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199373 - AGENDAS - City Commission
ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, DECEMBER 8, 2009 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED, REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION 1S BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE 4 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 7. CONSENT AGENDA 7.6 RESOLUTION #2009-234 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT WITH DIVERSIFIED DRILLING CORPORATION IN AN AMOUNT NOT TO EXCEED $100,000.00, FOR THE REDRILLING OF THE "G" WELL IN DANIA BEACH BASED UPON A LEE COUNTY WELL DRILLING CONTRACT, WITHOUT COMPETITIVE BIDDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 2009-234 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT WITH DIVERSIFIED DRILLING CORPORATION IN AN AMOUNT NOT TO EXCEED $100,000.00, FOR THE REDRILLING OF THE "G" WELL IN DANIA BEACH BASED UPON A LEE COUNTY WELL DRILLING CONTRACT, WITHOUT COMPETITIVE BIDDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the r Y City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates; and WHEREAS, on June 28, 2009 the City Commission approved the update to the Facilities Plan; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for services associated with the nanofiltration plant; and WHEREAS, this plan included the following recommendation: Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach; and WHEREAS, a recommendation has been made to contract with Diversified Drilling Corporation based upon a competitive bid awarded to that company by Lee County on April 8, 2009, to include redrilling a City well, casing it, ordering and installing the new pump and ancillary work totaling a sum not to exceed $100,000.00; and WHEREAS, the approved 2010 budget for the Water Fund allocates $1.1 million for raw water well improvements toward well "G", well "H" and proposed new horizontal wells"I"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1: That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2: That the proper City officials are authorized to execute a contract as specified above. Section 3: That funds for this procurement are available and shall be used from the approved 2010 Water Fund budget — Improvements Other Than Building account# 401-3302-533-6310 in an amount not to exceed $100,000.00. Section 4: That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5: That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2009. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2009-234 TO: Mayor Anne Castro Vice Mayor C. K. "Mac" McElyea Commissioner Robert Anton Commissioner Walter Duke Commissioner Albert Jones FROM: Robert Baldwin, City Manager BY: Dominic F. Orlando, P.E. Director of Public Services Date: November 25, 2009 RE: Approval of Award of Project to Diversified Drilling Co. for Redrilling of Well "G" Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. State Revolving Fund loans were identified as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of water facilities. Raw water supply reliabitiy was a piece of the plan. In the plan it was noted that: "The City's Wells provide relatively good quality raw water, although high in iron. During drier parts of the year, the wells are influenced by saltwater exfiltration from the C-10 Canal System. The County's Brian Piccolo Park (BPP) Wells have higher color and high iron. The iron from both wellfields causes staining and is indicative of water with high concentrations of naturally occurring groundwater bacteria." There were six alternatives to resolve the water treatment plant problem: build a new lime softening water treatment plant, build a membrane water treatment plant, refurbish the old water treatment plant, some combination of the above, buy bulk water, or do nothing. The do nothing alternative does not comply with the City's comprehensive planning effort to provide adequate service to its residents so this option will be discarded. Refurbishing the current water treatment plant is an option, but despite substantial investments, the current facility cannot be made to treat the County water supply. In reviewing water treatment alternatives, three real options exist, albeit with major differences: a new membrane softening system, a hybrid membrane system with the existing plant refurbished and the purchase of bulk purchase from Hollywood. An analysis of the cost justification was undertaken. Operations costs were estimated from existing budgets, modified to factor in increases in power and/or chemical versus the bulk purchase. From this analysis it was clear that the hybrid option was the least costly. The recommended course of action was to construct the hybrid system. Both Wells were repaired in 2003 and 2005. It should be noted that in 1986, City get permits for and drills Wells "G"&"H" with capacity of 2 MGD. The paln also noted the long-term water supply strategy. In 1989, Broward County & SFWMD proposed Brian Piccolo (BPP) wellfield as solution to future water supplies for Dania Beach, Hollywood & Hallandale Beach - taxpayers agree to pay for it. In June 1990, the City entered into an agreement for 1.1 MGD from Brian Piccolo Wellfield to increase raw water supplies with a long-term capacity of 5.8 MGD. This was to be THE solution for Dania Beach water supplies, requiring nanofiltration treatment. On May 10, 1994 the Broward County agreement modified because no water has been delivered. Since then Dania Beach has taken 1.1 MGD. In the spring of 1991, the City applied for and received a water use permit applied for 2 MGD from Wells "G"&"H". In 1996, water use permit renewed at 2 MGD, no increase in City supply from Wells "G"&"H" performed. Again on March 15, 2001 the WUP was renewed by SFWMD, no change in City supplies. No modeling was performed for any of these renewals. In April, 2006, a WUP renewal was applied for. Because of damage to Wells "G" and "H", in the summer of 2006, the 2007-2012 CIP Budget includes new Well "I". Concurrently the Fall 2006 Drought starts, resulting in the City's water use permit being pulled from SFWMD Agenda. No increases were requested since the BPP sources was the future solution. The entire water supply program was changed in February 2007, when the SFWMD implements Water Resource Allocation rule that limits water use permits to maximum 12 month 2000-2005 (Dania at 1.8 MGD vs 2 MGD applied for, Brian Piccolo decreased from 21.8 to 11. 8 MGD). This in essence cut off the planned future supply for the County. However, at meeting with the SFWMD, SFWMD staff realized the issues with Brian Piccolo as a solution for Dania Beach, Hallandale Beach, Hollywood and Broward County, so all 4 permits were linked until a larger solution could be found. SFWMD requested five six month extensions for response to permit starting in November 2007 to resolve permit issues; all are granted by the utilities. Note because the SFWMD was not in the position to issue the permits, they had to request the extension, not the utilities who had no outstanding issues at the time. Since then, only Hollwyood's permit has been issued. To resolve the BPP water supply problem, Broward County initiated a Safe Yield study of BPP Wells. Realizing Dania Beach needs to retain water supplies of its own for diversification reasons, the City initiated a series of water supply efforts. As a part of the on going water supply investigation, Dania Beach drilled test wells west of current site, but the well was not productive. Saltwater is found at 55 ft, indicating a lens under the City. The solution to this problem would be to skim water off the top. The horizontal well concept was initiated, and because part of the new Facilities Plan update and the responses to DCA as "captured rainfall" per District staff recommendation. In the winter of 2008, Dania Beach Staff met with Ranney Well people and outlines needs for Horizontal Well. On June 28, 2009, the City Commission approved the Facilities Plan Update, which contained the following strategy and update: "Strategy 2: Improve Reliability of Raw Water Supply It is the goal of the City of Dania Beach to provide to the users of the City of Dania Beach a safe reliable and adequate potable water system. To this end the City developed a 10 year water supply plan and updated its comprehensive plan to meet the service demands of the City and comply with SFWMD directives. No increase in water supplies is needed in this period. However, the City will pursue the following new action steps: • Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. • Participate with the County efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. The City also routinely monitors water quality. This is an ongoing maintenance/operational program. Action Steps: 1. Evaluate implementation of wellfield disinfection program on a routine basis - Status - ongoing 2. Develop record-keeping to monitor long term changes in raw water quality including record-keeping to monitor long-term bacteriological growth-Status - ongoing 3. Ensure that Brian Piccolo water meets minimum bacteriological, silt and sand parameters as set by City's design professional - Status - ongoing 4. Implement routine wellfield microbial sampling program - Status - ongoing 5. Provide monitoring capability to Wells for security purposes - Status - to be included with nanofiltration membrane upgrade (with control system)" In addition the conclusions noted: "In addition to the prior goal set by the City, two new ones have been added: • Investigate additional well locations in the City's current wellfield. This will require drilling of test wells, additional monitoring wells (completed 2007) and modeling of proposed locations to determine if additional raw water is available in Dania Beach. • Participate with the County efforts to recharge the County wellfield on a utilization basis. This may include additional wells, storm water recharge or reuse recharge. It should be noted that the City does not incur a water supply deficit until 2018. The City has in place some conservation efforts and it will continue to pursue these." The 2010 CIP includes funding for raw water well improvements including existing well "G" and well "H" and the creation of new Horizontal Well and preliminary modeling commenced (and remains ongoing). At a meeting on September 25, 2009, the SFWMD indicates the new water use permit would include a safe yield study for Dania Beach to retain 1.8 MGD, SFWMD staff recommends re-drilling well "G" prior to Safe Yield study to get useful results. Diversified Drilling Contractors, Inc. (DDC)to get price to City to piggy-back neighboring drilling contract to re-drill Well "G" to correct construction deficiencies and get sand samples To quickly deal with the Well "G" issues, Hazen and Sawyer was engaged to get a price to redrill the well based on existing contracts. Diversified Drilling is doing similar wells in Lee County and are willing to offer the same prices to Dania Beach. This was competitively bid on April 8, 2009 and awarded to DDC. The anticipated drilling program is as follows: The preferred intent would be to drill a 24 inch well, cased likely to about 55/60 feet, open hole no deeper than 70 feet as follows: 301 Mobilization 1 LS 40,000 $ 40,000.00 302 Drill 8-Inch Pilot Hole to 55 ft 70 FT 25 $ 1,750.00 303 Ream 26" Hole to 55 feet 70 FT 60 $ 4,200.00 304 Furnish & Install 20" x .375 Steel 60 FT 50 $ 3,000.00 Casing 305 Cement 20-Inch Casing w/ Neat 60 Sacks 15 $ 900.00 Cement 306 Drill 8-Inch Pilot Hole to 70 ft 15 FT 25 $ 375.00 307 Ream 26" Hole 55 to 70 feet 15 FT 60 $ 900.00 313 Air Develop Well Clean from Solids 8 HR 180 $ 1,440.00 $ 52,565.00 The casing is steel, A53/B or API5L/B .375 wall. DDC is quoting a Goulds, Cl/BF 2 stage submersible pump with a Franklin 40 hp 460v motor. Pump produces 719 gpm Q 150' tdh. Price includes 40 feet of 6- Inch Certa-Lok PVC Column pipe, 6" Ductile Iron Check Valve and 60 feet of 3/8" 4/3 flat jacketed power cable and 60 feet of 3/8" SS safety cable. Price also includes basic 6" x 20" well head with 90 degree elbow. Price includes taxes, delivery and installation. Their quoted price does not include any bacteriological or other water quality testing nor does it include any electrical connections. Quoted price for the pump work is$24,400.00 Adjustments may be needed during costruction, including the electrical connections, so the contract figure was rounded up to Not-to Exceed amount of $100,000.00 for purposes of an agreement. Recommendation As a result our consultants and staff recommends that the City Commission permit the City Manager to enter into an agreement with Diversified Drilling Contractors, Inc. to redrill the "G" Well, including the drilling, casing pipe, column pipe, pump, electrical equipment, all contingencies and permit allowances in a Not-to-Exceed amount of $100,000.00, using available approved budget funds in the Water Fund - Improvements Other Than Building account #401-3302-533-6310 and authorize the City Manager to execute the documents. I i I k w O m N T 7 V � � o a � O w Cv �. oa Q ; U N N - N C ftl Q a 3 � 0 t U f6 � m z � c� 0 eta CONTRACTOR AGREEMENT THIS AGREEMENT (referred to as the "Agreement" or the "Contract") is entered into and effective on , 20 , between the CITY OF DANIA BEACH, a Florida municipal corporation ("City"), having an address of 100 West Dania Beach Blvd., Dania Beach, Florida 33004 and DIVERSIFIED DRILLING CORPORATION, a Florida corporation ("Contractor") having an address of 5620 Lee Street, Lehigh Acres, Florida 33971. RECITALS 1. City is the owner of certain real property located in the City of Dania Beach,Florida described as the wellfield of Well "G". 2. City desires to retain the services of Contractor, and Contractor agrees to complete a Project,all as set forth below. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties, intending to be legally bound, covenant and agree as follows: 1. PROJECT SUMMARY The following summary (the "Project Summary") provides the pertinent facts and certain general terms with regard to the design and construction of the Project, which is the subject of this Agreement. Capitalized terms which are not defined in the text shall have the meanings ascribed to them in Section 2 of this Agreement. J " " as 1.1 Project Description. The Project consists of the "Scope of Work P P outlined in Exhibit"1", attached to this Agreement. 1.2 Project Representatives. For purposes of this Project, the following shall serve as contact persons and as the Project Representatives for each party: City of Dania Beach Robert Baldwin, City Manager Telephone No: 954-924-6800 City's Project Dominic Orlando, P.E. Director of Telephone No: Representative Public Services 954-924-3740 Contractor's Project Telephone No: Representative_ j 1.3 Services. The Contractor shall complete the Project in accordance with the terms and conditions of the Contract Documents. The parties acknowledge and agree that nothing in this Agreement shall be construed so as to provide, grant or confer any rights to Contractor and its Subcontractors with respect to the provision of any other services not expressly set forth in the Scope of Work and Contract Documents. 1.4 Schedule for Performance. The Contractor shall complete the Project pursuant to the schedule set forth in Exhibit "1" to this Agreement (the "Contract Time"). The Contract Time set forth in Exhibit "1" shall commence to run on the thirtieth (30`h) day after the effective date of this Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the effective date of this Agreement. 1.5 Compensation. It is the intent and agreement of the parties that the City shall pay the Contractor for its performance of its obligations under this Agreement a single Contract Sum for the Construction Work. It is also the intent and agreement of the parties that the Contract Sum for the construction services of the total Project shall not exceed the amount of One Hundred Thousand Dollars ($100,000.00). 2. DEFINITIONS For the purposes of this Agreement, the following terms are defined: 2.1 "Addendum", "Addenda" and "Amendment" mean a written modification to this Agreement or the Contract Documents or both, executed by the Contractor and City covering changes, additions, or reductions in the terms of this Agreement. 2.2 "Attachments" means the written documents attached to this Agreement. 2.3 "Building Division" means the City of Dania Beach Building Division. 2.4 "City"means the City of Dania Beach. 2.5 City's Project Representative—The person(s) designated in Section 1.2, above. 2.6 "Construction Documents" means the complete set of drawings and documents that establish and describe the size and character of the Project as to, but not limited to, architectural, structural, mechanical, electrical, plumbing, and fire protection systems, materials and such other elements as may be appropriate. These documents are sufficient in nature to accurately construct the Project. 2 2.7 "Contract Documents" means this Agreement and its attachments, as well as all documents related to this Agreement, including but not limited to this Agreement, the Plans and Specifications and all exhibits and documents related to them and contemplated by them, as well as all Addenda and amendments related to each with respect to the Project and all changes to the documents issued by City after execution of this Agreement. 2.8 "Construction Work" means the construction of the Project required of the Contractor under the terms of this Agreement and the Contract Documents. 2.9 "Contract Sum" means the total amount to be paid by the City for the construction services of the Project, in accordance with terms and conditions of this Agreement. 2.10 "County" means Broward County. 2.11 "Day" or"Days"means a calendar day or days. 2.12 "Contractor" means Diversified Drilling Corporation, a Florida corporation. 2.13 "Design Services" are all design services performed by the City's Consultant, if any. 2.14 "Field Office" means the field office at the Project Location provided by the Contractor. 2.15 "Final Completion" means that all Work required under the Contract Documents has been fully and properly completed, including punch list items, issuance of certificates of final occupancy and use, delivery of record drawings, electronic files manuals, and performance of all required training. 2.16 "Materials" means materials, supplies, apparatus, appliances, equipment, fixtures, machinery, tools and all other items furnished or delivered in connection with the Project. 2.17 "Notice to Proceed" means written notification by City to the Contractor authorizing commencement of any phase of the Work as may be required by this Agreement in the form attached to this Agreement as Exhibit "K". 2.18 "Owner"means the City of Dania Beach, Florida. 2.19 "Project"means the construction, in accordance with this Agreement and the Contract Documents. 3 2.20 "Project Location" or "Project Site" means the site where the Project is to be constructed. 2.21 "Project Representative" means each of the professional persons selected by City and the Contractor to act as the parties' respective representatives and to interact with each other. 2.22 "RIFF', if any, means the City Request for Proposals, including all documents included within, attached to, and referenced in it. 2.23 "Schedule of Values" means a statement furnished by the Contractor to the City's Project Representative, reflecting the portions of the Contract Sum allocated to the various portions of the Work and used as the basis for reviewing the Contractor's requisitions for payment. 2. 24 Subcontractor means any person or entity, other than the Contractor's own employees, employed or retained by, or under contract with the Contractor to perform any portion of the Work. 2.25 "Subcontractor Contract" means any contract in writing between the Contractor and a Subcontractor. 2.26 "Substantial Completion" means and includes all Work (exclusive of items of unfinished "punch list" Work that do not preclude beneficial use of the premises) required to complete the Work as set forth in the Contract Documents. Substantial Completion shall be deemed to have occurred upon the submission of a Certificate of Substantial Completion (in the standard AIA form) to the City by the architect of record, if any, and the issuance of a Temporary Certificate of Occupancy for the Project or upon written approval of the Building Official. 2.27 "Work" means the Construction Work of the Project required of the Contractor under the terms of this Agreement and the Contract Documents. 3. ADMINISTRATION OF THE CONTRACT 3.1 The City's Project Representative will have the authority to act on behalf of the City to the extent provided in the Contract Documents, unless otherwise modified by written instrument which will be issued to the Contractor. All instructions to the Contractor shall usually be issued through the City's Project Representative, except under special circumstances when instructions may be issued by the City directly. 3.2 City personnel and the City's Project Representative shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access so the City's personnel and the City's Project Representative may perform their functions under the contract. 4 3.3 The City's Project Representative will make periodic visits to the site to become familiar generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations the City's Project Representative will keep the City informed of the progress of the Work, and will endeavor to guard the City against defects and deficiencies in the Work of the Contractor. 3.4 The City's Project Representative shall take, prepare, and distribute minutes of all Project meetings. Communications by and with any Subcontractors and material suppliers shall be made through the Contractor. Communications by and with any separate contractors, the City's Public Services Department, or any City staff shall be made through the City's Project Representative. 3.5 Neither the City nor the City's Project Representative will be responsible for construction means methods, techniques, sequences, r r r for safety ds es s ue ces o procedures, o o s > q q P Y precautions and programs in connection with the Work, and neither will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 3.6 The City's Project Representative will have the authority to reject Work which does not conform to the Contract Documents and to require special inspection or testing, but shall take such action only after consultation with the City. The City's inspectors will have the authority to reject Work which does not conform to the Contract Documents. When the City's Project Representative considers it necessary or advisable to insure the proper implementation of the Contract Documents, the City's Project Representative will have the authority to require special inspection or testing of the Work, whether or not such Work be then fabricated, installed or completed. Neither the City or the City Project Representative's authority to act under this subparagraph, nor any decision made by them in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the City or the City's Project Representative to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.7 All interpretations and recommendations of the City's Project Representative shall be consistent with the intent of the Contract Documents. In this capacity as interpreter, the City's Project Representative will exercise best efforts to insure faithful performance by both the City and the Contractor and will not show partiality to either. 3.8 The Contractor shall forward all communications to the City's Project Representative with copies to the City. 3.9 The City will assist the City's Project Representative in conducting inspections to determine the date or dates of Substantial Completion and Final Completion, and will receive and review written guarantees and related documents required by the Contract. The City's Project Representative will approve Project Payment Certificates. 5 3.10 The duties, responsibilities and limitations of authority of the City's Project Representative during assembly as set forth in these Contract Documents will not be modified nor extended without written consent of the Contractor, the City's Project Representative, and the City. 3.11 Neither the City's Project Representative nor the City will be responsible for the acts or omissions of the Contractor, any Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 3.12 In case of termination of employment of the City Project Representative, the City may appoint a City Project Representative whose status under the Contract Documents shall be that of the former City Project Representative. 4. GENERAL RESPONSIBILITIES 4.1 Overall 4.1.1 The Contractor agrees that all design and construction documents prepared or furnished, including, without limitation, the Plans and Specifications, have been reviewed by Contractor and they comply with all applicable laws, statutes, codes, rules and regulations including, without limitation, those adopted by the City, all Environmental Laws as defined in Section 20.4 below and all design requirements established by the Florida Building Code, the Florida Accessibility Code and the Americans with Disabilities Act(ADA). 4.1.2 The City has been advised by its Consultant, if any, that the design services related to this Agreement were performed in conformance with the standards of care and quality adopted or accepted by nationally recognized architectural and engineering organizations, and other applicable professional organizations for similar applications and in accordance with the Florida Building Code. Any designs, drawings, or specifications furnished to the Contractor that are defective or contain errors, conflicts or omissions, will be promptly corrected by the Consultant. 