Department of Commerce, the Florida Auditor General, and Comptroller General of the 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the: application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development any person because of race, color, religion, sex, or national origin. contracts pursuant to Executive Order 11246. the Director shall proceed in accordance with 41 CFR60-4.8. United States. Block Grant Program). CERTIFICATIONOPI NONSEGREGATED FACILITIES-41 CFR PART60-1.8 Notice to Prospective Federally Assisted Construction Contractors: 1.AC Certification of Non-segregated Facilities shall be submitted prior to the award ofa federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of thei following notice toj prospective subcontractors fors supplies and construction contracts where thes subcontracts exceed $10,000 and are not exempt from the provisions oft the Equal Opportunity Clause. NOTE: The penalty Clause. for making false statements in offers is prescribed in 181 U.S.C. 1001. 21 Notice to] Prospective Subcontractors of] Requirements for Certification ofNon-Segregated Facilities: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions oft thel Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions ofthe Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions ofthe Equal Opportunity Clause. NOTE: Thej penalty for making false statements in offers is prescribed in 181 U.S.C. 1001. CERTIFICATION OFI NONSEGREGATED! FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any ofhise establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of! his establishments. and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that al breach of this certification is a violation of the Equal Opportunity Clause in As usedi in this certification, thet term' "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, 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 directives or are, in fact, segregated on the basis of race, color, religion, or national origin because ofhabit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity this contract. Clause and that she or he will retain such certifications in his files. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION -41 CFR PART60-2 Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal 1. No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, al Member ofCongress, an officer or employee of Congress, or an employee ofa a Member of Congress in connection with the making of any Federal 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee ofa any agency, al Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure ofLobby Activities," in accordance with Accounting/Records. Contractor will provide all information and reports required by said Regulations, or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of grant and the amendment or modification ofa any Federal grant. itsi instructions. 22 information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whethertherel hasl been compliancewithsaidl Regulationsand directives. Wheeaymomatonngurd ofContractor isi int the exclusive possession ofanother who fails or refused toi furnish thisi information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration ofs six (6): years after the termination of the Contract. Records shall bei made available tot the public per Chapter 1191 Florida Statutes; and: shall bei made availablet tot the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General ofthe United States. Ini the event ofbreach ofany oft the above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor under this Contract or canceling, terminating, or suspending this Contract in whole or in part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. CONIRACTNORAIOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic reçeives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess off forty hours in such 2. Violation; Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth inj paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation oft the clause set forth inj paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall uponi its own action or upon written request of an authorized representative oft thel Department ofLabor withhold or cause tol 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 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier workweek. paragraph 1 above. liquidated damages as provided in the clause set forth inj paragraph 2 above. subcontractor with the clauses set forth inj paragraphs 1 through 4 ofthis section. ACCESS TORECORDS AND REPORTS The Owner, as well as the public pursuant tol Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and 23 transcriptions. TheContractor: shallmaintain: an acceptable cost accounting system. The Contractor agrees toj provide the Owner, the U.S. Department ofHousing and Urban Development (HUD), the Florida Department ofCommerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, andi records oft the contractor which are directly pertinent to the specific contract fort thej purpose ofr making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for aj period of not less than six years after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. Iti is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofs services contracts awarded by the Owner, including, but not limited to, contracts financed iny whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex int the performance oft this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of] DOT assisted contracts. Failure by the contractor to carry out these requirements is ai material breach ofthis contract, which may result in the termination oft this contract or Prompt Payment. Thej prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than fourteen( (14) days from the receipt ofe each payment, including retainage, that the prime contractor receives from City of Sebring. Payments not made to subcontractors within fourteen(14) days oft the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. Any delay or postponement ofp payment from the above referenced time frame may occur only for good cause following written approval of the City of Sebring. Ther right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under thet terms ofac contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete fora and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, Participation Policy apply to this Contract. such other remedy, as the recipient deems appropriate. clause applies to both DBE and non-DBE: subcontractors. national origin, or sex in the award and performance of Owner contracts. DBEAdministration. 1. Eligibility ofDBE's: Those firms currently certified asl DBE's by the Floridal DeparmemorTamparition are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review ofaj potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certification of the potential DBE. Previous acceptançe ofal DBE by the State or Owner does not ensure 24 acceptance on this project. 