4.1.3 The Contractor shall be fully responsible for coordinating all the Work required under this Agreement regardless of whether performed by its own employees or a Subcontractor so as to insure that the services required are performed in an efficient, timely and economical manner. The Contractor shall be responsible to City for the services furnished to the Contractor by a Subcontractor to the same extent as if the Contractor had furnished the service itself. The Contractor shall require in such Contracts that the Subcontractor be bound to, and to assume toward, the Contractor all the obligations and responsibilities which the Contractor, by this Agreement, assumes toward City. Failure by the Subcontractor to comply with all of the Contractor's obligations and responsibilities set forth in this Agreement shall be a material breach of the Subcontractor's Contract. The Contractor also agrees to reasonably cooperate and reasonably coordinate with the City's Project Representative and consultants retained directly by City. 6 4.1.4 The Contractor shall not specify any changes to the Plans and Specifications so that a particular design, process or product might infringe upon any patent. The Contractor shall indemnify and hold City, its officers and employees harmless to the extent specified in Section 12.1 of this Contract if the Contractor violates the requirements of this Section 4.1.4. 4.1.5 The Contractor shall construct the Project or cause it to be constructed for City at the Project Location with supporting improvements, facilities and equipment as described or reasonably inferable from the Contract Documents. The Contractor shall provide, furnish and install all Materials and all Services except to the extent specifically indicated in the Contract Documents to be furnished by or which are the responsibility of others, as and when required for, or in connection with the design, construction, furnishing or equipping of, or for inclusion or incorporation into, the Project in accordance with the Contract Documents. Without limiting the foregoing, the Contractor's Work shall be in compliance with the Contract Documents. 4.1.6 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all Materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all Materials and other parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 4.1.7 The Contractor shall provide competent supervision of all phases of the Work. The Contractor's Project Representative is identified in Section 1.2. Any change in the Contractor's Project Representative must be approved by City, such approval not to be unreasonably withheld. The Contractor's Project Representative shall represent the Contractor and communications given to the Project Representative shall be as binding as if given to the Contractor. 4.1.8 Neither City nor the City's Project Representative or Consultant makes any warranties to the Contractor, express or implied, that the Contract Documents are free of errors or omissions. Rather, the Contractor shall carefully study and compare Contract Documents with each other, with information furnished by City, and shall carefully inspect and verify field conditions, and shall at once report to the City all errors, inconsistencies or omissions discovered. The Contractor shall not be liable for damages resulting from errors, inconsistencies or omissions in the information provided by the City unless Contractor should have reasonably recognized an error, inconsistency or omission or knowingly failed to report it to the City. If the Contractor proceeds with the design and performs any construction activity knowing, or with the exercise of reasonable care, should have known that it involves a recognized or recognizable error, inconsistency or omission without such notice, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the corresponding costs for correction. The intent of the Contract Documents is to include all items necessary for the proper performance and completion of the Work. The Contract Documents are complementary, and what is required by any one 7 shall be as binding as if required by all. Work not covered in the Contract Documents shall not be required unless it is reasonably inferable as being necessary to produce the intended results. 4.1.9 If conditions are encountered at a site, which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then written notice by the Contractor shall be given to City promptly before such conditions are disturbed. If the conditions differ materially from those indicated in the Contract Documents and were not known to the Contractor at the time this Agreement was executed, and cause a material increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, an equitable adjustment in the Contract Sum or Contract Time, or both, will be made with the approval of City. 4.1.10 The Contractor shall prepare or cause to be prepared, as part of the Work, all shop drawings, samples, submittals and detail drawings not made a part of the Plans and Specifications, and Addenda which are required in the performance of the Contractor's obligations under this Agreement. All such items shall be submitted to the City's Project Representative. Although the City's Project Representative will review all such items, the City's Project Representative shall not be responsible to the Contractor for any failure of such items to comply with the Contract Documents or any governing codes, laws or ordinances. The Contractor shall maintain copies of all such items and maintain all samples at the Project Site and shall afford City's Project Representative access to them at all times during regular working hours. 4.1.11 Prior to submitting the first Requisition for Payment, the Contractor shall submit a Schedule of Submittals to the City's Project Representative for approval. The Schedule of Submittals shall indicate the Contractor's proposed submittal dates for all shop drawings, samples, descriptive literature, and other submittals required by the Contract documents. Submittal dates shall be established so as not to delay any aspect of the Work and to allow for sufficient review of submittals by the City's Project Representative. At the intervals established on the approved submittal schedule, the Contractor shall submit two (2) copies of all shop drawings, brochures, and schedules required for the Work of the various trades to the City's Project Representative. These shop drawings shall be carefully checked in every respect and signed by the Contractor before submitting them to the City's Project Representative. The City and the City's Project Representative shall utilize the shop drawings and other submittals for their observation and inspection of the Work, the Contractor being responsible for all dimensions, quantities, etc., necessary to make a complete job in compliance with Contractor's plans and specifications. 8 4.1.12 The Contractor shall maintain one record set of Contract Documents in good order and marked currently to record all changes made during construction and an accurate location of all portions of the Work sufficient to prepare accurate as-built Plans and Specifications. All of these, including the as-built Plans and Specifications, shall be delivered to the City's Project Representative upon Final Completion of the Work for review and incorporation into the record set of documents. 4.1.13 The Contractor shall deliver to the City's Project Representative all equipment data, along with its recommended spare parts list, maintenance manuals, manufacturers' warranties and operations manuals as may be required for City's employees, agents or contractors to maintain and operate any equipment delivered as part of the Work. 4.1.14 Required certificates of inspection, testing or approval shall be obtained by the Contractor and promptly delivered to City's Project Representative. If City or the City Project Representative desires to observe the inspections, tests or approvals required by the Contract Documents, City shall notify the Contractor of that desire, and the Contractor shall notify the City and the Consultant of the dates and times of the inspections, tests or other approvals. 4.1.15 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions of each that are legally required at any time during the Contractor's performance of the Work. 4.1.16 The Contractor shall pay all royalties and license fees that are legally required at any time during the Contractor's performance of the Work. The Contractor shall defend all suits or claims for infringement of any patent, copyright and trademark rights and shall indemnify and hold City harmless from any loss, liability or expense related in any way to them, including attorneys' fees (at both the trial and appellate levels) except that City shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified by City itself, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, copy right or trademark, the Contractor shall be responsible for such loss, liability or expense unless the Contractor promptly gives such information in writing to City and the City's Project Representative; provided, however, that Contractor's maximum liability for such loss, liability or expense shall be the limits of the professional liability insurance policy provided by Contractor pursuant to Section 11 of this Agreement. 4.1.17 The Contractor and any Subcontractors shall use their best efforts to cooperate with the City during the period of construction of the Project in order to minimize disruption of services. 4.1.18 Minimum Wages. This Agreement is subject to the following provisions of Section 8.141, "Rate of Wages, fringe benefits on city construction contracts": 9 i PREVAILING WAGE ORDINANCE The following Ordinance is applicable to this Agreement: CITY OF DANIA BEACH PREVAILING WAGES ORDINANCE,SECTION 8-141. CITY CODE OF ORDINANCES Sec. 8-141. Rate of wages,fringe benefits on city construction contracts. (a) ESTABLISHMENT OF MINIMUM WAGES Every construction contract in excess of fifty thousand dollars ($50,000.00) to which Dania Beach is a party shall include a provision that the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices and similar jobs (i.e., non-office), listed by the department of labor, employment standards administration, wage and hour division and employed by any contractor or subcontractor on the work covered by the contract shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalent for similar skills or classifications of work as established by the general wage determinations issued under the Davis-Bacon and Related Acts, U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, for Broward County, Florida. (b) IMPLEMENTATION OF THE DEPARTMENT OF LABOR GENERAL WAGE DETERMINATION The prevailing wage rate and fringe benefit payments to be used in the implementation of this section shall be those last published by the U.S. Department of Labor as noticed in the federal register and reported in the general wage determinations issued under the Davis-Bacon and Related Acts prior to the date of issuance of specifications by Dania Beach in connection with its invitation for bids. (c) NOTICE REQUIREMENT On the date an employee commences work on a construction contract to which this section applies, the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this section. (d) PREEMPTION BY FEDERAL FUNDING When construction contracts involve federal funding or are otherwise subject to the provisions of the Davis-Bacon Act (40 U.S.C. 276(a)), this section shall not apply; and the minimum wages to be paid the various classes of laborers, mechanics and apprentices shall be based upon the wages determined by the secretary of labor in accordance with the Davis-Bacon Act(40 U.S.C. 276(a)). 10 (e) EXCEPTIONS The provisions of this section shall not apply to any existing contract or construction project in which a notice for bids or request for proposals has been advertised in the public media prior to the effective date of this section or to any developer agreement whereby Dania Beach is requiring the construction of certain improvements including, but not limited to, road construction, as condition of the issuance of a development permit or to any construction project performed by Dania Beach utilizing its own employees. (Ord. No. 23-98, § 1, 12-8-98) 4.2 SCHEDULE, COST BREAKDOWN AND CONTRACTOR'S TEAM LIST 4.2.1 The Contractor, as a part of its proposal is required to develop and submit, in a digital format, acceptable to the City, a detailed description of the construction schedule for the Work, a detailed cost breakdown (Schedule of Values), and a list of Contractor's team members. 4.2.2 The construction schedule shall indicate all of the Contractor's activities (including those necessary for approval of construction documents, and construction) necessary for the completion within the time limits established by the Contract Documents. 4.2.3 An updated schedule shall be revised and submitted to the City's Project Representative on a monthly basis (unless otherwise mutually agreed in writing by the City's Project Representative and Contractor) to reflect actual progress and changing conditions encountered during the Work. 4.2.4 The construction schedule shall be related to the Project as described previously in this Agreement, and shall be related to the Work required by any phases of Work defined by the Contract Documents, as well as any Work completed by the City using its own forces or separate Contractors. 4.2.5 The construction schedule shall coincide with the time limits stipulated by the Contractor's proposal and as issued within the Notice to Proceed (NTP) authorizing the Contractor's commencement of Work. If the Contractor's schedule does not entail the full performance period of the Work, the remaining time or "float" shall be used at the discretion of the City and shall not serve as the basis for any delay claim. 4.2.6 The Schedule of Values as required as part of the Contractor's proposal shall serve as the basis for the Contractor's applications for payment. 4.2.7 The Subcontractor's list shall be based upon and include names of Subcontractors, persons or entities (including those who are to furnish materials or 11 equipment fabricated to a special design proposed for all portions of the Work as submitted to the City's Project Representative with the Contractor's proposal) and shall reflect any additions for those elements of Work further identified during the Contractor's review of construction documents. Changes to the list of Subcontractors submitted with the Contractor's proposal shall only be made with the approval of the City's Project Representative and shall not be based upon the Contractor's bidding of principal portions of the Work subsequent to the date of the Contract. 5. CONSTRUCTION SERVICES 5.1 Basic Services. 5.1.1 The Contractor shall, if applicable, be provided a complete set of plans and specifications for the permitting and construction of the Project (collectively referred to as the "Plans and Specifications" or "Construction Documents"). The Contractor will review the Plans and Specifications to ensure that they are adequate and fit to accomplish the intended purpose of the Project. 5.1.2 The Contractor shall be responsible for preparing and filing the documents required for approval of governmental and governing authorities having jurisdiction over the Project to ensure that final approval and permits for the performance of the Work will be obtainable prior to the Construction Phase. Such documents shall be submitted to City's Project Representative for review and approval prior to filing with such authorities. The Contractor shall coordinate with permitting agencies and shall participate in meetings with appropriate agencies and respond to and incorporate appropriate preliminary and final permit review comments. 5.1.3 The Contractor shall, if applicable, procure surveys as required describing physical characteristics, legal limitations and utility locations for the Project Location. The surveys may include, as applicable, grades and lines of streets, alleys, pavements and adjoining structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 5.1.4 The Contractor shall furnish to City's Project Representative for review and approval, a description of key personnel to be used on the Project. Such description shall include a current resume of academic training and professional experience. Contractor represents to the best of its knowledge that the descriptions and resumes submitted to City pursuant to this Agreement shall be true in all material respects. The Contractor shall not substitute any personnel without City's prior written consent. Before any such substitution, Contractor shall submit to City a detailed justification supported by the qualifications of any proposed replacement. 12 5.2 CONSTRUCTION PHASE 5.2.1 The Contractor shall be responsible for coordinating with the City's Project Representative in order to prepare and file the documents required for the approval of governmental authorities having jurisdiction over the Project. 5.2.2 Throughout the course of construction, the Contractor shall maintain an up-to-date set of Plans and Specifications and reproducible drawings, which show and describe all clarifications, addenda, substitutions and approved Change Orders. Upon Final Completion, the Contractor shall provide the City's Project Representative with a set of record drawings and electronic files, as directed by the City's Project Representative, showing the complete Project as built (incorporating data concerning as-built conditions) as well as specifications and other documents as may be required by the City's Project Representative. This shall include all changes in the Work during the Construction Phase. 5.2.3 During the construction, the Contractor shall reasonably cooperate with, and respond to, any reasonable requests or requirements of the City's Project Representative. 6. PROJECT REPRESENTATIVE'S RESPONSIBILITIES 6.1 If requested by City, the Project Representative shall prepare proposed Change Orders with supporting detailed cost documentation and data for City's approval and execution in accordance with the Contract Documents. If requested by City, the Project Representative shall evaluate the detailed cost estimate and scope of the Contractor's proposals with respect to proposed Change Orders and substitutions proposed by a Contractor and make recommendations to City. The Project Representative has no authority to authorize changes in the Contract Documents of any kind or to modify any deadlines for completion of Work specified in the Contract Documents. 7. TIME FOR PERFORMANCE FOR CONSTRUCTION 7.1 The Contractor shall commence performance of the construction of the Work and shall diligently proceed with the performance of the construction of the Work to completion, and agrees to complete the performance of the entire Work within the number of calendar days shown on Exhibit "A" (the "Contract Times") following Contractor's receipt of the applicable Notice to Proceed. If the Contractor is delayed in the performance of the Work by fire or unavoidable casualties not the fault of the Contractor or other causes beyond the Contractor's control, then the "Substantial Completion Date" (defined as the date occurring within the number of days equal to the Contract Time after Contractor's receipt of the applicable Notice to Proceed), shall be extended for a period equal to the length of such delay to the extent that such delay impacts an activity of the Contractor that is a critical path activity and only if within ten (10) calendar days after the Contractor knows or should have known of any such delay the Contractor delivers to the City's Project Representative, a written request for 13 extension for such delay, and such request is approved by the City's Project Representative, which approval shall not be unreasonably withheld by the City's Project Representative. In case of a continuing cause of delay of a particular nature, the Contractor shall be required to make only one such request. 7.2 The applicable Substantial Completion Date and the applicable Contract Time take into full consideration the effect of inclement weather during the construction period and such effect on both cost and time for completing the Work is accounted for in the Contract Sum, and the Substantial Completion Date (as defined in Section 7.1). The Substantial Completion Date incorporates the Contractor's expectation that it will experience a number of working days of weather delay during construction of the Project. An extension of a Contract Time for weather delays may be requested only for delays caused by adverse weather which affects scheduled working hours on scheduled work days (but excluding any legal holiday unless previously scheduled) and only after the Contractor has previously been delayed by weather for at least the number of anticipated working days of weather delays as first mentioned above and then only to the extent of the actual number of days' delay in those activities which are critical path activities. The Contractor shall provide City with written notice of all delays claimed due to weather, and such written notice shall identify the critical path activity(ies) affected and shall be delivered within five (5) days of the delay. City shall determine whether extension of the Contract Time is justified. Extension of time shall be the Contractor's sole remedy for any such delay. 7.3 Delays that affect those activities not identified on the Project's critical path shall not be considered for a Contract Time extension unless the delay shall have been caused by acts constituting intentional interference by City or the City's Project Representative, which shall include, but not be limited to, the failure of the City's Project Representative to timely respond to approval requests of the Contractor's Project Representative about the Contractor's performance of the Work, and then, only to the extent that such acts continue after the Contractor has provided written notice to City of such interference. City's exercise of any of its rights under Section 7, regardless of the extent or number of such changes, or City's exercise of any of its remedies of suspension of the Work, or requirement of correction or replacement of any defective Work, or its strict adherence to the Contract Documents shall not under any circumstances be construed as intentional interference with the Contractor's performance of the Work. 7.4 SUBSTANTIAL COMPLETION 7.4.1 When the Contractor considers that the Work, or portion of it which the City's Project Representative agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the City's Project Representative a Certificate of Substantial Completion (in the standard AIA form) along with a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 14 7.4.2 Project Close-out submittals required by the Contract documents for the Work, or portion of it, shall be submitted by the Contractor at the time of the request for the City's Project Representative inspection. The City's Project Representative will review Project closeout submittals with the City for content, accuracy, and format. If the City's Project Representative disapproves or rejects any Project closeout submittal, it shall be returned to the Contractor for correction and modification. The Contractor shall then submit the revised and corrected Project closeout submittals to the City's Project Representative for review and approval. The Contractor shall continue to revise and resubmit Project closeout submittals until all required submittals have been accepted by the City's Project Representative. The City's Project Representative will forward approved Project closeout submittals to the City prior to the Final Completion. Corrections or modifications of Project closeout submittals shall not be used as justification for a time extension. 7.4.3 Upon receipt of the Contractor's Request for Substantial Completion Inspection, the City's Project Representative will make a preliminary inspection to determine whether the Work or designated portion of it is ready for a Substantial Completion inspection. 7.4.4 If the City's Project Representative inspection discloses any item, whether or not included on the Contractor's list, which is not in accordance with the requirements of the Contract Documents and which would preclude beneficial occupancy and would render the Work not Substantially Complete, the Contractor shall correct such item upon receipt of a list provided to it by the City's Project Representative. The Contractor shall then submit another request for inspection by the City's Project Representative to determine the completion status of the Work or designated portion of it. 7.5 The City's Project Representative may direct the Contractor to expedite the Work by whatever means the Contractor may use, including, without limitation, increasing manpower or working overtime to bring the Work back within the then currently submitted and approved Progress Schedule. If the expediting of Work is required due to reasons within the control or responsibility of the Contractor, then the additional costs incurred shall not result in an increase in the Contract Sum. 7.6 DELAYS AND DAMAGES 7.6.1 If the Contractor shall neglect, fail, or refuse to complete the Work by the Substantial Completion Date, subject to any proper extension granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City, Five Hundred and No/100 Dollars ($500.00) per day, not as a penalty, but as liquidated damages for the damages ("Liquidated Damages") that would be suffered by City as a result of delay for each and every calendar day that the Contractor shall have failed to complete the Work by the Substantial Completion Date. The same amount shall be paid for each and every calendar day that the Contractor shall have failed to complete the 15 Work by the Final Completion Date. The amounts are fixed and agreed upon by and between the Contractor and City because of the difficulty of fixing and ascertaining the actual damages City would in such event sustain, and the amount is agreed to be the amount of damages that City would sustain. The amount may be retained by City from periodic pay estimates or from retainage, but if the amount owing or retained is insufficient to fully pay City Liquidated Damages, the Contractor agrees to pay, or cause the Contractor's surety to pay, the insufficiency to City. 7.6.2 The Contract shall not be terminated nor the Contractor charged with liquidated damages because of any delays due to unforeseeable causes beyond the fault or negligence of the Contractor, including, but not restricted to acts of God, acts of Government, acts of the City, fires, floods, epidemics, strikes with which the Contractor has no direct connections, and unusually severe weather (does not include normal average number of days of inclement weather which were anticipated and did occur within the period of the Contract time limit). The Contractor shall, within ten (10) days from the beginning of such delay, notify the City's Project Representative in writing of the causes of delay. 