2. Counting DBEI Participation Towards DBE Goals: DBE participation toward attainment oft the goal will be computed on the basis oft the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions ofi items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use ofDBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures tol DBE's that perform a commercially useful function in the work ofthe contract. A DBE performs a commercially useful function when it is responsible for execution ofa distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practiçes, and other relevant factors willl be evaluated. Ifconsistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract: aj portion ofthe work upt to the amount allowed under standard subcontracting contract provisions ofnormal industry practices. Al DBE is presumed not tol be performingac commercially b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the (2) Sixty percent ofexpenditures' toal DBEI regular dealer willl be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution (3) Nocredit willl be given toward thel DBE goal, ift thej prime contractor makes a direct payment toal non-DBE material supplier. However, it will bej permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor (4) No credit, toward thel DBE goal, will be given for the cost of materials or equipment used inal DBE: firm's work when those costs are paid by a deduction from thej prime contractor's Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck d. Joint' Venture: When aj joint venture contract is involved, the Owner shall count towards the DBE goal that portion oft thec contract total dollar value equal to thej percentage ofo ownership and control ofe each DBE firm within the joint venture. Such crediting is subject to the owner's acceptance of following: useful function ift thel DBEi is performing outside these guidelines. and supplies: premises the materials or supplies that are obtained by the contractor. equipment. making remittance toi the DBE: firm and material supplier jointly. payment(s) to thel DBE firm. number; and a complete record of the contract fees paid to them. 25 thej joint venture agreement. The Bidder must furnish thej joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work, (2) Capital participation by thel DBE, (3) Specific equipment tol be provided by the DBE, (4) Specific responsibilities of the DBE regarding control of1 the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render al bid non responsive. a. DBE: Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and (1) The names, addresses, contact persons, phone numbers, and category of DBE firms to be (2) A list oft the bidi items of work tol be performed by the DBE and the percent to be credited (4) If the DBE goal is not met, a statement of why the goal could not be met and a b. Owner Evaluation: In selecting the lowest responsible bidder, the Owner will evaluate the DBE information provided withi the bid. The Owner may request additional DBEi information and may allow the bidders, upt to 7 calendar days after bids submittal to: supplement or resubmit information concerning their proposed] DBE participation. Prior to awarding the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is Good Faith) Efforts: Ifthel bidderi is unable to meet thel DBE goal, the bidder musts submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include (1). Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall bes sent to ai reasonable number ofDBE's qualified to participate int the contract. will not be considered. Thei information furnished shall consist of: used on the contract; toward the DBE goal; (3) The dollar value ofeach oft the DBE work items; and demonstration of the good faith efforts taken to meet the DBE goal. accurate and complete. but are not limited to: of work shall be at least equal to thel DBE goal. 26 (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact andi information on further contacts madet to determine with certainty ifthe DBE's werei interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines ofcredit required byt the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadyantaged-locus media concemingstutcomtacing opportunities. Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute (1) The DBE was unable to provide adequate performance and/or payment bonds. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit (5) The prime contractor would normally perform all or most of the work included in this placement of DBE's. agood faith effort: (2) A reasonable DBE bid was rejected based on price. (4) Union versus non-union status oft the DBE: firm. bid price. contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than fulll DBE goal participation, the contractor isr not relieved oft the responsibility to make a determined effort to meet the full goal amount during the life oft the contract. In such a case, the contractor shall continue good faith efforts throughout the life of Ifal DBE is unwilling or unablet toj perform the work: specified, the contractor shall request from the Owner, relieffrom the obligation to use that DBE. Efforts willl be made by the contractor to acquire from thel DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. Ift this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE toj perform an equal dollar value ofallowable credit. Ifanewl DBE cannot be found, the contractor shall submit evidence ofg good faith efforts within 15 calendar days ofther request for relief. The contractor shall submit the newl DBE'sI name, address, work items and the dollar amount of each item. the contract to increase the DBE participation to meet the contract goal. The owner shall approve the new DBE before thel DBE starts work. 27 Ift the contractor fails to conform to the approved DBE participation or ifi it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. Ift the owner is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value ofs such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid thel DBE1 firm. This certification shall be signed by both the prime contractor: and the DBE1 firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained ini thes state energy conservation plan issued in compliance Rights To Inventions. All rights to inventions and materials generated under this contract are subject to Contract Time. Ift the Contractor persistently refuses or fails to recover lost time, to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other contractors or to require Contractor tol hire sufficient skilled workers for Contractor to recover lost time and complete the Project on time. Any additional costs associated with this will be borne by original Contractor. DBE obligations. The records shall include but are not limited to: documented. with the Energy Policy and Conservation Act (Public Law 94-163). regulations issued by the Owner of the Federal grant under which this contract is executed. Owner has the rightt toi refuseas subcontractor for good faith concern about thes utsontnctorscompetemct. Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties, implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods bei interpreted as limitations on time in which the Owner can enforce such other The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment is required ons such Work or part ofthe' Work, until evidencei is presented that entities required Pursuant to $403.7065, Fla. Stat., Contractor shall procure products or materials with recycled content when the Florida Department ofManagement Services determines that those products or materials are available. solvency or fitness to perform timely. duties, obligations, rights, or remedies. to countersign such commitments have done so." CERTIFICATION REGARDING DEBARMENT SUSPENSION, 28 INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it willi include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor ora any lower tierj participant is unable to certifytot this statement, its shall attach an explanation to this solicitation/proposal. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance oft the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official oft the receipt ofany communication from thel EPA indicating that ai facility tol be used for thej performance oforb benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to bei included in any construction contract or subcontract which exceeds $ 100,000 the guidelines issued thereunder; aforementioned criteria and requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VIofthe Civil Rights Actof1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial Section 504 oft thel Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of thel Department ofHealth and Human Services (45 C.F.R. Part 84), to the end that, ina accordance with Section 504 ofthat Act and the Regulation, no otherwise qualified individual with ac disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise: subjected to discrimination under any program or activity for which the Applicant The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant tot the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or bes subjected to discrimination under any program or activity assistant from the Department. receives Federal financial assistance from the Department. for which the Applicant receives Federal financial assistance from the Department. 29 49CFR SUBTITLE. A(10-1-03 EDITION) Compliance with Sections 103 and 107 oft the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- Compliance with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S. C. 1368), Executive Order 11738, and Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 46 U.S. C. 1241(b)(1) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy Section 105(f) oft the Surface Transportation Assistance. Act of1982, section 106(c), ofthe Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR part 23 impose requirements for the participation Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2), authorizes the use of A breach by Contractor or any subcontractor, vendor or supplier of any oft the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor The provisions of these Additional Special Provisions shall control over any contrary provision in the Special 330) as supplemented by Department ofLabor regulations (29 CFR part 5). Environmental Protection Agency regulations (40 CFR part 15). 871). made goods. America provisions on the procurement of foreign products and materials. ofdisadvantaged business enterprises. competitive negotiation for the purchase of rolling stock as appropriate. ors subcontractor. Provisions or any other Contract Document. Contractor waives any right ofs subrogation against Owner or Owner's agents. Tot the fullest extent permitted byl law, Contractor shall indemnify and hold harmless Owner, and Owner'sofficers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages up to $10,000,000 (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Construction), including the loss ofuser resulting therefrom, but only tot the extent caused by any negligent act or omission or reckless or intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. The parties agree that this limit on indemnification amount bears ar reasonable commercial relationship to the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. (1) Ifstate funds are utilized on this project, the Contractor shall give preference to the employment ofs state residents in the performance of the work on the project if state residents have substantially equal 30 qualifications to those of nonresidents. A contract for construction funded by local funds may contain a. As used in this section, the term "substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make ar reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by b. A contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractor's employment needs in thes state's jobb bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination such aj provision. the other person or persons. among the citizens oft the United States. Punch List. Ifthe contract is for the provision of construction services, Owner shall provide for a single list ofi items required to render the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that thej project has achieved substantial completion. For construction projects having $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor has achieved substantial completion. Owner shall provide thej punch list to Contractor not more The final contract completion date must be at least thirty days after the delivery of thej punch list. Ift the punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be an estimated cost of than five days after the punch list is completed. extended by the number of days that Owner exceeded the delivery date. Payment for) Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request or invoice or anyone that this agent designates in writing. A contractor's submission ofap payment request or invoice to the identified agent of Owner shall be stamped as received as provided in F.S. 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. Ifa payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request or invoice iss stamped asi received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action Attorneys' Fees and Costs. In any. judicial or alternative dispute resolution technique action to interpret or enforce any of the terms oft this agreement, including any action by Owner to establish the right to indemnification, the parties agree that the prevailing party shall be entitled to an award ofattorneys' fees and costs payable by thei non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or necessary to make the payment request or invoice proper. post-judgment collections. 31 Attachment 3 Project7 CITY OF SEBRING and -COOL. AND COBB ENGINEERING COMPANY AIRPORT ROAD WATER: PLANT PROGRAM DESCRIPTION: In April 2018, the U.S. Department ofHousing and Urban Development (HUD) announced the State ofFlorida, Department ofCommerce would receive $633,485,0001 in funding to support long- term mitigation efforts following declared disaster in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. In February 2021, HUD announced an additional $46,900,000 in federal mitigation funding for Florida communities that experienced a major disaster in 2018, raising the total CDBG-MIT allocation to $680,385,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serve a public safety purpose for local communities. 169. (86FR561). Critical buildings include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters PROJECT. DESCRIPTION: The City of Sebring, Florida, has been awarded' Two Hundred Forty-Eight Thousand, Two Hundred Ten Dollars and Zero Cents ($248,210.00) in CDBG-MIT (Community Development Block Grant- - Mitigation) funding for mitigation efforts tol harden the Sebring Airport Water Production. Facility. Thep purpose ofthis projecti is tol harden this critical facility tor reducet thei risk ofap power outage occurring: and toi increasei thei resiliency ofthel backup generator power supply system. The mitigation activities consist of thei installation ofa 350kW diesel generator with al 1,161-gallon subbase diesel fuel tank and an automatic transfer switch (ATS). The project is expected to be completed within 48 months. This project satisfies the Low-to-Moderate Income (LMI) National Objectives requirements with as service area. LMI ofo over 51%. There are no leveraged funds or matching funds fort this project. ELIGIBLE TASKS ANDI DELIVERABLES: A. Deliverable 2- - Engineering Services Consultant shall: 1. Create ai full design package(s), signed and sealed by a Professional Engineer (PE) licensed in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, 32 and any other reports, documents, or information relevant to this project that meet all local current 2. Consultant shall assist the City with the construction contract, observe work completed, review draw hurricane code ratings, local codes and building codes. requests, approve draw requests and coordinate any change orders required. APPENDIX. IITOI PART 200--CONTRACT PROVISIONS FORI NON-FEDERAL, ENTITY CONTRACTS UNDER FEDERAL. AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering thei following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it willl be effected and the basis for settlement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of] Federal Contract Compliance Programs, Equal Employment Opportunity, Department ofl Labor." For this non-construction federally assisted contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60- - 1.4(a) is included, herein. (D) Davis-Bacon Act, as amended (40 U.S.C.3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department ofLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").1 In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at ar rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must be required top pay wages notl less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by thel Department ofLabor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40U.S.C. 3145), as supplemented! by Department ofLabor regulations (29 CFR Part3 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to The non-Federal entity must report all: suspected or reported violations to the Federal awarding agency. appropriate. (C) awarding agency. which he or she is otherwise entitled. 33 (E) Contract Work Hours and Safety Standards Act (40 U.S.C.3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include ap provision for compliance with 401 U.S.C.3702: and3 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 oft the Act, each contractor must be required to compute the wages ofe every mechanic and laborer on the basis ofa standard work week of 40 hours. Work in excess oft the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halft times the basic rate of pay for all hours worked in excess of 401 hours int the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open (F) Rights to Inventions Made Under a Contract or Agreement. Ift the Federal award meets the definition of "funding agreement" under 37 CFR $ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,' the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended- Contracts and subgrants of amounts in excess of $150,000 must contain aj provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of Debarment and Suspension (Executive Orders 12549 and 12689)- -A contract award (see 2CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2CFR 180 that implement Executive Orders 12549 (3CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." . SAMI Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, the requirements outlined in 240 CFR 570.609, pertaining to the use of debarred, suspended or ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR (I) Byrd Anti-Lobbying Amemdmemt@1US.C. 1352)-Contractors: that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated: funds toj pay any person or organization fori influencing or attempting toi influence an officer or employee ofany agency, ar member of Congress, officer or employee ofCongress, or an employee ofar member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with market, or contracts for transportation or transmission ofi intelligence. and any implementing regulations issued by the awarding agency. thel Environmental Protection Agency (EPA). (H) Part 5, apply to this program and are incorporated into this Agreement. obtaining any Federal award. (J) See $200.323. (K) See $200.216. (L) See $ 200.322. Such disclosures are forwarded from tier to tier up to the non-Federal award. 34 $200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision ofa state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines oft the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level ofo competition, where the purchase price of the item exceeds $10,000 or the value ofthe quantity acquired during thej preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. $200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under al Federal award, provide aj preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Thei requirements oft thiss section must bei includedi in all subawards including all contracts (b) For purposes oft this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from thei initial melting stage through the application of coatings, occurred int thel United 2)"Manufactured products" meansi items andconstruction: materials composed in wholed ori inj part tofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such $200.216) Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and: subrecipients are prohibited from obligating or expending loan or grant funds to: and purchase orders for work or products under this award. States. as concrete; glass, including optical fiber; and lumber. (1)Procure or obtain; (2) Extend or renew a contract toj procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as as substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillançe and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iri) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of thel National Intelligence or the Director oft the Federal (b) Ini implementing thej prohibition under Public Law 115-232, section 889, subsection (f), paragraph (I), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary fort those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. or ZTE Corporation (or any subsidiary or affiliate of such entities). Technology Company (or any subsidiary or affiliate of such entities). Bureau ofInvestigation, reasonably believes tol be an entity owned or controlled by, or otherwise connected to, the government ofac covered foreign country. (c) See Public Law 115-232, section 8891 for additional information. (d) See also $ 200.471. 35 $200.321 Contracting with small and minority businesses, women'sl business enterprises, and labor surplus (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's areai firms. business enterprises, and labor surplus area: firms are used when possible. (b). Affirmative steps musti include: (1)Placing qualified small and minority businesses and women'sl business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's! business enterprises are solicited whenever (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by (5) Using the services and assistançe, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency oft the Department of Commerce; (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in they are potential sources; small and minority businesses, and women's business enterprises; and paragraphs()through (5)ofthis section. Section 3 All Section 3 covered contracts and subcontracts must include the following clause: I. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.170lu (Section 3). The purpose of Section 3istoensuret that employment and other economic opportunities generated by HUD: assistance, orl HUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients ofHUD assistance for housing. II. Thej parties tot this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with thej part 75 III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, ifany, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship: and training positions, the qualifications for each; the name and location oft the person(s) taking applications for each oft the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofthe regulations in 24CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the V. The contractor will certify that any vacant employment positions, inçluding training positions, that are regulations. regulations in 24 CFR part 75. filled 36 (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 75 require employment opportunities to be directed, were VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination ofthis contract for default, and debarment or suspension from future HUD: assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preferençe and opportunities for training and employment shall be given to Indians and (i) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b)agreet to comply with Section 3 tot thei maximum extent feasible, but noti in derogation ofcompliance not filled to circumvent the contractor's obligations under 24 CFR part 75. with section 7(b). Withr respect to work performed in connection with Section: 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment: shall be given tol Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject tot thej provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business conçerns to meet these minimum numeric goals: 1.1 Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by 2. Five percent (5%) oft the total hours on a Section 3 project must be worked by Targeted ii. Reporting. Ift the subrecipient's reporting indiçates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature ofi its activities and those its iii. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting extent feasible, but noti in derogation of compliance with Section 7(b). C.. b. Section 31 Benchmarks: and Reporting Section 3 workers; and Section 3 workers. contractors and subcontractors pursued. purposes. 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type Contract Type RFP Fixed Price RFQ ITB (Construction) Reimbursement Time and Material Requirements for ALL Contracts Federal Funding Source and Authority Statement of Work Schedule for Completion Period of Performance Not to Exceed Amount for contract Provisions for extending or amending contract Termination for Cause and Convenience Provisions for Procurement of Recovered Materials Provisions for Domestic Preference Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix II to2CFR2 200 Administrative, Contractual, or Legal Remedies forl Non-Performance Compliance with Small, Minority, and Women's Affirmative Hiring Steps Prohibition on Certain Telecommunications and Video Surveillance Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide to Recovery Uniform Guidance (2 CFR Part 200) $$2CFR 200.317-326 Procurement Standards MBE/WBE Clause phxatiso.uma.te/ssim2003l Domestic Preference htps/wwwectrgov/curennle2se-2lsection-200.322 Recovered Materials tps/www.ecf.gov/curennile2se-2/section-200.323 Telecommunications: tps/wwweclrgov/curenmle2section-200.216 Federal Clauses Appendix II to Part 200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts htps/wwwectr.gov/cumentle-laubile-BechapterOrdOnar-60-300subpart-A/section-60- 300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: tpsy/wwweverlysow. Ina accordance with section 448.095, F.S., the State ofF Florida expressly requires the following: (1) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereofmay not enter into a contract unless each partyt to (2) An employer shall verify each new employee's employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E- the contract registers with and uses the E-Verify system. Verify system to verify ai new employee'semployment eligibility. 40 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: 1. Bidder must be registered with www.SAM.gov with a status of"Active' and have no Active Exclusions 2. 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 3. have not withinat three-year period preceding this certification been convicted of or had a civilj 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; 4. 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 5. have not within a three-year period preceding this certification had one or more federal, state, or local The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless cited. agency; certification; and government public transactions terminated for cause or default. authorized by St.. Johns County. Handwritten Signature of Authorized Principal(s): NAME (print): Jomes Moson Cobo SIGNATURE: TITLE: Preoident DATE: 1-3-25 - NAME OF FIRM: Coolond Cobo Engineering Compony 41 CITY OFSEBRING AGENDAI ITEM SUMMARY MEETINGDATE: January 7, 2025 PRESENTER: Swaine AGENDA ITEM: 12A-F Proposed Ordinance Implementing a Temporary Moratorium BACKGROUND: City Council expressed a desire to have a moratorium on land use changes that would allow for new mobile home parks in the City. This proposed ordinance STAFF RECOMMENDATION: Establish the duration oft the proposed temporary moratorium for up to one (1)year from the enactment ofthe Ordinance and approve 1st reading oft the Ordinance with any changes recommended by City Council. on land use changes for Mobile Home Parks. will establish a moratorium for up to one year. REQUESTED MOTION: Approve 1St reading of the Ordinance and schedule 2nd and final reading for. January 21,2025. COUNCILACTION: APPROVED DENIED TABLEDTO: OTHER Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA, PERTAINING TO THE IMPLEMENTATION OF A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND/OR CONSIDERATION OF ANY PETITION, APPLICATION OR REQUEST FOR DEVELOPMENT ORDER, OF ANYTYPE, INCLUDING BUT NOT LIMITED TO A ZONING CHANGE OR COMPREHENSIVE PLAN AMENDMENT, RELATED TO MOBILE HOME PARKS, ANY DEVELOPMENT WHICH ALLOWS MOBILE OR MANUFACTURED HOMES AND/OR INCLUDES MOBILE AND MANUFACTURED TEMPORARY HOME STANDARDS; MORATORIUM; PROVIDING PROVIDING FOR A FOR FOR THE LEGISLATIVE FINDINGS ANDINTENT; PROVIDING IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND WHEREAS, the Legislature oft the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the PROVIDING AN EFFECTIVE DATE. public health, safety, and general welfare ofi its citizenry; and WHEREAS, the City of Sebring ("City") Code of Ordinances ("Code") contains various regulations related to mobile and manufactured home standards, mobile home parks and residential subdivisions which allow for mobile and manufactured homes; and WHEREAS, such regulations have not been reviewed or changed in many years and the standards for considering zoning changes to allow for mobile and manufactured home developments may not adequately assess the evolution of the surrounding areas and/or the specialized needs of mobile and manufactured home developments; and WHEREAS, the City Council has determined it necessary to study the current Code with the intent of reviewing, updating and promulgating City land development and other regulations to provide more clear guidelines for mobile and manufactured home development standards, mobile home parks and residential subdivisions which allow for mobile and manufactured homes; and WHEREAS, in order to protect the health, safety and welfare ofi its citizens, visitors and business residents, the City desires to further research, review and consider certain existing mobile and manufactured home development regulations and standards; and Ordinance Page 2 of4 WHEREAS, the imposition of a temporary moratorium, with certain exemptions, on