7.6.3 The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead want of knowledge of such contingent work as an excuse for delay in the Work, or for the nonperformance of Work. 7.6.4 No damages, including costs for additional home office expenses and extended job overhead, shall accrue to the Contractor for delay. Provisions of this Contract concerning delays shall provide solely for extensions of time for the acceptance of the Project. 8. CHANGE ORDERS 8.1 From time to time, the City's Project Representative may authorize changes in the Work, issue additional instructions, require additional Work or direct the omission of Work previously ordered. Only those changes in the Work that are approved on a Change Order in the form of Exhibit "B" and executed by an authorized representative of City ("Change Order"), shall be binding on City. 8.2 The City's Project Representative may order changes in the Work by initiating a change order request ("Change Order Request"), setting forth in detail the nature of the requested change. Upon receipt of a Change Order Request, the Contractor shall prepare a statement setting forth in detail, with a suitable detailed breakdown by trades and work classifications with respect to a change in the scope of the construction and a detailed breakdown of the time and expenses related to the design phase, the Contractor's estimate (the "Contractor's Estimate") of the changes in the Contract Sum attributable to the changes set forth in such Change Order Request and proposed adjustments, if any, to the Substantial Completion Date resulting from such Change Order Request. If the City and the Contractor agree on a cost ("Agreed Cost"), a Change Order shall be processed by the City and the City's Project Representative and 16 I delivered to the Contractor for signature. Contractor shall not commence changes in the Work until it receives City's written Notice to Proceed and the Change Order is executed. Agreement on any Change Order shall constitute a final settlement on all items in it, including without limitation any adjustment in the Contract Sum, the Substantial Completion Date, subject to performance and payment therefor pursuant to the terms of this Agreement and such Change Order. Work provided by unit price may be increased or decreased in quantity as directed by City approval, provided that the basis for adjustment of the Contract Sum shall be the unit prices agreed upon by the City upon the date of this Agreement. 8.3 In the event the City's Project Representative and the Contractor cannot agree on any adjustment in the Contract Sum, extensions to the Contract Time, or adjustment to the Substantial Completion Date, the Contractor shall nevertheless proceed to perform the Work required by City's Change Order Request upon receipt of City's written Notice to Proceed. The Contractor shall keep separate records of all costs and time required to perform the Work required by the Change Order Request, and an equitable adjustment will be made upon written agreement between the Contractor and the City. The Contractor shall submit its time and material costs that accrue as a result of the Change Order Request on a weekly basis. If the City's Project Representative does not approve such submittals within seven (7) days following submission, the Contractor may cease the work related to such Change Order Request until the parties agree upon the terms and conditions of such Change Order Request. 8.4 In the event that changes in the Work are required on an emergency basis in order to protect the health and safety of the public, the Contractor shall proceed at the direction of the City's Project Representative without a written Change Order from City. The Contractor shall keep separate records of all costs and time required to perform the Work. After review and approval by the City's Project Representative, the Contractor shall invoice City based on a time and materials basis. In the event that the Work can be stopped without any further harm to the public but additional Work is necessary, the Contractor shall deliver the Contractor's Estimate to the City's Project Representative as soon as practical and the requirements of Sections 8.2 or 8.3 as applicable shall be met before the Contractor resumes the changes to the Work. 8.5 It is understood and agreed that refinement and detailing will be accomplished from time to time with respect to the Plans and Specifications. No adjustment in the Contract Sum or the Substantial Completion Date shall be made unless (a) such refinement or detailing results in material changes in the scope, quality, function or intent of the Plans and Specifications, and Addenda not reasonably inferable or expected by a Contractor of the Contractor's experience and expertise, (b) the Contractor advises the City's Project Representative in writing within seven (7) calendar days of the Contractor's receipt of the refinements and details that an adjustment is required, and (c) the City's Project Representative agrees to the adjustment. 8.6 Should the Contractor or any of its Subcontractors commence with Work without making a claim in writing for extra time or compensation, it will be construed 17 as an acceptance and agreement by such person that any such Work is required under the contract and no future claim for such extras will be considered or allowed by the City. 9. PAYMENTS 9.1 In full consideration of the full and complete performance of the Work and all other obligations of the Contractor, City shall pay to the Contractor the Contract Sum for the Construction Work, subject to additions and deductions as provided in this Agreement. 9.2 On or before the first day of each month during the performance of the Work, or such other day of the month agreed to by the parties, the Contractor shall submit to the City's Project Representative for its approval an original Request for Payment in the form attached as Exhibit "C" or in a form as otherwise approved by City, such as a standard A.I.A. form. Submission of any original certificates, waivers of liens and claims, or other documents required in this Agreement to be submitted, is a condition precedent to City's obligation to pay Contractor. Fifteen (15) days prior to the first Request for Payment, the Contractor shall prepare, and submit to the City's Project Representative for its approval a schedule of values allocating the various portions of the Work (the "Schedule of Values"). The Schedule of Values approved by the City's Project Representative shall be used as a basis for reviewing the Contractor's Request for Payment. The Request for Payment shall show a complete breakdown of (a) the Cost of the Work for all requested costs for construction of the Project components including all labor and Materials, (b) the actual portion of the Work completed and the amount due, (c) the share of the Cost of the Work allocated to that portion of the Work as set forth in Schedule of Values, (d) the percentage of the Contract Sum attributable to the actual portion of the Construction Work completed (e) an itemization of all disbursements to Subcontractors, materialmen, vendors and miscellaneous suppliers and shall be accompanied by originals of vendors' original invoices, certified payrolls and payroll registers (when requested by the City's Project Representative), and (f) such supporting evidence as may be required by the City's Project Representative including, but not limited to, the documents set forth in Section 9.9 below, all in a form and substance acceptable to the City's Project Representative. The Request for Payment shall constitute a representation to the City's Project Representative that (i) the Work has progressed to the point indicated, (ii) the quality of the Work is in accordance with the Plans and Specifications, and (iii) all monies previously reimbursed by the City to the Contractor have been disbursed to the appropriate Subcontractors, materialmen, vendors and miscellaneous suppliers based upon the prior Request for Payment. Provided that the Contractor submits all required documentation as required in this Section, City shall tender all payments to the Contractor within thirty (30) calendar days of receipt of the Request for Payment or sooner if practicable less any retainage required by Section 9.5 below and minus amounts, if any, for which City has withheld funds pursuant to its rights under any portion of the Contract Documents. Inadequately supported charges are subject to disallowance, however, City will make payments of the balance of the Request for Payment when such amounts are approved. 18 9.3 The City and the City Project Representative shall review each such Request for Payment and may make such exceptions as the City reasonably deems necessary or appropriate under the state of circumstances then existing. In no event shall City be required to make payment for items to which City reasonably takes exception. 9.4 City shall make payment to the Contractor in the amount approved, subject to the provisions of Section 9.2. The payment of any Request for Payment by City, including the Final Request, does not constitute approval or acceptance by City of any item of the Work in such Request for Payment, nor shall it be construed as a waiver of any of City's rights under this Agreement or at law or in equity. 9.5 The Contractor agrees that ten percent (10%) of the amount due for Work as set forth in each Request for Payment where such Work is performed under a Subcontractor Contract that authorizes Contractor to hold retainage shall be retained by City until fifty percent (50%) completion of such Work. After fifty percent (50%) completion of such Work, the City will reduce retainage to five percent (5%) of the amount of retainage withheld from each subsequent Request for Payment made by the Contractor. Fifty percent (50%) of the total cost of the Work as identified in the contract, together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in the contract. After fifty percent (50%) completion of the Work, the Contractor may elect to withhold retainage from payments to its subcontractors at a rate higher than five percent (5%). The specific amount to be withheld must be determined on a case-by-case basis and must be based on the Contractor's assessment of the subcontractor's past performance, the likelihood that such performance will continue, and the contractor's ability to rely on other safeguards. The Contractor shall notify the subcontractor, in writing, of its determination and the Contractor may not request that release of such retained funds from the City. After fifty percent (50%) completion of Work, the Contractor may present to the City, a Request for Payment for up to one-half(1/2) of the retainage held by the City. In this case, the City has no obligation to release such retainage but may do so in its sole and absolute discretion. However, the Contractor shall remain liable for Subcontractor Work and for any unpaid laborers, vendors, materialmen, suppliers or Subcontractors in the event it is later discovered that Work is deficient or that any laborers, vendors, materialmen, suppliers or Subcontractors did not receive payment due to them on the project. 9.6 Within thirty (30) days after Final Completion of the Work and acceptance by City or as soon thereafter as possible, the Contractor shall submit a final request for payment ("Final Request"), which shall set forth all amounts due and remaining unpaid to the Contractor (including the unpaid portion of the retainage) and upon approval by the City's Project Representative, City shall pay to the Contractor the 19 amount due under such Final Request ("Final Payment") within thirty (30) days of the satisfaction of requirements for Final Payment as set forth in Section 9.7 below. 9.7 The Final Request shall not be made until the Contractor delivers to the City complete original releases of all liens and claims signed by all Subcontractors, materialmen, suppliers, and vendors on the form Certificate of Subcontractor & Final Waiver of Liens and Claims attached as Exhibit "D" and an affidavit that so far as the Contractor has knowledge or information, the releases include and cover all Materials and Work for which a lien or claim could be filed. The Contractor may, if any Subcontractor, materialman, supplier or vendor refuses to furnish the required Final Waiver of Lien, furnish a bond satisfactory to City's Project Representative to defend and indemnify City and any other property owner, person or entity City may be required to indemnify against any lien or claim. In addition, and as a condition precedent to City's obligations to make Final Payment, the Contractor shall execute and deliver to the City's Project Representative (a) a Certificate of Contractor & Final Waiver of Liens and Claims of the Contractor on the form attached as Exhibit "E" and (b) the written consent of Contractor's surety. Notwithstanding the foregoing, provided the Contractor's surety provides the City with its unqualified consent to Final Payment, the followingmethod for Final mal Payment shall be followed. Within thirty (30) days following the City's approval of the Final Request, City shall pay the Contractor the amount due under such Final Request less (i) the remaining portion of the Contract Sum, (ii) any retainage of Contract Sum held by City, and (iii) cost savings, if any. Following delivery by Contractor to the City's Project Representative of the original releases of all liens and claims signed by all Subcontractors, materialmen, suppliers and vendors, as well as the documents set forth in subsections (a) and (b) above, the City shall pay the Contractor the remaining amounts in the Final Request for items (i), (ii), and(iii) above. 9.8 Any provision of this Agreement to the contrary notwithstanding, City shall not be obligated to make full payment to the Contractor if any one or more of the following conditions exists: a. the Contractor is in default of any of its obligations under any of the Contract Documents or is in default of any other obligation owed by Contractor to City under this Agreement or any other agreement or transaction between the Contractor and City in connection with the Project; or b. any Work is defective or not performed in accordance with the Contract Documents; or C. the Contractor has failed to make payments within ten (10) days of receipt of payment from City to any Subcontractor or for Material or labor used in the Work for which City has made payment to the Contractor; or 20 d. if City, in its good faith judgment, determines that the portion of the Contract Sum then remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents whereupon no additional payments will be due the Contractor unless and until the Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the Contract Sum then remaining unpaid is determined by City to be sufficient to so complete the Work. The City's Project Representative, in the exercise of reasonable discretion, shall determine the value associated with such conditions and shall act to reduce Contractor's payment by the determined amount. 9.9 Contractor shall use the sums paid to it pursuant to this Contract solely for the purpose of performance of the Work and the construction, fai-nishing, and equipping of the Work in accordance with the Plans, Specifications, and Addenda and payment of bills incurred by the Contractor in performance of the Work. With the submission of each Request for Payment the Contractor shall furnish to the City's Project Representative a Certificate of Contractor & Partial Waiver of Lien on the form attached as Exhibit "F" and a certified statement accounting for the disbursement of funds received from City. Such statement shall itemize all disbursements to Subcontractors, materialmen, and vendors, and if required by City, shall be accompanied by copies of subcontract payment vouchers, vendors' invoices, payrolls and other data substantiating actual expenditures, as well as a Certificate of Subcontractor & Partial Waiver of Lien, from each Subcontractor, materialman, or vendor, on the form attached as Exhibit "G" As a condition precedent to the receipt of Final Payment, all such parties shall submit a full and final waiver and release of mechanic's lien rights for all sums due under their respective Subcontractor Contracts, purchase orders or other agreements. However, no provision in this Agreement shall be construed to require the City's Project Representative to see to the proper disposition or application of the monies so advanced to the Contractor, except to the extent provided in Section 9.7. 9.10 Contractor shall promptly pay all bills for labor and material performed and fiunished by its Subcontractors, suppliers, vendors, and materialmen, in connection with the construction, furnishing and equipping of the Project and the performance of the Work. 9.11 The term "Cost of the Work" shall mean those actual costs necessarily incurred and paid or payable by the Contractor in connection with the proper performance of all the Work excluding those items set forth in Section 9.12, and shall include the following items: 9.11.1 Wages paid for labor in the direct employ of the Contractor in the performance of the Work at the Project location including actual effective FICA, state and federal unemployment taxes, group insurance, Workers' Compensation insurance, and benefits required by law or collective bargaining agreements, and for personnel not 21 covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations, and pensions provided such costs are based on the actual wages and salaries of such employees. Any overtime premium or shift differential expense to be incurred by the Contractor shall require the City's advance written approval if the incremental cost of the overtime premium or shift differential will be considered a part of Cost of the Work. Overtime premium will not be considered part of the Cost of the Work unless the individual has worked forty (40) hours during that same pay period (not to exceed one (1) week) on the Project or the individual worked on the weekend at the City's request. Overtime wages paid to salaried personnel (if approved in advance in writing by the City's Project Representative) will be limited to the actual rate of overtime paid to the individual. No payroll charges or other reimbursements for overtime hours worked on the Project will be allowed if the individual is not paid for the overtime work. Payroll labor charges shall list individual employee names, employee numbers (i.e. social security numbers), titles/classifications, actual hourly base rates, and included benefits. Payroll labor charges shall be compiled on a weekly basis, substantiated by a certified payroll register. Although the Contractor will submit its billings for payroll and benefits on a percentage basis, prior to final payment the Contractor shall adjust its billing to reflect the lower of actual or effective payroll tax and insurance rates. 9.11.2 Salaries and actual benefits (as described in Section 9.11.1 above) of the Contractor's supervisory or administrative personnel stationed at a field office, or with City's prior written agreement at the Contractor's home office, for the Work and employees engaged, at shops or on the road, in expediting the inspection, production or transportation of the material or equipment for the Work. The number of employees in these classifications, and the rates of pay, shall be subject to prior written approval of the City's Project Representative. All associated labor charges must be detailed and substantiated by certified payrolls. 9.11.3 If approved in advance in writing by the City's Project Representative, reasonable transportation, traveling and lodging expenses of representatives of the Contractor incurred in the discharge of duties related to the Work. 9.11.4 The cost (including transportation, storage, operating and normal maintenance costs) of all materials, equipment, temporary structures which house equipment, materials, and supplies purchased or rented for use on the Project. For qualified tools and equipment to be rented by the Contractor from its own stock or the stock of its affiliates, subsidiaries or related parties (collectively, "Contractor's Stock"), the Contractor shall submit to the City's Project Representative a detailed listing of such tools and equipment, together with the applicable rental rates (on an hourly, daily, weekly and monthly basis), the estimated total rentals (based on the most economical rental period), the proposed use of the tools and equipment, the original purchase price and the date of purchase and the estimated current fair market value; provided, however, the parties acknowledge and agree that rentals from Contractor's Stock is not expected. No rental costs for tools and equipment rented from Contractor's Stock shall be included in the Cost of the Work unless the City's Project Representative is provided with the foregoing information and City gives advance written approval of such rental. 22 For equipment and tools rented from Contractor's Stock, the Contractor shall maintain daily equipment usage reports noting the hours and usage, as well as idle and standby time. Such equipment usage reports shall be used to determine whether hourly, daily, weekly or monthly rates shall apply, and Contractor's billings shall be based upon the most economical rates to City. Rental rates for vehicles shall include insurance, and shall not exceed Six Hundred Fifty and No/100 Dollars ($650.00) per month for vehicles three years or more of age. Rental rates for equipment shall not exceed the current market rental rates from local third party equipment rental companies. The Contractor shall maintain and submit to the City's Project Representative on a monthly basis a detailed inventory of all rented equipment with a market value of Five Hundred and No/100 Dollars ($500.00) or more used on the Project, including equipment owned by the Contractor, if any. For each piece of such rented equipment, such inventory shall contain: (a) the rental rate for the piece of equipment, (b) the anticipated duration of the rental period, and (c) the total anticipated rental to be paid for the equipment. Based on such inventory, the City's Project Representative shall have the option to purchase such equipment with any increase between the anticipated rental rate and the purchase price added to the Contract Sum for Construction Work by Change Order. Equipment rented or supplied by the Contractor must be initially rented or supplied in good working condition. Capital improvements and overhauls are not chargeable to City. Daily, weekly or monthly rental rates are to be billed when they result in cost savings to City. City reserves the right to dispose of all such materials, equipment, temporary structures, tools and supplies which shall have been purchased, when no longer required for the Work. 9.11.5 Amounts due under all Subcontractor Contracts made in accordance with the provisions of the Contract Documents. All contracts issued to Subcontractors must be let in accordance with the Contract Documents. Any deviations must have prior written approval from the City's Project Representative. 9.11.6 The cost of telephone, postage, photographs, blueprints, office supplies, first aid supplies and related miscellaneous costs reasonably incurred in direct support of the Work at the Project Location. 9.11.7 Premiums (Net) on bonds and insurance, if any, that the Contractor is obligated to secure and maintain under the terms of the Contract Documents and such other insurance and bonds as may be required, subject to the written approval of the City's Project Representative, including bonds for Subcontractor Contracts in excess of$50,000.00 (Fifty Thousand Dollars). Premiums paid as part of the Cost of Work Cost shall be net of trade discounts, volume discounts, dividends, and other adjustments. 9.11.8 The cost of obtaining and using all utility services required for the Work. 23 9.11.9 The cost of all fees and assessments for any building permit and for other permits, licenses, and inspections, which the Contractor is required by the Contract Documents to pay. 9.11.10 The cost of prompt removal of all of the Contractor's debris. All Subcontractor Contracts shall require the prompt removal of all debris created by Subcontractor activities and the Contractor shall exercise its best efforts to enforce such requirements or to effect an appropriate back charge to those Subcontractors which fail to meet their requirements in this regard. 9.11.11 The cost and expenses, actually sustained by the Contractor in connection with the Work, of protecting and repairing adjoining property, if required (the City Project Representative's prior approval for repairs must be obtained except in emergencies), and of settlements for same made with the written consent of City, except to the extent that any such cost or expense is due to the failure of the Contractor to comply with the requirements of the Contract Documents with respect to insurance, or due to the failure of any officer of the Contractor or of any of its representatives having supervision or direction of the Work to exercise good faith or the highest standard of care normally exercised in the conduct of the business of a general Contractor experienced in the performance of work of magnitude, complexity and type encompassed by the Contract Documents, in any of which events any such expenses shall not be included in the Cost of the Work. 9.11.12 Federal, state, municipal, sales, use and other taxes, as applicable to the Project, all with respect to services performed or materials furnished for the Work, it being understood that none of the foregoing includes federal, state or local income or franchise taxes. 9.11.13 All reasonable costs and expenditures necessary for the operation of a Project job site office, including cost of field computer services (quantity and rates are subject to the City Project Representative's prior written approval), including job site terminal (ownership to City), for purposes of field payroll preparation and control and such progress photos as required by City; copies of all such photos to be dated, identified and furnished directly to City., 9.11.14 The cost of secured off-site storage space or facilities, which have been approved by the City's Project Representative. For all materials listed off- site, City shall be listed as owner with a Bill of Sale issued to City for these items. 9.11.15 Any other expenses or charges incurred, with the prior written approval of the City's Project Representative, in the performance of the Work. 9.11.16 All cash and trade discounts, credits for early payment if funded by the City, rebates, volume discounts, reduced payments or other benefits accruing to the Contractor in connection with the purchase or rental of materials, equipment, services or other goods required under this Agreement shall accrue to City. 24 9.11.17 Legal fees and expenses required for the prosecution of the Work provided the same are approved in writing by the City prior to being incurred. The foregoing specifically excludes legal fees and costs incurred in preparing and negotiating this Agreement and any Change Orders as well as any legal fees and costs relative to any matters between the Contractor and City. 9.11.18 Costs of correction of the Work under Section 27.1 below, if the costs are not attributable to the fault or negligence of the Contractor and its Subcontractors, but this inclusion shall not imply any responsibility of the Contractor or its Subcontractors to correct any Work after expiration of the limitation period provided in Section 27.1 below. 9.12 The Cost of the Work shall not include the following: 9.12.1 The services and related expenses, except as otherwise provided in Section 9.11.1 above, of any officers or general office supervisory personnel of the Contractor and of personnel in the Contractor's personnel, legal, advertising, data processing, scheduling, labor relations, insurance and tax departments and all other costs of doing business (including, but not limited to, copying, fax and computer charges), services and related expenses required to maintain and operate the Contractor's general offices and any established branch offices, other than a field office for the Work. 9.12.2 The services and related expenses of the Contractor's purchasing, secretarial, estimating and accounting departments and clerical staff at the Contractor's general offices or any established branch offices. These services shall include all costs associated with computer equipment and related expenses, copying equipment, fax charges (either by page or machine costs), CADD equipment (unless approved in writing by the City's Project Representative prior to invoicing for same), signage, professional association costs (including, but not limited to, AGC/ABC Fees), bonding charges (including, but not limited to, Fidelity Bonds on office and job site personnel), and other related expenses. 9.12.3 The use of capital including interest employed for the Work. 9.12.4 Amounts required to be paid by the Contractor for federal, state or local income or franchise taxes. 9.12.5 Except as set forth in Section 9.11.18 above, costs due to the negligence of the Contractor, any Subconsultant or Subcontractor or supplier employed by the Contractor or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials and equipment wrongfully supplied, or making good any damage to property. 9.12.6 Costs in excess of the sum of the Contract Sum for the design and construction of the Work. 25 9.12.7 Entertainment and meal expenses and charges of a personal nature. 9.12.8 Travel charges unless approved in advance of trip in writing by City. If travel is authorized the charges are to be billed as a separate line item listing employee name, purpose of trip, dates traveled and the daily cost of individual items for which reimbursement is sought. 9.12.9 Bonuses, profit-sharing or other special labor charges unless approved in writing by the City's Project Representative prior to being incurred. 9.12.10 Except as set forth in Section 9.11.7, any legal fees and accounting fees. 9.12.11 All losses resulting from lost, damaged, or stolen tools and equipment. 9.12.12 Any cost not specified in Section 9.11 above. 10. CONTRACTS AND PURCHASE ORDERS 10.1 Thirty (30) calendar days after execution of the Agreement, the Contractor shall prepare and submit for the City Project Representative's approval the names of the persons or entities proposed by the Contractor to furnish materials, equipment, or services for each portion of the Work. The Contractor shall contract solely in its own name and behalf, and not in the name or behalf of City with each selected Subcontractor. The Contractor's form of Subcontractor Contract shall be subject to approval of the City's Project Representative, and once approved may be utilized by Contractor without further approval by the City's Project Representative provided that no substantial deviations are made to the approved form of Subcontractor Contract. At a minimum, the Subcontractor Contract shall provide that the Subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Agreement and the other Contract Documents, that Subcontractor is bound to the Contractor to the same extent as the Contractor is bound to City, shall provide for termination of the Subcontractor Contract by the Contractor in the same manner and method as provided in Section 38 of this Agreement, and shall further provide that, in the event this Agreement is terminated for any reason, the Subcontractor shall, at City's option, perform its Subcontractor Contract for City without additional or increased cost, provided the Subcontractor is paid in accordance with its Subcontractor Contract. The Contractor shall sign and cause each Subcontractor to sign an Assignment of Rights Agreement in the form attached as Exhibit "H" (any cost for execution of such assignment will be bome by the Contractor and included in the Contract Sum). Nothing contained in this Agreement shall, however, create any obligation on City to assume any Subcontractor Contract or make any payment to any Subcontractor unless City chooses to request Subcontractor to perform pursuant to this Section 10.1 or as otherwise provided in this Agreement, and nothing contained in this Agreement shall create any contractual relationship between City and any Subcontractor. 26 10.2 The Contractor shall not contract with any Subcontractor, materialman, vendor, or supplier to whom or to which the City or the City's Project Representative has made reasonable objection or with whom or with which the City could not lawfully enter into a contract. 10.3 All Subcontractor Contracts shall, so far as practicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work. 11. INSURANCE 11.1 The Contractor shall not commence Work under this Agreement until Contractor has obtained all insurance required under this Contract ("Coverage") and such Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow any Subcontractor to commence Work on any subcontract until the Subcontractor, as provided in this Agreement and all Coverage required of any Subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 11.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the Coverage. All certificates must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These certificates shall contain a provision that Coverage afforded under these policies will not be canceled until at least thirty (30) days' prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than A-VII in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 11.3 Coverage shall be in force until all Work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. 27 11.4 REQUIRED INSURANCE COVERAGE The following insurance must be provided: 11.4.1 General Liability Insurance, which includes coverage for death, bodily injury and property damage, products and completed operations and contractual liability with limits of not less than One Million Dollars($1,000,000.00)per occurrence. The City shall be named as an "additional insured" under the general liability policy including product liability. The "additional insured" clause shall be a rider or endorsement issued by the insurance home office, not by a local agent. 11.4.2 Workers' Compensation insurance shall be maintained by Contractor and any Subcontractor during the life of this Agreement and provide coverage with statutory limits Part. A, and Five Hundred Thousand Dollars ($500,000.00) Part, B, Employer's Liability. Certificates of Insurance evidencing such coverage for Contractor and any Subcontractor(s) must be provided to the City as per Sections 11.1 through 11.3 above, prior to commencement of any Work. 11.4.3 Comprehensive Auto Liability insurance shall be provided with limits of not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit to include coverage for death, bodily injury and property damage for owned, hired, and non-owned vehicles. The CITY shall be named as an additional insured under this policy. 11.4.4 For any architect, engineer or both, professional liability coverage, including errors & omissions coverage, shall be provided with limits of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. The CITY shall be named as an additional insured under this policy with respect to this project. The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. 12. INDEMNITY 12.1 Contractor shall indemnify and hold harmless City, Consultant and the City's Project Representative, their employees, officers, directors and agents, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Agreement, including any Subcontractor. As specified by Section 725.06(3), Florida Statutes, this Agreement does not require the Contractor to indemnify, defend or hold harmless City and the City's Project Representative, its Consultant, employees, officers, directors, and agents from "any" liability, 28 damage, loss, claim, action, or proceeding. The indemnification shall survive the term of this Agreement. 12.2 To the extent considered necessary by City, any sums due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. 12.3 To the extent this indemnification clause does not comply with Chapter 725, Florida Statutes, this provision and all aspects of the Contract Documents shall be interpreted as the parties' intention for the indemnification provisions and Contract Documents to comply with Chapter 725, Florida Statutes, as it may be amended from time to time. 13. BONDS 13.1 Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain or cause to be obtained and thereafter at all times during the performance of the Construction Work maintain a Public Construction Bond as specified in the statute mentioned above or a separate performance bond (Exhibit "I") and labor and material payment bond (Exhibit "J") for the Construction Work (collectively referred to as the "Bonds") each in an amount equal to one hundred percent (100%) of the Contract Sum in form satisfactory to the City Attorney. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Department of U.S. Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Sum. Within ten (10) days of issuance, Contractor shall record all bonds required by the Agreement in the Public Records of Broward County. 13.2 Prior to performing any portion of the Construction Work, the Contractor shall deliver to City the bonds required to be provided by Contractor as set forth in Section 13.1. 14. INDEPENDENT CONTRACTOR 14.1 In performing its obligations under this Agreement, the Contractor shall be deemed an independent Contractor and not an agent or employee of City. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. 29 15. INSPECTIONS AND AUDIT 15.1 The Contractor represents that it has inspected the Project Location and is satisfied as to its condition and that the Contract Sum is just and reasonable compensation for all Work, including all foreseen or foreseeable risks, hazards, and difficulties in connection with such Work. 15.2 City and the City's Project Representative at all times shall have access to the Work for inspection, but shall not be obligated to conduct any such inspection other than as required by law. The Contractor shall provide proper and safe facilities for such access and inspection by City and the City's Project Representative. If any of the Work is required to be inspected or approved by any public authority, the Contractor shall cause such inspection or approval to be performed. 15.3 No inspection performed or failed to be performed by City, the City's Project Representative, or both shall be a waiver of any of the Contractor's obligations or be construed as an approval or acceptance by City of the Work or any part of it. 15.4 To ascertain if the Scope of Work as detailed under this Agreement has been performed, City shall have access to the Work and the right to audit all of the Contractor's major Subcontractors' books, records, correspondence, instructions, drawings, receipts, payment records, vouchers and memoranda relating to the Work, and the Contractor and all major Subcontractors shall preserve all such records and supporting documentation for a period of six (6) years after the Final Payment. The Contractor further grants to City the authority to enter its premises for the purpose of inspection of such records and supporting documentation or, at the Contractor's option, Contractor may make such records and supporting documentation available to City at a location satisfactory to the City's Project Representative. For purposes of this Agreement, a major Subcontractor is a Subcontractor that performs more than ten percent (10%) of the Construction Work. 15.5 Although the Contractor and the other parties are required to maintain records, as set forth in Section 15.4, for a period of six (6) years from the date of Final Payment under this Agreement, City will audit Contractor's and Subcontractor records for purpose of adjustment to Contractor's payments under this Agreement, if at all, within three (3) years after Final Payment under this Agreement. 16. AS-BUILT PLANS AND SPECIFICATIONS 16.1 Concurrent with the Final Request for Payment, the Contractor shall furnish final as-built Plans and Specifications (including surveys) to the City's Project Representative in a format acceptable to the City's Project Representative, showing the exact locations of all structures and water, sewer, gas, fuel, telephone, security, and electric lines and mains and of all easements for such utilities then existing. Such as- built Plans and Specifications and surveys shall be prepared by, as applicable, a licensed architect or surveyor who shall certify that the Work is installed and erected entirely 30 upon the Project Location and within the building restriction lines, if any, and does not overhang or encroach upon any easement or right-of-way of others. 17. NO LIENS 17.1 Contractor acknowledges and agrees that the Project Location is owned by the City and is therefore excluded from the definition of"real property" upon which liens may be placed as set forth in Section 713.01(25), Florida Statutes. Contractor further acknowledges and agrees that the Work to be performed under this Agreement is for the construction of or improvements to public buildings or structures and that the Contractor shall comply with the requirements of Section 255.05, Florida Statutes, including but not limited to, the provision of bonds and payment of claims. The Contractor waives, releases, and relinquishes any right to claim or file a mechanic's or materialmen's lien against the Work or any portion of it and the Project Location including, but not limited to, any rights the Contractor may have under Chapter 713, Florida Statutes. This waiver and relinquishment of Contractor's rights to claim a mechanic's lien is made for good and valuable consideration and in recognition that City would not enter into this Agreement without such waiver and relinquishment. The Contractor shall include a provision substantially similar to this Section 17.1 in each of its Subcontractor Contracts and purchase orders, requiring Subcontractors, materialmen, vendors and suppliers to waive any claim or entitlement to a mechanic's or materialmen's lien on or against the Project Location and to look solely to the credit of the Contractor or its surety for payment of any sums due on the Project. 17.2 The Contractor shall not voluntarily permit any laborer's, materialmen's, mechanic's, or other similar lien to be filed or otherwise imposed on any part of the Work or the City's property. If any laborer's, materialmen's, mechanic's, or other similar lien or claim is filed and if the Contractor does not cause such lien to be promptly released and discharged, or file a bond in lieu of such lien, City shall have the right to pay all sums necessary to obtain such release and discharge and deduct all amounts so paid from the next payment due the Contractor under this Agreement. If any such lien is filed or otherwise imposed, at the request of City, the Contractor shall cause such lien to be released and otherwise discharged. The Contractor indemnifies and holds harmless City from all claims, losses, demands, causes of action, and expenses including attorneys' fees, or suits of whatever nature arising out of any such lien. 18. TITLE TO WORK 18.1 Immediately upon delivery and payment by the City to Contractor or supplier, as applicable, of Materials to the Project Location or the performance of any part of the Work, as between the Contractor and City, title to them shall vest in City; provided, however, the vesting of such title shall not impose any obligations on City or relieve the Contractor from any of its obligations under this Agreement. 31 19. WORK IN PROGRESS 19.1 The Contractor shall protect and prevent damage to all phases of the Work, and any existing facilities or improvements, including but not limited to protection from damage by the elements, theft, or vandalism. During the course of the Construction Work, the Contractor shall remain responsible for the risk of loss of the Work and shall promptly remedy, repair and replace all damage and loss (other than damage or loss insured under insurance required by the Contract Documents) to the Work caused in whole or in part by the Contractor, a Subcontractor, or anyone directly or indirectly employed or controlled by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except to the extent such damage or loss is attributable to the negligence of the City or anyone directly or indirectly employed by the City, or by anyone for whose acts the City may be liable, and not attributable to the fault or negligence of the Contractor. 20. HAZARDOUS SUBSTANCES 20.1 The Contractor agrees that it shall not transport to, use, generate, store, dispose of, or install at the Project Location any Hazardous Substance, as defined in Section 20.4, except in accordance with applicable Environmental Laws, as defined below in Section 20.4. Further, in performing the Work, the Contractor shall not cause any release of hazardous substances into, or contamination of, the environment, including the soil, the atmosphere, any watercourse or ground water, except in accordance with applicable Environmental Laws. In the event the Contractor engages in any of the activities prohibited in this Section 20.1, to the fullest extent permitted by law, the Contractor indemnifies and holds harmless City and its officers, agents and employees to the extent specified in Section 12.1, above from and against claims, damages, losses, causes of action, suits and liabilities arising out of, incidental to or resulting from the activities prohibited in this Section 20.1 (collectively "Environmental Claims"); provided, however, the Contractor shall not be responsible for any Environmental Claims arising from Hazardous Substances existing at the Project Location as of the date of this Agreement except to the extent the Environmental Claims result from the acts or omissions of Contractor or Contractor's failure to comply with the requirements of Sections 20.1 and 20.2. 20.2 In the event the Contractor encounters on the Project Location any Hazardous Substance, or what the Contractor reasonably believes to be a Hazardous Substance, and which is being introduced to the Work, or exists on a Project Location, in a manner violative of any applicable Environmental Laws, the Contractor shall immediately stop Work in the area affected and report the condition to the City's Project Representative in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of the City's Project Representative if a Hazardous Substance has been encountered and has not been rendered harmless. In the event the Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project, to the fullest extent permitted by law, the Contractor indemnifies and holds harmless City and its officers, agents and employees from and against all claims, damages, losses, causes of action, suits and liabilities to the extent specified in Section 32 12.1 above, which arise out of, are incidental to, or resulting from the Contractor's failure to stop the Work. 20.3 An extension of time plus payment of reasonable itemized general conditions including demobilization costs shall be the Contractor's sole remedy for any delay arising out of the encountering or rendering harmless of any Hazardous Substance at the Project Location, if not attributable to a negligent act or violation of Contractor or any Subcontractor. City and the Contractor may enter into an agreement for the Contractor to remediate or render harmless the Hazardous Substance,but the Contractor shall not be required to remediate or render harmless the Hazardous Substance absent such agreement, unless attributable to a negligent act or violation of Contractor or any Subcontractor. Contractor shall not be required to resume Work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated or rendered harmless. 20.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean and include, but shall not be limited to, any element, constituent, chemical, substance, compound, or mixture, defined in or included under or regulated by any local, state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Toxic Substances Control Act ("TSCA"), the Clean Water Act ("CWA"), the Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), the Occupational Safety and Health Act ("OSHA"), the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376 and 403, Florida Statutes, the rules and regulations of the Florida Department of Environmental Protection, or other state superlien or environmental clean-up or disclosure statutes and agencies including all state and local counterparts of such agencies and laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Section 20 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 21. COMPLIANCE WITH LAWS 21.1 The Contractor shall notify the City's Project Representative in writing of all conflicts between the Contract Documents and any laws, ordinances, rules, regulations and restrictions that come to the attention of the Contractor or should have come to the Contractor's attention with the exercise of due care. If the Contractor performs any of the Work knowing, or when with the exercise of due care the Contractor should have known, it to be contrary to any such laws, ordinances, rules, regulations or restrictions and fails to give the City's Project Representative written notice of such matter prior to performance, the Contractor shall bear all related costs, liabilities, and expenses arising from such noncompliance including reasonable attorney fees and costs. 33 21.2 The Contractor, at its sole cost, shall obtain all necessary licenses, building and other permits, and similar authorizations from governmental authorities required or necessary to perform its obligations under this Agreement, and shall give all notices required by, and otherwise comply with, all applicable laws, ordinances, rules, regulations and restrictions. 21.3 The Contractor agrees that all of the Contractor's Work shall comply with all applicable laws, statutes, ordinances, codes, executive orders, rules and regulations including without limitation, those adopted by the City, all Environmental Laws as defined in Section 20.4, and the federal and State of Florida "Right to Know" laws related to Hazardous Substances in the workplace. 22. PERSONNEL 22.1 All agents, employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. All personnel used or employed by the Contractor in the performance of the Work shall to the best of Contractor's knowledge be qualified by training and experience to perform their assigned tasks. At the request of the City's Project Representative, the Contractor shall not use in the performance of the Work any personnel deemed by the City's Project Representative to be incompetent, careless or unqualified to perform the Work assigned, or in any way otherwise unsatisfactory to the City's Project Representative. 