the acceptance, processing and/or consideration ofany petition, application or request for development order. of any type, including but not limited to a zoning change or comprehensive plan amendment, related to mobile home parks, any development which allows mobile or manufactured homes and/or includes mobile or manufactured home standards, will allow the necessary time to research, review, study and prepare the appropriate regulations for the City; and WHEREAS, after conducting a public hearing, the City finds that such a temporary moratorium serves a legitimate public purpose, is reasonable in time and is in the best interest of the health, safety and welfare of the citizens, visitors and business residents oft the City. NOW THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: Section 1. The above recitals are true and correct and are adopted as the legislative findings of the City Council. The City of Sebring has complied with all requirements and procedures of the Florida law in processing this ordinance. Section 2. A. Beginning on the Effective Date of this ordinance, a temporary moratorium is hereby imposed on the acceptance, processing and/or consideration of any petition, application or request for development order, of any type, including but not limited to a zoning change or comprehensive plan amendment, related to mobile home parks, any development which allows mobile or manufactured homes and/or includes mobile or manufactured home standards. B. In order to protect the due process and other constitutional rights of applicants and the general public, any petitions or applications received prior to the effective date of this ordinance shall be tolled for the term of this moratorium and if this moratorium is lifted without change in the current development regulations of mobile home parks, mobile homes and manufactured homes, such aj petition or application shall resume at no additional cost to the petitioner/applicant. If, however, the moratorium is lifted with changes to the current development regulations, such petition or application must be revised as necessary to conform with the newly adopted regulations and shall thereafter resume at no additional cost to the petitioner/applicant. Exempted from this Section are developments which are under construction or have all approvals inj place to start construction as of the effective date ofthis ordinance. automatically terminate unless lifted sooner through repeal ofthis ordinance. C. This temporary moratorium shall be in effect through January 20, 2026, and shall D. This temporary moratorium shall have no effect on any development approvals secured prior to the effective date oft this ordinance. Ordinance Page 3of4 Section 3. The City Administrator is hereby authorized and directed to take such actions as are deemed necessary and appropriate in order to implement the provisions of this ordinance. The City Administrator may, as deemed appropriate, necessary, and convenient, delegate the powers of implementation as herein set forth to such City employees as deemed effectual and prudent. Section 4. This Ordinance shall not be codified in the Code of Ordinances of the City of Sebring, Florida. A certified copy of this enacting ordinance shall be located in the Office of the City Clerk of Sebring. The City Clerk shall also make copies available to the public for a reasonable publication charge. Section 5. Sections of this Ordinance may be renumbered or re-lettered and the correction of typographical and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or his designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. Section 6. This ordinance shall become effective immediately upon its final passage and adoption. INTRODUCED AND PASSED on First Reading at the regular meeting of the City of Sebring City Council held on the 7th day of January, 2025. PASSED AND DULY ADOPTED on second reading at the meeting of the City of Sebring City Council duly assembled on the day of 2025. CITY OF SEBRING, FLORIDA Roland Bishop, President City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after consideration at two advertised public hearings and at two separate meetings after notice being property published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. Ordinance Page 4 of4 2025. WITNESS my hand and seal at Sebring, Florida, this day of Kathy Haley, City Clerk City ofSebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I,KATHY HALEY, City Clerk oft the City of Sebring, Florida, hereby certify that a copy ofthe foregoing Ordinance was posted by me at the door oft the City Hall on the day of 2025. 2025 and that same remained so posted until the day of Kathy Haley, City Clerk City of Sebring, Florida EBRING chy oW THE CIRCLE Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on Sebring's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA, PERTAINING TO THE MPLEMENTATION OF A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND/OR CONSIDERATION OF ANY PETITION, APPLICATION OR REQUEST FOR DEVELOPMENT ORDER, OF ANY TYPE, INCLUDING BUT NOT LIMITED TO A ZONING CHANGE OR COMPREHENSIVE PLAN AMENDMENT, RELATED TO MOBILE HOME PARKS, ANY DEVELOPMENT WHICH ALLOWS MOBILE OR MANUFACTURED HOMES AND/OR INCLUDES MOBILE AND MANUFACTURED HOME FOR A TEMPORARY MORATORIUM; PROVIDING FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR STANDARDS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Sebring is of the view that a business impact estimate is not required by state lawi for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Sebring may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS posting. The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the adoption of budgets or budget amendments, The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance regulation; The proposed ordinance relates to the issuance or refinancing of debt; including revenue sources necessary to fund the budget; accepted by the municipal government; The proposed ordinance is an emergency ordinance; 'See Section 166.041(4)(c), Florida Statutes. 1 Form created consistent with. 2024 Florida Statutes 166.041(4) The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in S. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under SS. 163.3220-163.3243; b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; C. Sections 190.005 and 190.046, Florida Statutes, regarding community development d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. districts; 2 Form created consistent with 2024 Florida. Statutes 166.041(4) BUSINESS IMPACT ESTIMATE REQUIREMENTS In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Sebring hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, The ordinance will establish a temporary moratorium on the City's consideration of land development changes related to mobile home parks. Studying the housing needs of the City residents and the location for potential new mobile home parks serves the public health, safety, such as serving the public health, safety, morals and welfare): and welfare. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- (a) An estimate of direct compliance costs that businesses may reasonably (b) Any new charge or fee imposed by the proposed ordinance or for which (c) An estimate of Sebring's regulatory costs, including estimated revenues from any profit businesses in Sebring, if any: incur; businesses will be financially responsible; and new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed There are no land use change requests for mobile home parks in process at the City. Iti is unknown whether there are any businesses that wish to pursue land use changes to permit ordinance: mobile home parks in the future. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Sebring's staff solicited comments from businesses in Sebring as to the potential impact of the proposed ordinance by contacting the chamber ofcommerce, social media posting, directmail or directemail, posting on Sebring's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). 3 Form created consistent with 2024 Florida Statutes 166.041(4) NOTICE OF PUBLICI HEARINGS AND INTENT TOADOPT ORDINANCE Please taker notice that public hearings will be held int the City of Sebring CouncilChambers, 368 South Commerce Avenue, Sebring, Florida 33870 before the City Council on January 7,2025, beginning at 5:30 p.m., or soon thereafter as possible and on January21,2025 After the conclusion of the second public hearing, Ordinance No. 1535 will be presented tot the City Council for adoption upon its second and final reading. A copy of the proposed Ordinance can be obtained from the office of the City Clerk. Any person may appear and be heard with respect to the proposed Ordinance. The proposed Ordinance is entitled as AN ORDINANCE OF THE CITY OF SEBRING, FLORIDA, PERTAINING TO THE IMPLEMENTATION OF A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING AND/OR CONSIDERATION OF ANY PETITION, APPLICATION OR REQUEST FORDEVELOPMENT ORDER, OF ANYTYPE, INCLUDINGBUTNOTIMITEDTOAZONING CHANGEORCOMPREMENSIVEPLANAMENDMENT, RELATEDTOMOBILEHOME PARKS, ANY DEVELOPMENT WHICH ALLOWS MOBILE OR MANUFACTURED HOMES AND/ OR INCLUDES MOBILE AND MANUFACTURED HOME STANDARDS; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR A TEMPORARY MORATORIUM; PROVIDING FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; PROVIDING FORCONFLICTS;PROVIDINGFORSEVERABILITYANDPROVIDINGANEFFECTIVEDATE. Pursuant to Section 286.0105 of the Florida Statutes, as amended, the City Council hereby advisesthatifanyl interested person decides to appeal any decision made byt the City Council with respect to any matter considered at the proceedings, he will need a record of the proceeding: and that, for such purpose, he may need to ensure that a verbatim record ofthe proceedings is made, which record includes the testimony and evidence upon which the THE CITY OF SEBRING DOES NOT DISCRIMINATE UPON THE BASIS OF AN INDIVIDUAL'S DISABILITY STATUS. THIS NON-DSCHIMINATORY POLICY INVOLVES EVERY ASPECT OF THE CITY'SFUNCTIONS, INCLUDING ONE'S ACCESS1 TO, PARTICIPATIONI IN, EMPLOYMENT OF, OR TREATMENT IN, ITS PROGRAMS AND/OR ACTIVITIES. IN ACCORDANCE WITHTHE AMERICAN WITH DISABILITIES ACT, PERSONS WITH DISABILITIES NEEDING A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT KATHY HALEY, CITY CLERK, AT 368 SOUTH COMMERCE AVENUE, SEBRING, FLORIDA 33870, TELEPHONE (863) 471-5100, NOT LATER THAN TWENTY-FOUR (24) HOURS PRIOR TO THE PROCEEDING. IF HEARING OR VOICE IMPAIRED, PLEASE CALL THE CLERK THROUGH FLORIDA RELAY. SERVICE AT 711: (TTY) 1-800-955- 8771, OR VOICE (V) 1-800-955-8770, beginning at 5:30 p.m., or soon thereafter: as possible follows: appeal is tol be based. VIAFLORIDA RELAY: SERVICE. This notice shall be published on December. 31, 2024. Kathy Haley, City Clerk City of Sebring, Florida Robert S. Swaine Swaine, Harris &amp; Wohl, P.A. 425 South Commerce Avenue Sebring, Florida 33870 City Attorney CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7,2025 AGENDA ITEM#: 13A-P Project Report PRESENTER: Noethlich/Robinson BACKGROUND: West Lake Jackson Project - CivilSurv presented the 90% deliverable for Phase Iat the September 3rd meeting and they are working on the 100% deliverable. Further, as an interim solution for the roadway condition. Excavation Point paved several sections oft that portion of Lakeview to smooth out the roadway. Staffi is working on obtaining easements. Eco-Park -Contract has ben executed and the City is awaiting a proposal for a Phasel I Potential FDOT road swap ofa a portion of SR17 - City, County and FDOT had a preliminary meeting to discuss and will be discussing the logistics of the swap - approximate time frame provided by the State was 1.5-2 years. FDOT has set meetings for fourth Thursday ofe each Relocation of Public Works/Utilities - City has submitted offer on parcel and is awaiting Environmental. month. acceptance. Contract is ini negotiations. Mobile Home Park Moratorium - On Council's agenda for ISt, reading. Lakeview Watersports Agreement - has been sent to Lakeview Watersports for their review and staffi is waiting for a response. As directed by Council at the December 17,2024 meeting, correspondence has been sent to Lakeview Watersports abandoning the proposal ift the draft license agreement is not executed by January 31, 2025. REQUESTED MOTION: None; for informational purposes COUNCIL ACTION: APPROVED DENIED TABLED TO: Moved by: Seconded by: Carlisle Havery Mendel Stewart Bishop. OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETINGI DATE: January 7,2025 PRESENTOR: Haley AGENDA ITEM#: 14A- City of Sebring Bills BACKGROUND: The bills for the. January 7,2025 meeting will be emailed to you on January 3, 2025. REQUESTED MOTION: Approve the payment of bills as presented. COUNCIL ACTION: APPROVED DENIED OTHER Moved by: - Seconded by: DEFERRED Carlisle_ Havery_ Mendel Stewart Bishop CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: January 7, 2024 PRESENTER: Kathy Haley AGENDA ITEM#: 14B-A Appointment to CRA Board BACKGROUND: Ms. Kelly Cosgrave has resigned her position on the CRA Board. Her term would have expired September 30, 2026. The vacancy was posted on the City's web page and the Mayor, City Council and the press were notified. Two applications have been received. Ms. Audrey Asciutto Ms. Sarah Murphy To be ai member oft this board you must reside in the City limits or be engaged in a business within the City limits as a business owner or employed by the business full- time. The appointment will be to fill the unexpired term ofMs. Kelly Cosgrave until September 30, 2026. Board Member Applications are attached. REQUESTED MOTION: No motion requested; fill vacancy as Council deems appropriate. COUNCIL ACTION: APPROVED DENIED TABLEDTO: Moved by:. Seconded by: Carlisle Havery Mendel Stewart Bishop OTHER Sheet3 *Council President Bishop willi instruct the City Clerk to read the names in alphabetical order. *The candidate with the majority vote will be appointed to serve as a CRA member. *The process will be repeated with the name oft the appointed member deleted in each subsequen *A Councilmember may vote "yes" or "pass". *Each Councimember has one vote per vacancy. NOMINEE Vacancy #1 Audrey Asciutto Sarah Murphy Page 1 EBRING C40n76 CRAs BOARD MEMBER APPLICATION Pleaset type or print thet following information Last Name: Asciutto First Name: Audrey M.I. A Physical Home Address: 865 Killarney Drive City: Sebring State: FL Zip: 33870 Mailing Address (If different fromp physical): N/A City: N/A State: and N/A Zip: N/A Doy you own a business? Point 270L LLC, DBA Audrey's Place Ifsop provider name and address: Home Phone: NIA Email Address: Sebring Lakefront Properties, LLC Business Phone: 863-273-0308 Cell Phone: 863-273-0308 auteyasdupcpmacon Arey your registered to vote? Yes, Highlands County Florida Ifso, where arey your registered? What Board(s) are) youinterestedi in serving? Please list inc order ofp preference: Community Redevelopment. Agency List all City Boards on which youl have previous served, including dates. (Please note thati ify youa are currently serving ona a City Boardy your