22.2 The Contractor agrees that in the performance of the Work called for by this Agreement, it will employ only such labor, and engage Subcontractors that employ only such labor, as will not delay or interfere with the speedy and lawful progress of the Project, and as will be acceptable to and work in harmony with all other workers employed at the Project Location or on any other building, structure, or other improvement which the Contractor or any other Contractor may then be erecting or altering on behalf of City. The Contractor agrees that it shall not employ any labor that will interfere with labor harmony at the Project Location or with the introduction and storage of materials and the execution of work by other Subcontractors. In the event of a strike or stoppage of work resulting from a dispute involving or affecting the labor employed by the Contractor or any of its Subcontractors, City may, at its option and without demand, terminate this Agreement for default unless the Contractor shall remedy the strike or work stoppage or other disruption within ten (10) calendar days after the dispute arises. 22.3 Contractor shall furnish the City's Project Representative, on request, resumes of Contractor's key personnel involved in the day-to-day Work on the Project. 23. SAFETY AND PROTECTION 23.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 34 Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 23.1.1 all persons on a Project Location who may be affected by the construction; 23.1.2 all Work and Materials and equipment to be incorporated in the Work, whether in storage on or off the Project Site; and 23.1.3 other property at a Project Site or adjacent to such a site, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 23.2 Contractor shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection including, without limitation, compliance with the Florida Trench Safety law. Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, materialman, supplier, vendor, or any other individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and the City's Project Representative has issued a notice to Contractor that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion in Section 7). 23.3 Safety Representative. Contractor shall designate a qualified and experienced safety representative at the Project Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 23.4 Hazard Communication Programs. Contractor shall be responsible for coordinating any exchange of any hazard communication information required to be made available to or exchanged between or among employees at the Project Site in accordance with laws or regulations. 23.5 Emergencies. In emergencies affecting the safety or protection of persons or property at the Project Site or adjacent to the Site, Contractor, without special instruction or authorization from the City or the City's Project Representative, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the City's Project Representative prompt written notice if Contractor believes that any significant changes in the construction or variation from the Contract Documents have 35 occurred. If a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action. 24. USE OF SITE AND OTHER AREAS 24.1 Contractor shall confine construction equipment, the storage of materials and equipment and the operations of construction workers to those lands and areas permitted by the City and other land and area permitted by laws and regulations, rights- of-way, permits and easements, and shall not unreasonably encumber any such land or area with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to any owner or occupant of such land or area or any adjacent land or areas, resulting from the performance of the construction. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceedings or at law. Contractor shall, to the fullest extent permitted by law and regulations, indemnify and hold harmless the City, Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against City, or any other party indemnified under this Agreement to the extent caused by or based on Contractor's, or any Subcontractor's performance of the Work. 24.2 During the performance of the Work, Contractor shall keep the Project Location free from accumulations of waste materials, rubbish and other debris resulting from the construction. At the completion of the construction Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. Contractor shall leave the Project Location clean and ready for occupancy by City at Substantial Completion. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 24.3 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will result in endangerment. 25. RELATED CONSTRUCTION AT SITE 25.1 City may perform other work at the Project Location by City's own forces, or let other direct contracts therefor or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents then (a) written notice will be given to Contractor prior to starting any such other work and (b) Contractor may make a request for a Change Order as 36 provided in Section 8 if Contractor believes and can demonstrate to the City that such performance will involve additional time and the parties are unable to agree as to its amount or extent. 25.2 Contractor shall afford each other contractor who is a party to such a direct contract with City and each utility owner (and City, if City is performing the additional work with its employees) proper and safe access to the Project Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the construction with theirs. Such contractors and utility owners shall be required to comply with Contractor's rules and regulations applicable to the Project Site including without limitation all safety requirements. Unless otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of City and the others whose work will be affected. The duties and responsibilities of Contractor under this Section 25 are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in the direct contracts between City and such utility owners and other contractors. 25.3 If the proper execution or results of any part of Contractor's Work depends upon work performed or services provided by others under this Section 25, Contractor shall inspect such other work and promptly report to the City's Project Representative in writing any delays, defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in such other work. 25.4 Coordination. If City contracts with others for the performance of other work on the Project at the Project Site, the following information will be provided in writing to Contractor prior to the commencement of such work: 25.4.1 the individual who or entity which will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 25.4.2 the specific matters to be covered by such authority and responsibility will be itemized; and 25.4.3 the extent of such authority and responsibilities will be provided. 26. CONTRACTOR'S WARRANTIES The Contractor represents and warrants to the City: 37 26.1 That it is financially solvent, able to pay its debts as they mature, and is possessed of sufficient working capital to perform this Agreement; that it is able to furnish the Materials and Services; that it is experienced in and competent to perform the Work contemplated by this Agreement; and that it is qualified to do the Work and is authorized to do business in Florida. 26.2 That the Contractor holds a license, permit or other special license to perform the services included in this Agreement, as required by law, or employs or works under the general supervision of the holder of such license, permit or special license if authorized by law. 26.3 That the Work shall be constructed in a good and workmanlike manner, free from defects and in strict compliance with the Contract Documents. 27. DEFECTS 27.1 The Contractor shall at its sole cost (a) replace any parts of the Work that fail to conform with the requirements of this Agreement that appear during progress of the Work on the Project; (b) remedy any defects in the Work due to faulty materials or workmanship which appear within a period of one (1) year from the time of Final Completion of the Work or within such longer period of time as may be set forth in the Plans, Specifications, and Addenda or other Contract Documents or as may be required by law; and (c) replace, repair or restore any parts of the Project or associated furniture, fixtures, equipment or other items (whether placed at the Project Location by City or an other art that are damaged b an such arts of the Work that do not conform to Y party) g Y Y P the requirements of this Agreement or are due to defects in the Work. The provisions of this Section 27 apply to Work performed by Subcontractors as well as Work performed directly by employees of the Contractor. In addition to the Contractor's responsibility to make repairs or redo Work under this Section 27, the Contractor shall also be responsible to City for any damages suffered by City as a result of defects. The Contractor shall commence any Work required under this Section 27 promptly after notice from the City's Project Representative and shall diligently complete such Work in a good and workmanlike manner in compliance with the terms of this Agreement applicable to the Work generally. 27.2 If the City's Project Representative and the Contractor deem it inexpedient to require the correction of Work damaged or not performed in accordance with the Contract Documents, an equitable deduction from the Contract Sum shall be made by agreement between the Contractor and the City's Project Representative. If the City's Project Representative and the Contractor fail to reach a settlement or the Contractor fails to perform and is not protected by surety (or the surety fails to perform), City retains the right to perform the Work after seven (7) days written notice to the Contractor or surety. The City's Project Representative may withhold the cost of such Work as deemed just and reasonable from monies, if any, due the Contractor. If no monies are held by City, reimbursement shall be made to City within thirty (30) days by the Contractor. 38 27.3 The Contractor's express warranty in this Agreement shall be in addition to, and not in lieu of, any other warranties or remedies City may have under this Agreement, at law, or in equity for defective Work. 27.4 If City elects to perform the Work described in this Section 27, this shall not void or otherwise impair the Bonds required by this Agreement. If City elects to enforce the Bonds, the surety shall cause the Work to be commenced within seven (7) days after notice from the City's Project Representative and diligently completed thereafter in a good and workmanlike manner in accordance with the terms of this Agreement applicable to the Work generally. 28. SIGNAGE 28.1 Except for safety signage required by applicable laws, which shall be installed in compliance with applicable laws, all construction signage, including, but not limited to that appearing on cranes and other construction equipment located at the Project Location, shall be subject to the prior written approval of the City's Project Representative. The Contractor recognizes that all signage (except safety signage required by applicable laws) may be disallowed, in the City Project Representative's sole discretion, and that existing signage or advertising on construction equipment, field offices, trailers, construction fences, etc., may be required to be masked or deleted, all at no cost or expense to City. Notwithstanding the foregoing, the party may agree to erect Project signs identifying the City, Contractor and key participants in the Project. Such Project signs shall be installed in compliance with the City's sign ordinance. 29. PRESS RELEASES 29.1 The Contractor shall coordinate any public announcement or publicity releases relating to the Project through the City. The Contractor shall also require Subcontractors, materialmen, suppliers, and vendors to comply with this requirement. 30. OWNERSHIP OF CONTRACT DOCUMENTS 30.1 All Plans, Specifications, Detail Drawings and other Drawings prepared by Contractor in connection with the Project, upon payment by City to Contractor, shall be and remain the property of City and are not to be used by the Contractor on any other project and shall be relinquished to the City's Project Representative at Final Completion or sooner if otherwise required by this Agreement, provided, however, that the Contractor may maintain one record set of as-built drawings. Such Plans and Specifications shall be provided by Contractor to the City's Project Representative with an authorization in a form and substance acceptable to the City's Project Representative authorizing the City and its architects and engineers to use the Plans and Specifications and related documents for the Project. 39 31. REPRESENTATIVES 31.1 The name of the party who is the City's Project Representative is shown in Section 1.2, above. City's Project Representative is only authorized to recommend approval of Change Orders and increases in the Contract Sum, but Change Orders and increases in the Contract Sum shall be binding on City only if executed by City after having been approved in advance in writing by the City. 31.2 The name of the party who is to be the "Contractor's Project Representative" is shown in Section 1.2, above. Unless another corporate officer or agent of the Contractor advises City and the Consultant, in writing, of any limitations on the authority of Contractor's Project Representative, such Representative shall have full authority to execute any and all instruments requiring the Contractor's signature and to act on behalf of the Contractor with respect to all matters arising out of this Agreement. 32. ASSIGNMENT 32.1 The Contractor shall not assign or sublet this Agreement in part or as a whole without the advance written consent of City, which consent may be withheld or conditioned by the City in its sole discretion; nor shall the Contractor assign any monies due or to become due to it, without the previous written consent of City, which consent may be withheld or conditioned by the City in its sole discretion. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the parties and their respective successors and assigns. 33. NONDISCRIMINATION 33.1 The Contractor agrees that it will not knowingly violate any applicable laws or regulations prohibiting discrimination in employment in the performance of its Work under this Agreement. 34. WAIVER 34.1 No consent or waiver, express or implied, by either party to this Agreement to or of any breach or default by the other in the performance of any obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other or future breach or default by such party. Failure on the part of any party to complain of any act or failure to act of the other party or to declare the other party in default under this Agreement, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party. Inspection by, payment by, or tentative approval or acceptance by the City's Project Representative, or the failure of the City's Project Representative to perform any inspection shall not constitute a final acceptance of the Work or any part of it and shall not release the Contractor from any of its obligations under this Agreement. 40 35. CONSTRUCTION OF TERMS; CONFLICTS 35.1 Unless the context clearly intends to the contrary, words singular or plural in number shall be deemed to include the other and pronouns having a masculine or feminine gender shall be deemed to include the other. The term "person" shall be deemed to include an individual, corporation, unincorporated organization, partnership, trust, other entity, government and governmental agency or subdivision, as the context shall require. 35.2 The Contract Documents shall be interpreted so as to eliminate inconsistencies or conflicts, but in the event of any conflict, requirements for greater quantity or more expensive work shall govern; the terms of this Agreement shall prevail; and anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. 36. CAPTIONS 36.1 The captions used for the Sections in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the intent of this Agreement or any Section of it. 37. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS 37.1 The written Contract Documents constitute the only and the entire agreement between the parties with respect to the matters covered by them. All prior negotiations, representations and agreements with respect to them and not incorporated in such Contract Documents are canceled. This Agreement can be modified or amended only by a document duly executed on behalf of the parties. In the event any provision of the Contract Documents shall be determined to be illegal, invalid or otherwise unenforceable, the remainder of this Agreement shall not be affected and each remaining provision, term, covenant or condition of the Contract Documents shall be enforced to the fullest extent permitted by law. 38. TERMINATION 38.1 City shall have the right at any time, on not less than seven (7) days prior written notice to the Contractor, to terminate this Agreement without cause or for City's convenience including, but not limited to termination in the event that (a) the Project is abandoned by City; or the City Commission terminates, suspends or modifies the Project. Upon receipt by the Contractor of such notice of termination (the "Date of Termination"), the Contractor shall immediately discontinue the Work and remove its equipment and employees from the Project Location. In the event of termination under this Section 38.1, the Contractor shall have the right, as its sole and exclusive remedy, to recover from City payment of the Contract Sum for Work performed up to the Date of Termination (less any payment made to the Contractor by City). In addition, without 41 terminating this Agreement as a whole, City may, for convenience, terminate a portion of this Agreement (by reducing, in such manner as City deems appropriate, the scope of the Work to be performed by the Contractor). In such event such termination of a portion of this Agreement shall be treated as a reduction in the scope of the Work, to which an equitable reduction shall be made to the Contract Sum. 38.2 In addition to City's right to terminate this Agreement for default under the terms of Section 22.2 and elsewhere in this Agreement, if the Contractor shall fail to commence the Work in accordance with the provisions of this Agreement, fail to perform the Work or portions of it to completion in a diligent, efficient, workmanlike, skillful and careful manner and in strict accordance with the provisions of the Contract Documents, fail to use an adequate quantity or quality of personnel, equipment, or material to complete the Work within the Contract Tim e,me, fail to perform any of its obligations under the Contract Documents, be adjudged a bankrupt, make a general assignment for the benefit of its creditors, permit a receiver to be appointed on account of its insolvency, become otherwise insolvent, or fail to make prompt payments to its Subcontractors, materialmen or laborers, City shall provide the Contractor with written notice of such event, stating the nature of the default complained of. If Contractor does not cure such default within seven (7) days after receipt of such notice (or such longer period agreed to by the parties if the nature of the default is such that it cannot be cured within seven (7) days and Contractor has commenced and is diligently proceeding to cure within the original seven (7) day period), the City shall have the right, upon forty- eight(48) hours written notice to the Contractor to terminate this Agreement. In the event of termination under this Section 38.2, City shall notify the Contractor's surety, and the Contractor's surety shall take over and perform this Agreement. The Contractor's surety shall continue to perform, on at least an interim basis, until such time as it makes other satisfactory arrangements for completion of the Work pursuant to the Bond obligations. If the Contractor's surety does not commence performance with adequate quantity and quality of personnel, equipment, and material to maintain the Contract Time, within five (5) days from the date of receipt of such notice of termination, City may, without further notice to the Contractor or its surety, take possession of and use, without any rental obligation to the Contractor or any third party, all or any part of the Contractor's Materials and other property of every kind used by the Contractor in the performance of the Work and use such property in the completion of the Work, and complete the Work with its own forces or by engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any other right or remedy of City under this Agreement, the Bonds or otherwise. If after exercising any such remedy the cost to City of the performance of the balance of the Work is in excess of Contract Sum, which has not previously been paid to the Contractor, the Contractor and the Contractor's surety shall be liable for and shall reimburse City for such excess costs and all delay and damages suffered by City as a result. If after termination of this Agreement under this Section 38.2, it is determined that the Contractor was not in default or that sufficient cause to terminate under Section 38.2 did not exist, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of City under Section 38.1, and that the Contractor agreed to City's use of its materials and other property, in which case the 42 Contractor shall be entitled to be paid a reasonable sum for City's use of the Contractor's Materials and other property of the Contractor. 38.3 If City fails to perform any of its obligations under this Agreement, the Contractor shall have the right to give City written notice to that effect, stating the nature of the default complained of. If City does not cure such default within fifteen (15) days after receipt such notice (or such longer period agreed to by the parties if the nature of the default is such that it cannot be cured within fifteen (15) days and City has commenced and is diligently proceeding to cure within the original fifteen (15 day period), the Contractor shall have the right, on forty-eight (48) hours written notice to City, to terminate this Agreement. The Contractor shall have the right to terminate this Agreement upon thirty (30) days' written notice if the Work is suspended for a period of ninety (90) consecutive days or more due to causes not the fault of the Contractor. 38.4 City may, if the Contractor neglects to perform the Work properly or to perform any obligation specified in the Contract Documents, or does, or omits to do, anything whereby safety or proper construction may be endangered or whereby damage or injury may result to person or property, after forty-eight (48) hours' written notice to the Contractor, without prejudice to any other remedy City may have, make good all Work, material, omissions or deficiencies, and may deduct the cost therefor from the amount included in the Contract Sum due or which may thereafter become due the Contractor, but no action taken by City under this provision shall affect any of the other rights or remedies of City granted by this Agreement or by law relieve the Contractor or the Contractor's surety from any consequences or liabilities arising from such acts or omissions. 38.5 The rights and remedies of City under this Section 38 shall be non- exclusive, and shall be in addition to all the other remedies available to City at law or in equity. 39. DISPUTE RESOLUTION 39.1 This Agreement shall be governed by the laws of the State of Florida and the applicable laws of the United States of America. Any proceeding seeking to enforce any provision of, or based on any rights arising out of,this Agreement may be brought against any of the parties in the courts of the State of Florida, County of Broward, or if it has or can acquire jurisdiction in the United States District Court of the Southern District of Florida and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action. THE PARTIES WAIVE ANY RIGHTS TO A JURY TRIAL OR PROCEEDING AND WAIVE ANY OBJECTION TO VENUE, PROVIDED, HOWEVER, THAT SUCH VENUE SHALL BE CONSISTENT WITH THE REQUIREMENTS OF SECTION 47.025, FLORIDA STATUTES. 39.2 Pending resolution of any dispute arising under this Agreement, other than its termination, the Contractor shall diligently proceed with performance of this 43 Agreement and City shall continue to make payments in accordance with the Contract Documents, except for performance and payment related to the disputed matter. 40. NOTICES 40.1 All notices to be given under this Agreement shall be in writing, and shall be given, served, or made by facsimile transmission followed by one of the following methods: (a) depositing the same in the United States Mail addressed to the party to be notified, postage pre-paid and first class mail (b) by nationally recognized overnight courier service such as Federal Express or United Parcel Service, or (c) by delivering the same in person to such party. Notices of an alleged default or any termination of this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, postage pre-paid, to the recipient party. Notice given in any other manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties shall be sent to or made to the addresses shown in Section 49 below. By giving the other party at least fifteen (15) days written notice, the parties shall have the right to change their respective addresses and specify as its address any other address in the United States of America. 41. COUNTERPARTS 4.