may! have tor resign from that Boardi if appointed to another Board.) Educational qualifications: List any related and licenses you hold: Givey your present, or most recent employer, position: Describe experiences, skills, or knowledge which qualifies yout to serve ont the board: (Please attachab briefr resume) None None Real Estate Broker License professional certifications Mortgage Loan Originator License Sebring Lakefront Properties, LLC- Sebring, FLI Broker of Record/Owner Audrey's Place-, 106 Circle Park Drive Sebring, FI- Owner/Operator employer address, and Mpire Financial, Mortgage Advisor and Broker 24501 Maitland Center Pkwy #200, Maitland, FL3 32751 See attached resume Ihereby certifyt that allt the above statements are true, andl lagree and understand that any misstatement ifr material facts contained in this application may cause forfeiture upon my part of any appointment. Signature: Adkuy Ayiuthe Date: January2.2025 Audrey Asciutto (863)273-0308 865 Killarney Drive, Sebring, FL33870 CRA Board Member Application Resume Submission Summary bring extensive experience in housing and economic development within the CRA district, combined" with lifelong ties, interest, and passion for our downtown area. Ties to Downtown Sebring and the CRAI District Property Owner within the CRA district (104 Circle Park Drive) Owns and manages commercial property at 104 Circle Park Drive, Sebring, Activelyworks to maintain and improve the property to combat blight and FL. enhance commerce. Contributes directly to property taxes int the CRA district. Long-term Resident of the downtown and CRA district for approximately 24 years: 1995-2007* 2008-2020* (*Dates are approximate.) Raised my family int the area, frequently yutilizing local parks and services. Boards and Leadership Roles Highlands County Affordable Housing Advisory Committee Board Member Uanua/l7,202-Peseny Florida Non-Profit Housing Executive Board Board Member (February 2023-F Present) Director, Florida Non-Profit Holdings August2023-Plesent, Heartland Association of Realtors R-PAC Committee Chair (2016-2018) Meta and exceeded fundraising goals eachy year. and the National Association of Realtors. Advocated for local Realtor members on issues presented by Florida Realtors Work Experience Real Estate Licensed Realtor with 12 years of experience. Facilitated 15 propertytransactions within the downtown/CRA area 2019-Presenty. Worked withi investors int the CRA district toi improve housing conditions. Assisted private home sellers and buyers in achieving theirg goals. Top-producing agent: Ranked int the top 7% of residential Realtors in Sebring Earned a real estate broker license and established a privately run brokerage in (Heartland MLS, 2024). 2023. Mortgage Broker Audrey's Place Licensed and practicingmorgage broker with Mpire Financial. Opened and operates Audrey's Place, a short-term rental business (November 2022). Welcomed over 300 guests to downtown Sebring, contributing directly tot the Registered as a public lodging establishment with the State of Florida. Operates two short-term rental properties within the CRA district. Consistent Airbnb Superhost with a 4.9-star average rating. CRA district's economy. Contributes to the CRA district through property taxes, tourism advertising, and supporting local businesses. Additional Contributions Active participant in enhancing downtown Sebring through properylmprovements Demonstrated commitment to the CRA districtthrough professional and personal andeconomic stimulation. endeavors. SEBRING ciTy on THE CIRCLE BOARD MEMBERAPPLICATION Please Type or Print the Following Information Last Name: Murphy Physical Home Address: 1561 Lakeview Dr. First Name: Sarah M.I: E State: Zip Code: FL 33870 State: Zip Code: State: Zip Code City: Sebring City: City: Mailing Address (If different from above): Do you own a business? If sO provide name and address: nla Home Phone: nla Business Phone: 863-402-6906 Cell Phone: Email Address: 863-202-6260 rogerss9614@gmal.com Are you a registered voter? If so, where are you registered? yes; Highlands County, FL What Board(s) are you interested in serving? Please listi in order of preference: Community Redevelopment Agency List all City Boards on which you have previous served, including dates. (Please note that if you are currently serving on a City Boardy your may have to resignfrom that Board if appointed to another Board.) nla Educational qualifications: Bachelor of Arts, Wake Forest University List any related professional certifications and licenses you hold: n/a Give your present, or most recent employer, employeraddress, and position: Highlands County, 501 S. Commerce Ave.; Current Position: Executive Manager of Business and Describe experiences, skills, or knowledge which qualifies you to serve on the board: (Please attach a brief Economic Development resume) Please see attached Ihereby certify that all the above statements are true, and Ta agree and understand that any misstatement if material facts contained in this application may cause forfeiture upon my part of any appointment Sarak PMpty SIGNATURE 12/06/2024 DATE Sarah Beth Murphy 1561 Lakeview Dr. Unit 941 |Sebring, FL: 33870/863202.6260, smuphygnghamdilgow EDUCATION Wake Forest University, Winston-Salem, North Carolina Bachelor of Arts in English with a minor in Communication, December 2018 Highlands County Board of County Commissioners, Sebring, FL Executive Manager of Business and Economic Development, January 2024-present WORK. EXPERIENCE Conducts economic development project management including: analyzing location criteria for business prospects, responding to requests for information, partnering with local and regional economic development organizations, preparing formal presentations for business prospects, and planning, coordinating and guiding company representatives through on site and community tours Maintains and develops data on sector specific businesses, growth and opportunities, while directing long and short-term planning and other studies and reports Assembles and oversees the annual budget Economic Development Manager, June 2022-January 2024 Promoted economic development for Highlands County Researched, identified, and implemented grant opportunities that support economic development Responded to requests for information for economic development opportunities Children' ' Advocacy Center. Manager, October 2020-June 2022 Facilitated the Multidisciplinary Team functions of the Children's Advocacy Center (CAC) Served as the Executive Director of the Children's Services Council Supervised all programing at the CAC, including therapy and advocacy Created, established, and monitored the implementation of agency protocols to ensure compliance Planned and oversaw all revenue and expenditures ofCAC budget Participated in a variety of community groups including the Child Abuse Prevention and Permanency Task Force, the Hope for Highlands: Building a Trauma-lInformed Community Taskforce, Homelessness Task Force, and the Sexual Assault Response Team United Way of Central Florida, Highlands County. Area Coordinator, Lakeland, FL, June 2019-October Campaigned with businesses and individuals to draw support for local agencies Led allocation team in brokering services that meet critical needs in Highlands County Collaborated with partner agencies to provide education, health, and financial stability services Amplified donor dollars by securing local and federal matches Researched, prepared, wrote, and submitted grant proposals to fund specific community programs initiatives 2020