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 42. RECORD DRAWINGS AND FINAL SURVEY 42.1 A marked up set of plans and specifications will be kept up to date by the Contractor on the Project Site at all times. The Contractor shall record all construction and any and all variances to the plans as the Work progresses. These records will be given to the City's Project Representative at the completion of the Work, and properly labeled "Record Drawings". Final submittals of record documents shall include one set of complete reproducible drawings on 3 Mil Mylar, 1 set of blackline prints of those drawings and specifications. 42.2 In addition to the "Record Drawings", if applicable, the Contractor will cause to have prepared by a Surveyor, registered in the State of Florida, a site survey which shall clearly represent all Work done under this contract. This site survey shall show all fences, walls, walks, building(s) and appurtenances, fire hydrant(s), manholes, catch basins, meters, valve boxes, parking, drives, curbs, trees and shrubs. Based upon the mean sea level datum, elevations to the 0.01 foot will be shown in sufficient number of points to clearly indicate the scope of parking, sidewalks, floor and other improved areas. A benchmark will be set at a location selected by City. The grate and invert elevation will be shown for all manholes and catch basins. Elevations to 0.01 foot will be indicated at all changes in ground level, such as ditches, and at intervals not exceeding 100 feet including all adjacent rights-of-way, Contractor shall replace all permanent comer markers which have been removed. An existing survey, if applicable, 44 shall be furnished to the Contractor by the City and the final survey should update and correct the existing survey to illustrate the Work's relationships to the previously existing site and its improvements and appurtenances. 42.3 At the completion of the Work, the Contractor shall furnish six (6) certified prints and a sepia on 3 Mil Mylar of the survey to the City's Project Representative and an electronic version of the survey prepared in Autocad 2000 format delivered on a compact disk. This is a critical item and final payment will be withheld from the Contractor until the "Record Drawings" and final survey are fumished to the City's Project Representative. 43. OWNERSHIP OF DRAWINGS 4.31 In addition to and not as a substitute for Section 30 of this Agreement, all drawings, specifications, and copies of them furnished by the Contractor become the property of the City. 44. GUARANTEE 44.1 In addition to and not as a substitute for Sections 26 and 27 of this Agreement, the Contractor shall guarantee the Work for a period of at least one year (and for additional periods where extended or special warranties are required by the Contract Documents) from the date of Substantial Completion. Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or faulty materials, workmanship, or latent defects within the extended period provided by law and upon written notice, the Contractor shall remedy any defects and pay all expenses for any damages to other Work. 45. TEMPORARY UTILITIES 45.1 Water. The Contractor shall provide a temporary water line sufficient to supply all water needed for the construction Work contemplated under this contract, and shall pay for all water it uses and its Subcontractors use under this Contract. 45.2 Electricity. The Contractor shall provide temporary electrical service sufficient to supply all electrical power needed for the construction Work contemplated under this contract, and shall pay for all electricity it uses and its Subcontractors use under this Contract. 45.3 Sanitary Facilities. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of its employees as may be necessary to comply with the regulations of the State Board of Health and the local health department. No nuisance will be permitted. Upon completion of Work, such facilities shall be removed and the premises left in a sanitary condition. 45 46. DRAWINGS AND SPECIFICATION ON THE SITE 46.1 In addition to and not as a substitute for Section 42 of this Agreement, the Contractor shall keep one copy of the specifications and one copy of the drawings on the building site in good order available to the City's Project Representative. The Contractor will constantly update the specifications and drawings to reflect the "as- built" condition of the Work. 47. CLEANING UP 47.1 The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the Work, shall remove from the premises all rubbish, implements, and surplus materials and leave the building(s) broom clean. 47.2 Any salvage resulting from clearing, grubbing, grading, draining, remodeling or altering any existing facilities on the Project site shall be the property of the City and this material shall be piled or stacked on the site if the City desires this material. If this material is not desired by the City, it shall be disposed of by the Contractor at its expense. 47.3 The Contractor is responsible for any permits required for cleanup activities and shall conform to the municipal and Broward County ordinances governing removal and disposal of waste material and rubbish. 48. CORRECTION OF WORK 48.1 In addition to and not as a substitute for Section 27 of this Agreement, the Contractor shall re-execute any Work that fails to conform to the requirements of the Contract and that appears during the progress of the Work, and shall remedy any defects due to faulty materials or workmanship. The provisions of this article apply to work done by Subcontractors as well as Work done by direct employees of the Contractor. 49. ADDRESSES All invoices, contracts, copies of notices and other correspondence should be addressed to City and the Contractor as follows: If to City: Robert Baldwin, City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No.: (954) 921-2604 46 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No. (954) 924-3702 If to Contractor: Diversified Drilling Corporation Attn: 5620 Lee Street Lehigh Acres, Florida 33971 IN WITNESS OF THE FOREGOING, this Agreement is executed and effective as of the date first above set forth. CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: Dated: 1200 CITY: CITY OF DANIA BEACH,a Florida municipal corporation By: Mayor By: City Manager Dated: 200_ ATTEST: By: Louise Stilson, CMC, City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: Thomas J. Ansbro, City Attorney 47 EXHIBIT A CONTRACT TIMES A. DesignServices. Unless otherwise agreed to in writing b the parties, g g Y P > the Design Services, if any, shall be commenced pursuant to a Notice to Proceed from the City's Project Representative to Contractor's Project Representative and completed within ninety (90) days from the date set forth in it. Time is of the essence in the performance of the Design Services. B. Construction Work. Unless otherwise agreed to in writing by the parties, the Construction Work shall be commenced pursuant to a Notice to Proceed issued by the City's Project Representative to Contractor's Project Representative with Substantial Completion to occur within ( ) days after issuance of such Notice. Pursuant to Section 7.4 of the Agreement, Final Completion shall occur within thirty (30) calendar days following Substantial Completion. Time is of the essence in the performance of the Construction Work. C. Liquidated Damages. Pursuant to Section 7.6 of the Agreement, if the Contractor shall neglect, fail, or refuse to complete the Work by the applicable Substantial Completion Date or the applicable Final Completion Date, subject to any proper extension granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City, Liquidated Damages in the amount of(a) Five Hundred and No/100 Dollars ($500.00)per diem commencing upon the first day following expiration of the Substantial Completion Date and continuing until the actual date of Substantial Completion, and (b) Five Hundred and No/100 Dollars ($500.00) per diem commencing upon the first day following expiration of the Final Completion Date and continuing until the actual date of Final Completion as applicable. 48 EXHIBIT B CHANGE ORDER TO: City of Dania Beach PROJECT: Drilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20_ This Change Order will authorize the following change to the Agreement: The Work as set forth in the Agreement is amended to include the items set forth on Attachment"A"attached and by this reference made a part of this document. This Change Order constitutes full, final, and complete authorization for compensation to the Contractor for all costs, expenses, overhead, and profit, and any damages of every kind that the Contractor may incur in connection with the above referenced change(s) in the Work, and any other effect on any of the Work under this Agreement. The Contractor acknowledges and agrees that(a)the Guaranteed Maximum Price of$ under the Agreement will be [unchanged] [changed] by this Change Order, and (b) the schedule for performance of Work will be [unchanged] [changed] by this Change Order. Contractor expressly waives any claims for any additional compensation, damages or time extensions in connection with the above-referenced change(s). Except as modified by this document, all terms of the Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any work authorized under this document. Any defined terms not defined in this Change Order shall have the meanings set forth in the Agreement. By signing below the parties indicate acceptance of this Change Order as set forth in it. CONTRACTOR: DIVERSIFIED DRILLING CITY OF DANIA BEACH,a CORPORATION, municipal Florida corporation Florida corporation By: By: Robert Baldwin, City Manager Name: Title: Commission of the City of Dania Beach on ,20_. 49 EXHIBIT C REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20_. Invoice #: Date: Application is made for payment as shown below, in connection with the Contractor Agreement (additional sheets are attached to provide a complete breakdown of the requested payment): 1.Guaranteed Maximum Price $ 2. Net Change by Change Orders $ 3. Guaranteed Maximum Price to date (Line 1 +2) $ 4. Total Completed and Stored to date $ (see continuation sheet) 5. Retainage to date (see continuation sheet) $ 6. Total Earned less Retainage (Line 4 less Line 5 total) $ 7. Less Previous Requests for Payment $ (line 6 from previous Request) 8. Current Payment Due $ 9. Balance to Finish (Line 1 less Line 4) $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Request for Payment has been completed in strict accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Requests for Payment were issued and payment received from the City and that the current payment requested represents a just estimate of reimbursements to the contractors, subcontractors, materialmen, vendors, and suppliers for Work performed and material delivered. The Contractor further certifies that there are no known mechanic's or materialmen's liens outstanding at the date of this request, that all due and payable bills with respect to the Work and materials have been paid to date or are included in the amount requested and that, except for such bills not paid but so included, there is no known basis for the filing of any mechanic's or materialmen's liens on the Work, and that waivers from all 50 contractors, subcontractors, materialmen, vendors and suppliers have been obtained in such form as required by the Contractor Agreement. CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: 51 EXHIBIT D CERTIFICATE OF SUBCONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20 . The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite heir names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Contractor for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and fumish the City and the Contractor a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as 52 same are applicable to the performance of the Subcontractor's obligations in connection with the Project. THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project,which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: I. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. This instrument has been executed on 20 . SUBCONTRACTOR: By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on 20_, by who [ ] is personally know to me or [ ] produced as identification. Notary Public Print or Type Name My Commission Expires: 53 EXHIBIT E CERTIFICATE OF CONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20 . The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Contractor, which entity has executed the attached Release and Waiver, and I certify that the Contractor has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Contractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Contractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for material or labor supplied by, to, for or under the Contractor in connection with the Contractor participation in the construction of the Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed instrument fully releasing any such liens. The Contractor further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by,through or under the Contractor. I further certify on behalf of and in the name of the Contractor that the Contractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Contractor's obligations in connection with the Project. THAT the undersigned Contractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Contractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 2. The undersigned Contractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. 3. This instrument has been executed on 20 CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on 20 , by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public My Commission Expires: Print or Type Name 55 EXHIBIT F CERTIFICATE OF CONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20_. The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Contractor, which entity has executed the attached Release and Waiver, and I certify that the Contractor has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Contractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Contractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for material or labor supplied by, to, for or under the Contractor in connection with the Contractor participation in the construction of the Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed instrument fully releasing any such liens. The Contractor further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Contractor. I further certify on behalf of and in the name of the Contractor that the Contractor has complied with all federal state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Contractor's obligations in connection with the Project. THAT the undersigned Contractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Contractor does acknowledge and represent that: 4. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 5. The undersigned Contractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date below, it being understood that retainage in the amount $ of is being withheld pursuant to the terms of the Agreement. This instrument has been executed on 20 . CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20_, by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public My Commission Expires: Print or Type Name 57 EXHIBIT G CERTIFICATE OF SUBCONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20_. The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Contractor for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Contractor a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Subcontractor's obligations in connection with the Project. 58 THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City,the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of$ for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document, it being understood that retainage in the amount of$ is being withheld pursuant to the terms of the Agreement. This instrument has been executed on 20 . SUBCONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20 , by who [ ] is personally know to me or [ ] produced as identification. Notary Public Print or Type Name My Commission Expires: 59 EXHIBIT H ASSIGNMENT TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20 . ASSIGNMENT OF RIGHTS UNDER SUBCONTRACTOR CONTRACT/SUBCONSULTANT CONTRACT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, , whose mailing address is (the "Contractor"), does TRANSFER, ASSIGN and CONVEY to the CITY OF DANIA BEACH, a Florida municipal corporation, whose mailing address is 100 West Dania Beach Blvd., Dania Beach, Florida 33004 (the "City"), all of the rights, interests, benefits and privileges of the Contractor under(a) that certain Subcontractor Contract/Subconsultant Contract (the "Subcontract") dated 200 , by and between the Contractor and ("the Subcontractor"), a copy of which Subcontract is attached as Exhibit "A" and made a part of this document, providing for a portion of the services, labor and materials that the Contractor is obligated to provide the City under that certain Contractor Agreement (the "Agreement")dated 2009, for the design and construction of a Project and related improvements in Broward County, Florida (the "Project"), and (b) any and all payment and performance bonds issued in conjunction with the Subcontract. However, the City does not assume any of the Contractor's liabilities, duties or obligations under the Subcontract. The foregoing Assignment constitutes a part of the security given to the City by the Contractor to secure the Contractor's performance of the Agreement. Notwithstanding anything in this instrument to the contrary, the City shall not exercise any rights under this instrument unless an event of default or other termination shall have occurred under the provisions of the Agreement. The City shall have the right, but not the duty, in the event of a default or termination pursuant to the terms of the Agreement, to exercise all of its rights, interests, benefits and privileges under the Subcontract. Subcontractor agrees with the City as follows: That Subcontractor consents to the foregoing assignment and agrees to notify the City in writing at the same time Subcontractor notifies the Contractor of the occurrence of any failure of payment under the provisions of the Subcontract or of the occurrence of any other default by the Contractor under the provisions of the Subcontract. That if the City notifies the Subcontractor in writing that an event of default by the Contractor, or other termination, has occurred under the Agreement, the Subcontractor shall, at the City's request, waive the Contractor's default and continue performance on the City's behalf under the Subcontract in accordance with its terms, provided that the Subcontractor shall be paid in accordance with the Subcontract for the following as and when they are due under the Subcontract: (a) all services, work, labor and materials rendered on the Contractor's behalf prior to the City's request; (b) all services, work, labor and materials rendered on the City's behalf following the City's request; and (c) the amount of retainage, if any, withheld by the City from payments to the Contractor made by the City prior to the City's request. That in the event any Subcontract proceeds are disbursed by the City directly to the Subcontractor, the Subcontractor will receive any such advances and will hold the same as a trust and for the purpose of paying the costs of the labor performed and equipment and supplies used in connection with the Project, and the Subcontractor will apply the same only to payment of such costs and for no other purpose. That upon the City's request, the Subcontractor shall furnish to the City a current list of all persons or firms with whom the Subcontractor has entered into subcontracts or other agreements relating to the performance of work or furnishing of materials in connection with the Project which have a value of$1,000 or more, together with a statement as to the status of each of such subcontract or agreement and the respective amounts, if any, owed by the Subcontractor. The Contractor consents to the furnishing to the City of such list and statement. Subcontractor consents to the City assigning the City's rights under this document to anyone whom the City may choose to complete the Contractor's obligations, including without limitation, the Contractor's surety. That the Cityhas no obligation to exercise its rights under this Assignment nt and gg furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth in this document. 61 That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subcontractor. IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of the Subcontract. CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20, by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: By the signature below of an authorized agent of Subconsultant/Subcontractor, the foregoing Assignment is acceptable. SUBCONSULTANT (OR) SUBCONTRACTOR: By: Name: Title: Date: 62 EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20_. STATE OF FLORIDA ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That a Florida corporation of the County of Broward, and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the penal sum of Dollars ($ ) for the payment of which, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into that certain Contractor Agreement with the City, dated , 200 , for the project of Re-roofing of Portions of City Hall and Fire Station No. 1 Buildings (the "Agreement"), which Agreement is by reference made a part of this document as fully and to the same extent as if copied at length in it. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall faithfully perform the Agreement and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, warranties and agreements in and by the Agreement agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. Whenever Principal shall be, and declared by the City to be in default under the Agreement, the City having performed the City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 63 (1) Complete the Agreement in accordance with the terms and conditions; or (2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety for completion of the Agreement in accordance with the terms and conditions, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the Agreement price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amounts set forth in the first paragraph hereof The term"balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Contractor under the Agreement and amendments to it, less the amount paid by the City to Contractor and less amounts withheld by the City pursuant to its rights under the Agreement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder and further agrees to all of the terms contained in the Agreement. IN WITNESS OF THE FOREGOING, the said Principal and Surety have signed and sealed this instrument on 20 . PRINCIPAL: SURETY: By: Name: Title: Date: By: Name: Title: Date: 64 EXHIBIT J LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: ,20 . STATE OF FLORIDA ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That a Florida corporation of the County of , and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the sum of Dollars ($ ) for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally: WHEREAS, the Principal has entered into a certain Contractor Agreement with the City, dated 2009, for the Project of Re-roofing City Hall and Fire Station No. 1 Buildings (the "Agreement"), which Agreement is by reference made a part of this document as fully and to the same extent as if copied at length in it. NOW, THEREFORE, THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the Agreement; and 2. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by Principal under the Agreement; Then this bond is void; otherwise, it remains in full force. Any changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications or drawings, or the work to be performed thereunder, and compliance or noncompliance with formalities connected with the 65 Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be performed thereunder. This Bond is filed in accordance with Section 713.23, Florida Statutes, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING,the Principal and Surety have signed and sealed this instrument this on 20 PRINCIPAL: SURETY: By: Name: Title: Date: By: Name: Title: Date: 66 EXHIBIT K NOTICE TO PROCEED TO: From: City of Dania Beach,Florida PROJECT: Redrilling of Well"G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20_. You are notified that the Contract Times under the Agreement for the above Project will commence to run on 20 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Sections 4 and 6 of the Agreement, the dates of Substantial Completion and completion and readiness for final payment (Final Completion) are 20_ and 20_ days respectively). Before you may start any Work at any Site, Section 11 of the Agreement requires you to deliver to the City, which shall be listed as an additional named insured, Certificates of Insurance that you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (if necessary, add other requirements) (CITY'S PROJECT REPRESENTATIVE) By: (AUTHORIZED SIGNATURE) (TITLE) 67 ACKNOWLEDGMENT OF CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT To the City of Dania Beach, Florida: , Contractor, acknowledges and agrees that as Contractor for the City of Dania Beach, Florida, which may or will be working within the limits of the City of Dania Beach, Florida, that it has the sole responsibility for compliance with all requirements of the Florida Trench Safety Act, Section 553.60 et seq. Florida Statutes, and it agrees to indemnify and hold harmless the City of Dania Beach, Florida, its officials, employees, and its agents against any and all legal liability or loss which the City of Dania Beach, Florida may incur due to the Contractor's failure to comply with such Act. The cost of compliance with all such requirements has been included in the Bid. WITNESSES: CONTRACTOR: Witness Name of Contractor Print Name Signature Witness Print Name, Title 20_ Print Name Date (CORPORATE SEAL) 68 ADDITIONAL SUPPLEMENTAL CONDITIONS FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act,Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.L(I) MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer—s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. EPA shall approve an additional 69 classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EPA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EPA or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) ( c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and EPA or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), EPA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EPA or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan 70 or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. WITHHOLDING EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA, or its designee may,after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EPA or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.( i) PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration 71 of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to EPA or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ( c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(1) of this section available for inspection, copying, or transcription by authorized representatives of EPA or its designee or the Department of Labor, and shall 72 permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, EPA or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.(i) APPRENTICES AND TRAINEES (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman=s hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 73 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainees level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. COMPLIANCE WITH COPELAND ACT REQUIREMENTS The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. SUBCONTRACTS The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 74 7. CONTRACT TERMINATION, DEBARMENT A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EPA or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.( i) CERTIFICATION OF ELIGIBILITY By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor=s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part Whoever, for the purpose of. . .influencing in any way the action of such Administration. . .makes, utters or publishes any statement, knowing the same to be false. . .shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is 75 about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 76 C. HEALTH AND SAFETY (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 77 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example,contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractors annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) c) Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and Related Acts only establishes minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis-Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner—s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise the contractor and affected workers must agree on a minimum rate which cannot be lower than the lowest rate for any trade in the wage decision. Laborers 78 (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. 79 h) Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 80 DAVIS BACON CERTIFICATION The American Recovery and Reinvestment Act states that the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. To meet this requirement, the undersigned hereby certifies that all of the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards. Signature Date 81 BUY AMERICAN CERTIFICATION Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. " To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the (Name of Construction Contract) to be partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D). Name of Contractor Date Signature of Authorized Official Title 82 11 DIVERSIFIED DRILLING CORPORATION 8801 Maislin Drive,Tampa FL. 33637 Phone (813) 988-1132 Fax (813) 935-6636 E-Mail bmusselwlvte@wellwatei.com CITY OF DANIA BEACH REPLACEMENT PRODUCTION WELL & PUMP SCOPE OF WORK Part A of the work consists of constructing a 20-inch Production Well cased to approximately 60 feet with open hole extending to approximately 70 feet. Part B of the work includes providing and installing a 40 hp pump and related appurtenances. Electrical connections are not included in basic scope. All work will be performed in accordance with applicable South Florida Water Management District regulations. Water Quality Analysis is not included in basic scope. SEQUENCE OF WORK PART A. *Mobilize and Set-Up All Drilling Equipment on Site *Drill nom. 8-Inch Pilot Hole to 70 feet +/- *Ream nom. 26" Hole to 70 feet bis +/- *Install 20" Steel Casing to 60 feet bis +/- *Cement 20-Inch Casing with Neat Cement *Drill Pilot Hole to 70 feet bis +/- *Ream nom. 20-Inch Hole to 70 feet +/- using the Reverse-Air Method *Air Develop Well *Form and Pour 6 ft x 6 ft x 6" Concrete Pad *Secure Temporary Wellhead *Demobilize Drilling Equipment PART B. *Mobilize Boom Truck and Pump Materials to Site *Install 40 hp Submersible Pump, Check Valve to 40 feet bls *On 6-Inch Certa-Lok PVC Drop Pipe with electric and safety cables *Install 6"x 20"Well head with 2 access ports and 90 degree elbow. *Leave well secured with minimum 10 feet of electric cable above ground *Clean-Up Site and Demobilize EXHIBIT "1 " ADDENDUM TO SCOPE OF WORK BETWEEN CONTRACT WITH THE CITY OF DANIA BEACH AND DIVERSIFIED DRILLING CORPORATION The City of Dania Beach and Diversified Drilling Corporation agree that all terms of the May 19, 2009 contract existing between the corporation and Lee County apply to the work, except to the extent of conflict between the terms of that contract and the terms of this Exhibit "1", as the City-Corporation Agreement to which it is attached. EXHIBIT A CONTRACT TIMES A. Design Services. Unless otherwise agreed to in writing by the parties, the Design Services, if any, shall be commenced pursuant to a Notice to Proceed from the City's Project Representative to Contractor's Project Representative and completed within ninety (90) days from the date set forth in it. Time is of the essence in the performance of the Design Services. B. Construction Work. Unless otherwise agreed to in writing by the parties, the Construction Work shall be commenced pursuant to a Notice to Proceed issued by the City's Project Representative to Contractor's Project Representative with Substantial Completion to occur within (___) days after issuance of such Notice. Pursuant to Section 7.4 of the Agreement, Final Completion shall occur within thirty (30) calendar days following Substantial Completion. Time is of the essence in the performance of the Construction Work. C. Liquidated Damages. Pursuant to Section 7.6 of the Agreement, if the Contractor shall neglect, fail, or refuse to complete the Work by the applicable Substantial Completion Date or the applicable Final Completion Date, subject to any proper extension granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City, Liquidated Damages in the amount of(a) Five Hundred and No/100 Dollars($500.00)per diem commencing upon the first day following expiration of the Substantial Completion Date and continuing until the actual date of Substantial Completion, and (b) Five Hundred and No/100 Dollars ($500.00) per diem commencing upon the first day following expiration of the Final Completion Date and continuing until the actual date of Final Completion as applicable. 48 EXHIBIT B CHANGE ORDER TO: City of Dania Beach PROJECT: Drilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20_ This Change Order will authorize the following change to the Agreement: The Work as set forth in the Agreement is amended to include the items set forth on Attachment "A" attached and by this reference made a part of this document. This Change Order constitutes full, final, and complete authorization for compensation to the Contractor for all costs, expenses, overhead, and profit, and any damages of every kind that the Contractor may incur in connection with the above referenced change(s) in the Work, and any other effect on any of the Work under this Agreement. The Contractor acknowledges and agrees that (a) the Guaranteed Maximum Price of $ under the Agreement will be [unchanged] [changed] by this Change Order, and (b) the schedule for performance of Work will be [unchanged] [changed] by this Change Order. Contractor expressly waives any claims for any additional compensation, damages or time extensions in connection with the above-referenced change(s). Except as modified by this document, all terms of the Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any work authorized under this document. Any defined terms not defined in this Change Order shall have the meanings set forth in the Agreement. By signing below the parties indicate acceptance of this Change Order as set forth in it. CONTRACTOR: DIVERSIFIED DRILLING CITY OF DANIA BEACH, a CORPORATION, municipal Florida corporation Florida corporation By: By: Robert Baldwin, City Manager Name: Title: Commission of the City of Dania Beach on , 20 . 49 EXHIBIT C REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20 . Invoice#: Date: Application is made for payment as shown below, in connection with the Contractor Agreement (additional sheets are attached to provide a complete breakdown of the requested payment): 1.Guaranteed Maximum Price $ 2. Net Change by Change Orders $ 3. Guaranteed Maximum Price to date (Line 1 + 2) $ 4. Total Completed and Stored to date $ (see continuation sheet) 5. Retainage to date(see continuation sheet) $ 6. Total Earned less Retainage (Line 4 less Line 5 total) $ 7. Less Previous Requests for Payment $ (line 6 from previous Request) 8. Current Payment Due $ 9. Balance to Finish(Line 1 less Line 4) $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Request for Payment has been completed in strict accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Requests for Payment were issued and payment received from the City and that the current payment requested represents a just estimate of reimbursements to the contractors, subcontractors, materialmen, vendors, and suppliers for Work performed and material delivered. The Contractor further certifies that there are no known mechanic's or materialmen's liens outstanding at the date of this request, that all due and payable bills with respect to the Work and materials have been paid to date or are included in the amount requested and that, except for such bills not paid but so included, there is no known basis for the filing 50 of any mechanic's or materialmen's liens on the Work, and that waivers from all contractors, subcontractors, materialmen, vendors and suppliers have been obtained in such form as required by the Contractor Agreement. CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: 51 EXHIBIT D CERTIFICATE OF SUBCONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20 . The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite heir names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Contractor for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Contractor a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as 52 same are applicable to the performance of the Subcontractor's obligations in connection with the Project. THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. This instrument has been executed on 20 . SUBCONTRACTOR: By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on 20_, by who [ ] is personally know to me or [ ] produced as identification. Notary Public Print or Type Name My Commission Expires: 53 EXHIBIT E CERTIFICATE OF CONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20. The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Contractor, which entity has executed the attached Release and Waiver, and I certify that the Contractor has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Contractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Contractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for material or labor supplied by, to, for or under the Contractor in connection with the Contractor participation in the construction of the Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed instrument fully releasing any such liens. The Contractor further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Contractor. I further certify on behalf of and in the name of the Contractor that the Contractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Contractor's obligations in connection with the Project. THAT the undersigned Contractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Contractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 2. The undersigned Contractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. 3. This instrument has been executed on 120 CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20_, by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public My Commission Expires: Print or Type Name 55 EXHIBIT F CERTIFICATE OF CONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20. The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Contractor, which entity has executed the attached Release and Waiver, and I certify that the Contractor has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Contractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Contractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for material or labor supplied by, to, for or under the Contractor in connection with the Contractor participation in the construction of the Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed instrument fully releasing any such liens. The Contractor further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by,through or under the Contractor. I further certify on behalf of and in the name of the Contractor that the Contractor has complied with all federal state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Contractor's obligations in connection with the Project. THAT the undersigned Contractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Contractor does acknowledge and represent that: 4. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 5. The undersigned Contractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date below, it being understood that retainage in the amount $ of is being withheld pursuant to the terms of the Agreement. This instrument has been executed on 20 . CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20, by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public My Commission Expires: Print or Type Name 57 EXHIBIT G CERTIFICATE OF SUBCONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20 . The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Contractor for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Contractor a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Subcontractor's obligations in connection with the Project. 58 THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of$ for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges Ym receipt of payment P in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document, it being understood that retainage in the amount of$ is being withheld pursuant to the terms of the Agreement. This instrument has been executed on 20 . SUBCONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on , 20 , by who [ ] is personally know to me or [ ] produced as identification. Notary Public Print or Type Name My Commission Expires: 59 EXHIBIT H ASSIGNMENT TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20 . ASSIGNMENT OF RIGHTS UNDER SUBCONTRACTOR CONTRACTISUBCONSULTANT CONTRACT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, , whose mailing address is (the "Contractor"), does TRANSFER, ASSIGN and CONVEY to the CITY OF DANIA BEACH, a Florida municipal corporation, whose mailing address is 100 West Dania Beach Blvd., Dania Beach, Florida 33004 (the "City"), all of the rights, interests, benefits and privileges of the Contractor under (a)that certain Subcontractor Contract/Subconsultant Contract (the "Subcontract") dated 200_, by and between the Contractor and ("the Subcontractor"), a copy of which Subcontract is attached as Exhibit "A" and made a part of this document, providing for a portion of the services, labor and materials that the Contractor is obligated to provide the City under that certain Contractor Agreement (the "Agreement") dated 2009, for the design and construction of a Project and related improvements in Broward County, Florida (the "Project"), and (b) any and all payment and performance bonds issued in conjunction with the Subcontract. However, the City does not assume any of the Contractor's liabilities, duties or obligations under the Subcontract. The foregoing Assignment constitutes a part of the security given to the City by the Contractor to secure the Contractor's performance of the Agreement. Notwithstanding anything in this instrument to the contrary, the City shall not exercise any rights under this instrument unless an event of default or other termination shall have occurred under the provisions of the Agreement. The City shall have the right, but not the duty, in the event of a default or termination pursuant to the terms of the Agreement, to exercise all of its rights, interests, benefits and privileges under the Subcontract. Subcontractor agrees with the City as follows: That Subcontractor consents to the foregoing assignment and agrees to notify the City in writing at the same time Subcontractor notifies the Contractor of the occurrence of any failure of payment under the provisions of the Subcontract or of the occurrence of any other default by the Contractor under the provisions of the Subcontract. That if the City notifies the Subcontractor in writing that an event of default by the Contractor, or other termination, has occurred under the Agreement, the Subcontractor shall, at the City's request, waive the Contractor's default and continue performance on the City's behalf under the Subcontract in accordance with its terms, provided that the Subcontractor shall be paid in accordance with the Subcontract for the following as and when they are due under the Subcontract: (a) all services, work, labor and materials rendered on the Contractor's behalf prior to the City's request; (b) all services, work, labor and materials rendered on the City's behalf following the City's request; and (c) the amount of retainage, if any, withheld by the City from payments to the Contractor made by the City prior to the City's request. That in the event any Subcontract proceeds are disbursed by the City directly to the Subcontractor, the Subcontractor will receive any such advances and will hold the same as a trust and for the purpose of paying the costs of the labor performed and equipment and supplies used in connection with the Project, and the Subcontractor will apply the same only to payment of such costs and for no other purpose. That upon the City's request, the Subcontractor shall furnish to the City a current list of all persons or firms with whom the Subcontractor has entered into subcontracts or other agreements relating to the performance of work or furnishing of materials in connection with the Project which have a value of$1,000 or more, together with a statement as to the status of each of such subcontract or agreement and the respective amounts, if any, owed by the Subcontractor. The Contractor consents to the furnishing to the City of such list and statement. Subcontractor consents to the City assigning the City's rights under this document to anyone whom the City may choose to complete the Contractor's obligations, including without limitation, the Contractor's surety. That the City has no obligation to exercise its rights under this Assignment and furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth in this document. 61 That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subcontractor. IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of the Subcontract. CONTRACTOR: DIVERSIFIED DRILLING CORPORATION, a Florida corporation By: Name: Title: STATE OF FLORIDA ) COUNTY OF ) This instrument was acknowledged before me on 20 by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: By the signature below of an authorized agent of Subconsultant/Subcontractor, the foregoing Assignment is acceptable. SUBCONSULTANT (OR) SUBCONTRACTOR: By: Name: Title: Date: 62 EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: , 20 . STATE OF FLORIDA ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That a Florida corporation of the County of Broward, and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the penal sum of Dollars($ ) for the payment of which, the Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into that certain Contractor Agreement with the City, dated , 200 , for the project of Re-roofing of Portions of City Hall and Fire Station No. 1 Buildings (the "Agreement"), which Agreement is by reference made a part of this document as fully and to the same extent as if copied at length in it. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall faithfully perform the Agreement and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, warranties and agreements in and by the Agreement agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of the Agreement, then this obligation shall be void; otherwise to remain in full force and effect. Whenever Principal shall be, and declared by the City to be in default under the Agreement, the City having performed the City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 63 (1) Complete the Agreement in accordance with the terms and conditions; or (2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety for completion of the Agreement in accordance with the terms and conditions, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the Agreement price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amounts set forth in the first paragraph hereof. The term "balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Contractor under the Agreement and amendments to it, less the amount paid by the City to Contractor and less amounts withheld by the City pursuant to its rights under the Agreement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder and further agrees to all of the terms contained in the Agreement. IN WITNESS OF THE FOREGOING, the said Principal and Surety have signed and sealed this instrument on 20 . PRINCIPAL: SURETY: By: Name: Title: Date: By: Name: Title: Date: 64 EXHIBIT J LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: , 20 . STATE OF FLORIDA ) COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS: That a Florida corporation of the County of , and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the sum of Dollars ($ ) for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally: WHEREAS, the Principal has entered into a certain Contractor Agreement with the City, dated 2009, for the Project of Re-roofing City Hall and Fire Station No. 1 Buildings (the "Agreement"), which Agreement is by reference made a part of this document as fully and to the same extent as if copied at length in it. NOW, THEREFORE, THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the Agreement; and 2. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by Principal under the Agreement; Then this bond is void; otherwise, it remains in full force. Any changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications or drawings, or the work to be performed thereunder, and compliance or noncompliance with formalities connected with the 65 Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be performed thereunder. This Bond is filed in accordance with Section 713.23, Florida Statutes, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING,the Principal and Surety have signed and sealed this instrument this on , 20 . PRINCIPAL: SURETY: By: Name: Title: Date: By: Name: Title: Date: 66 EXHIBIT K NOTICE TO PROCEED TO: From: City of Dania Beach, Florida PROJECT: Redrilling of Well "G" CONTRACTOR: DIVERSIFIED DRILLING CORPORATION DATE: 20 . You are notified that the Contract Times under the Agreement for the above Project will commence to run on , 20 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Sections 4 and 6 of the Agreement, the dates of Substantial Completion and completion and readiness for final payment (Final Completion) are , 20_ and 20 C /_days respectively). Before you may start any Work at any Site, Section 11 of the Agreement requires you to deliver to the City, which shall be listed as an additional named insured, Certificates of Insurance that you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (if necessary, add other requirements) (CITY'S PROJECT REPRESENTATIVE) By: (AUTHORIZED SIGNATURE) (TITLE) 67 ACKNOWLEDGMENT OF CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT To the City of Dania Beach, Florida: , Contractor, acknowledges and agrees that as Contractor for the City of Dania Beach, Florida, which may or will be working within the limits of the City of Dania Beach, Florida, that it has the sole responsibility for compliance with all requirements of the Florida Trench Safety Act, Section 553.60 et seq. Florida Statutes, and it agrees to indemnify and hold harmless the City of Dania Beach, Florida, its officials, employees, and its agents against any and all legal liability or loss which the City of Dania Beach, Florida may incur due to the Contractor's failure to comply with such Act. The cost of compliance with all such requirements has been included in the Bid. WITNESSES: CONTRACTOR: Witness Name of Contractor Print Name Signature Witness Print Name, Title 20 Print Name Date (CORPORATE SEAL) 68 ADDITIONAL SUPPLEMENTAL CONDITIONS FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.L(I) MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer=s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. EPA shall approve an additional 69 classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EPA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EPA or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and EPA or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), EPA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EPA or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan 70 or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. WITHHOLDING EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EPA or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.( i) PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration 71 of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to EPA or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1 That the payroll for the payroll period contains the information required to be ( ) PYr PY P q maintained under 29 CFR Part 5.5 (a)(3)(1) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ( c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of EPA or its designee or the Department of Labor, and shall 72 permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, EPA or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.( i) APPRENTICES AND TRAINEES (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman=s hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 73 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainees level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. COMPLIANCE WITH COPELAND ACT REQUIREMENTS The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. SUBCONTRACTS The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 74 7. CONTRACT TERMINATION, DEBARMENT A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EPA or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.( i) CERTIFICATION OF ELIGIBILITY By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor=s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part Whoever, for the purpose of. . .influencing in any way the action of such Administration. . .makes, utters or publishes any statement, knowing the same to be false. . .shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is 75 about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 76 C. HEALTH AND SAFETY (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 77 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractors annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) c) Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and Related Acts only establishes minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis-Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner=s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for an trade in the wage decision. Laborers Y g 78 (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s)based on the work performed. g) Sole Proprietorships /Independent Contractors/ Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers,they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. 79 h) Apprentices / Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 80 DAVIS BACON CERTIFICATION The American Recovery and Reinvestment Act states that the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. To meet this requirement, the undersigned hereby certifies that all of the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards. Signature Date 81 BUY AMERICAN CERTIFICATION Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured.goods used in the project are produced in the United States. " To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the (Name of Construction Contract) to be partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D). Name of Contractor Date Signature of Authorized Official Title 82 ADDITIONAL SUPPLEMENTAL CONDITIONS FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.L(I) MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer=s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis- Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. EPA shall approve an additional 69 classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EPA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by EPA or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) ( c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and EPA or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), EPA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EPA or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise EPA or its designee or will notify EPA or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or ( c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan 70 or program. Provided, that the Secretary- of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. WITHHOLDING EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EPA or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.( i) PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration 71 of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to EPA or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to EPA or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. ( c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of EPA or its designee or the Department of Labor, and shall 72 permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, EPA or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.( i) APPRENTICES AND TRAINEES (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman=s hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 73 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainees level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. COMPLIANCE WITH COPELAND ACT REQUIREMENTS The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. SUBCONTRACTS The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 74 7. CONTRACT TERMINATION, DEBARMENT A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EPA or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.( i) CERTIFICATION OF ELIGIBILITY By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor=s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part Whoever, for the purpose of . .influencing in any way the action of such Administration. . .makes, utters or publishes any statement, knowing the same to be false. . .shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. COMPLAINTS, PROCEEDINGS.OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is 75 about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. EPA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 76 C. HEALTH AND SAFETY (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 77 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractors annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) c) Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and Related Acts only establishes minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis-Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner=s representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers 78 (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships/Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. 79 h) Apprentices /Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 80 DAVIS BACON CERTIFICATION The American Recovery and Reinvestment Act states that the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. To meet this requirement, the undersigned hereby certifies that all of the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards. Signature Date 81 BUY AMERICAN CERTIFICATION Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. " To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the (Name of Construction Contract) to be partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936-13(D). Name of Contractor Date Signature of Authorized Official Title 82 ACKNOWLEDGMENT OF CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT To the City of Dania Beach, Florida: Contractor, acknowledges and agrees that as Contractor for the City of Dania Beach, Florida, which may or will be working within the limits of the City of Dania Beach, Florida, that it has the sole responsibility for compliance with all requirements of the Florida Trench Safety Act, Section 553.60 et seq. Florida Statutes, and it agrees to indemnify and hold harmless the City of Dania Beach, Florida, its officials, employees, and its agents against any and all legal liability or loss which the City of Dania Beach, Florida may incur due to the Contractor's failure t Y • comply with such Act. The cost of compliance with all such requirements has been included in the Bid. WITNESSES: CONTRACTOR: Witness Name of Contractor Print Name Signature Witness Print Name, Title 20 Print Name Date (CORPORATE SEAL) 83 FHWA,1273 Electronic version--March 10, 1994 NOTE. In this document, the ward'proposer, means "bid"in other ODOT documents. REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS Page I. General ......................................... .............. .... ....................................... ...... 1 11. Nondiscrimination...... ..................................................................................... 2 111. Nonsegregated Facilities.................................................................................. 7 IV. Payment of Predetermined Minimum Wage .................................................... 7 V. Statements and Payrolls............................................................................. .... 13 VI. Record of Materials, Supplies, and Labor........................................................ 15 VI 1. Subletting or Assigning the Contract................................................................ 15 VIII. Safety: Accident Prevention................................................................. .......... 16 IX. False Statements Concerning Highway Projects............................................. 17 X. Implementation of Clean Air Act and Federal Water Pollution ControlAct........................................................................ .............................. 17 XI. Certification Regarding Debarment, Suspension, Ineligibility, andVoluntary Exclusion.................................................... ......... .................... 18 XII. Certification Regarding Use of Contract Funds for Lobbying........................... 22 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3. 4, and 7; Section V, paragraphs 1 and 2a through 2g. March 10, 1994 Page 1 of 24 Required Contract Provisions(FHWA-1 273) FHWA 1273.dw 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable,as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. Il. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 at seg.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training" March 10, 1994 Page 2 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer" All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. March 10, 1994 Page 3 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.doc b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. March 10, 1994 Page 4 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractors association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the March 10, 1994 Page 5 of 24 Required Contract Provisions(FHWA-1273) FHWA 1277.tloc contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by March 10, 1994 Page 6 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dw special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appro- priate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, 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 directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts,except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and March 10, 1994 Page 7 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm I made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis- Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and March 10, 1994 Page 8 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dw (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representa- tives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Adminis- trator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. March 10, 1994 Page 9 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dw 4. Apprentices and Trainees (Programs of the U.S. DOL)and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at March 10, 1994 Page 10 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved March 10, 1994 Page 11 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273AM definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than oneand-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, March 10, 1994 Page 12 of 24 Required Contract Provisions(FHWA-1273) FHWA 1279.dm mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(13) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is March 10, 1994 Page 13 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. C. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. March 10, 1994 Page 14 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. In all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than$1,000,000 (23 CFR 635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment March 10, 1994 Page 15 of 24 Required Contract Provisions(FHWA•1273) FHWA 1273.dx owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333). March 10, 1994 Page 16 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat 355), as amended and supplemented; Shaft be fined not more that$10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) March 10, 1994 Page 17 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate,will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sec., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification -Primary Covered Transactions: (Applicable to all Federal-aid contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. March 10, 1994 Page 18 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," 'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not de- barred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, I a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. March 10, 1994 Page 19 of 24 Required Contract Provisions(FHWA-1273) FHWA 1277.doe Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ttt RR 2. Instructions for Certification -Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of$25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction March 10, 1994 Page 20 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dw originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospec- tive lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms 'covered transaction," "debarred," "suspended," "ineligible,' "primary covered transaction," "participant," "person," "principal," "proposal,' and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not de- barred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. March 10, 1994 Page 21 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dw Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, 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. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. RRRRR XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or coopera- tive agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. March 10, 1994 Page 22 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. March 10, 1994 Page 23 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 the U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "Hotline" to report such activities. The "hotline" is part of the DOTS continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. March 10, 1994 Page 24 of 24 Required Contract Provisions(FHWA-1273) FHWA 1273.dm LEE COUNTY SOUTHWEST FLORIDA (239) 533-8883 BOARD OF COUNTY COMMISSIONERS Bob Janes District One A.Brian Bigelow June 3, 2009 District Two BID NO.: B-09-18 Ray Judah District Three i Tammy Hall Diversified Drilling Corporation District Four Mr. Bill Musselwhite Frank Mann 5620 Lee Street District Five Lehigh Acres, FL 33971 Donald D.Stilwell County Manager SUBJECT: CORKSCREW WTP WELLSITE 38 David M.Owen County Attorney ENCLOSURE (1): Executed Copy of Construction Contract Diana M.Parker County Hearing ENCLOSURE (2): Original 5% Bid Bond Examiner ENCLOSURE (3): Recorded Public Performance Bond Dear Mr. Musselwhite: Enclosed please find your executed copy of the Contract for the project known as "Corkscrew WTP Wellsite 38." This letter will act as your Notice To Proceed effective June 3, 2009, pursuant to Article 5 of that certain Contract No. 4833 with Lee County. This contract number will also serve as your Purchase Order Number for this project and must be on all invoice statements. The project is to reach substantial completion within 120 calendar days and final completion within 150 calendar days from the effective date of June 3, 2009. Also enclosed is your original 5%Bid Bond and recorded Notice of Commencement and Public Performance & Payment Bond. Please post in a conspicuous location on the job sites. Sincerely, CONTRACTS MA�AGEMENT Cindy Logan Contract Manager cc: Kim Hoskins, Utilities Division, Project Manager Kris Miller Utilities Division, I son, Fiscal Contracts P rl Rnr AQR Fnrt pAvnrc Flnri.. i,roM.MOA ro,m GO2on 11 Internet address http:Uwww.lee-county.'com Ca)Recycled Paper AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER PART E LEE COUNTY CONSTRUCTION CONTRACT AGREEMENT FORM Contract No. Board Award Date: May 5 , 2009 AGREEMENT made as of the 5th day of May in year of 2009 BETWEEN the COUNTY: Board of County Commissioners, Lee County, Florida and the CONTRACTOR: check Appropriate Line: Diversified Drilling Corporation _Individual Mr. Bill Musselwhite Partnership 5620 Lee Street xx Incorporated in the Lehigh Acres , FL 33971 State of FL Name and Address in consideration of the mutual covenants herein set forth, agree as follows : ARTICLE 1. WORK The CONTRACTOR shall perform all the Work required by the Contract Documents: Scope of Work: Drill and construct a Surficial aquifer well and sandstone aquifer well on wellsite 38 and connect to existing raw water main on Corkscrew Rd. in full accordance with the drawings and as elaborated in the specifications. PROJECT NAME: B-09-18 CORKSCREW WTP WELLSITE 38 LOCATION: Lee County, Florida ARTICLE 2 . AMOUNT OF CONTRACT 2 .1 The COUNTY shall pay the CONTRACTOR in current funds for ve` : performance of the work, subject to additions and deductions by cha e Order as provided in the Contract Documents, the sum bf: (expressn c - words and numerals) THREE HUNDRED ONE THOUSAND FIVE HUNDRED SI:7[7Y ,-";ry { DOLLARS($301, 560.00) . ; oK CMo:006 (1 of 5) 09/25/01 E-1 CONSTRUCTION CONTRACT ARTICLE 3 . PROGRESS PAYMENTS Based upon Applications for payment submitted to the OWNER' S Representative by the CONTRACTOR, and certificates for Payment issued by the OWNER' S Representative, the COUNTY shall make progress payments on account of the Contract Price to the CONTRACTOR as provided in the contract Documents as follows : 3 . 1 Not later than fifteen (15) calendar days following the approval of an Application for payment, ninety percent (90Y.) of the portion of the Contract Price properly allocated to labor, materials and equipment incorporated in the work and ninety percent (90%) of the portion of the Contract Price properly allocated to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the application for payment, less the aggregate of previous payments made by the COUNTY. 3.1.1 At the discretion of the project manager, department director and final authorization by the Public works Director, once the project reaches 500/6 completion and the County is holding 5% of the total contract amount, no further retainage may be withheld from the subsequent monthly invoices, provided however, that the project is on schedule. At any time the project falls behind schedule, the County retains the exclusive right to revert back to the original contract terms , by withholding the full 10% retainagge, until the project is back on schedule or the project is completed. 3.2 Upon final completion of the work and acceptance of the project, a sum sufficient to increase the total payments to one hundred percent (100%) of the Contract Price, less such amounts as the COUNTY shall determine for all incomplete work, unsettled claims or unused units as provided in the Contract Documents . ARTICLE 4. CONTRACT DOCUMENTS This Contract entered into this date by the Lee County Board of County Commissioners and the CONTRACTOR. WITNESSETH that the parties hereto do mutually agree as follows: The CONTRACTOR shall furnish all labor, equipment, and materials and perform the work above described for the amount stated above in strict accordance with the General Conditions, Supplementary conditions, Plans and Specifications and other contract Documents, all of which are made a part hereof and enumerated as follows: 4.1 Lee County Request for Bids/Project Manual Titled: CORKSCREW wTP WELLSITE 38, DATED: MARCH, 2009 4. 1.1 Contractors Bid Proposal Dated April 8, 2009, ATTACHED AS EXHIBIT "A" 4. 2 Project Drawings consisting of the following sheets listed by title and date: SHEET NO. DESCRIPTION DATE 1 cover sheet March 2009 2 Key Map 6/11/08 3 General Notes 9/20/07 PP 25 Plan and Profile - wTP to corkscrew East Sta. 670+80 to sta. 681+60 6-11-08 36A well site 38 Details & sections 6-11-08 41 Lee county Details . 6-11-08 42 Standard DOT Details 6-11-08 44 Sandstone Aquifer wells wellhead and Pump Details 6-11-08 45 surficial Aquifer wells wellhead and Pump Details 6-11-09 1E1 Electrical symbols Legend Drawing index. General Electrical Notes March 2009 CMo:006 2 of 5) CONSTRUCTION CONTRACT ARTICLE 4. CONTRACT DOCUMENTS (Continued) SHEET N0. DESCRIPTION DATE 1E4 well site 38 Electrical Riser Diagram March 2009 2E1 overall Electrical site Plan March 2009 2E6 well site 38 Electrical site Plan March 2009 3E1 Typical wellsite Instrumentation, Grounding & Bonding Plan March 2009 4E4 well site 38 Pump Control Panel Details March 2009 4E6 Electrical Details March 2009 4E7 Generator, Instruments and Control Installation Details March 2009 4E9 wellsite, with Generator, Equipment standard Details March 2009 4E10 Remote Telemetry unit Details March 2009 4. 3 Public Payment and Performance Bond 4.4 certificate of Insurance 4. 5 Notice of Award 4.6 Addenda, Addendum #1; April 2 , 2009 4.7 Documentation submitted by the CONTRACTOR prior to the Notice of Award: 4.8 The following which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 5.6 and 5 . 7 of the General Conditions . ARTICLE 5 . TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5 . 1 work to be started on the date specified in the Official Notice to Proceed. 5 .2 substantial completion shall be achieved not later than the number of days specified in the Bid Proposal . 5 . 3 Final completion shall be achieved not later than the number of days specified in the Bid Proposal . Liquidated Damages: 5 .4 The COUNTY and CONTRACTOR recognize that time is of the essence of this agreement and that the COUNTY will suffer financial loss if the work is not completed within the times specified in 5.2 and 5. 3 above , plus any extensions thereof allowed by Change Order. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the COUNTY if the work is not completed on time. Accordingly, instead of requiring any such proof, COUNTY and CONTRACTOR agree that as Liquidated Damages for delay (but not as a penalty) the sum of $350.00 per day shall be deducted from monies due the CONTRACTOR or paid by the CONTRACTOR to the COUNTY for each calendar day that expires after the time specified for substantial Completion and the project fails to reach Substantial completion. The CONTRACTOR shall also be liable for any Actual Damages sustained by the . COUNTY due to the CONTRACTOR'S failure to fully complete the work by the time agreed upon for Final Completion in the Contract Documents. Actual Damages may include, but not be limited to: costs related to supervision, inspection, rentals, testing, consulting fees, or lost productivity. The COUNTY shall have the right to deduct all damages due from the final payment request as well as retainage. However, prior to deducting liquidated damages, the COUNTY shall give the CONTRACTOR seven (7) calendar days notice prior to submitting the adjusted amount due to the Clerk for payment. CMo:006(3 of 5) Rtv: 03%laj04 E-3 CONSTRUCTION CONTRACT ARTICLE 6. MISCELLANEOUS PROVISIONS 6.1 Final payments , constituting the entire unpaid balance of the contract Price shall be paid by the COUNTY to the CONTRACTOR when the work has been completed, the contract fully performed, and a final Certificate for Payment, form No. CM0:013, has been approved by the COUNTY. 6.2 Terms used in the Agreement which are defined in the General Conditions of the Contract (Part F) shall have the meaning designated in those conditions. 6. 3 The COUNTY and CONTRACTOR each binds himself, his partners , successors , assigns and legal representatives to the other party hereto, his partners, successors , assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents . 6.4 The CONTRACTOR shall not assign or transfer any of ,its rights, benefits, or obligations , except for transfer that result from transfer or consolidation with a third party, without the prior written approval of the COUNTY. The CONTRACTOR shall have the right to employ other persons and/or firms to serve as sub-contractors in connection with the requirements of the Contract Documents. 6. 5 The CONTRACTOR agrees through the signing of this agreement by an authorized party or agent that he shall hold harmless and defend the County of Lee and its agents and employees from all suits and action, including attorney's fees, and all cost of litigation and judgements of every name and description arising out of and incidental to the performance of this Contract Document or work performed thereunder, whether or not due to or caused by negligence of the COUNTY, excluding only the sole negligence of the COUNTY. This provision shall also pertain to any claims brought against the COUNTY by any employee of the CONTRACTOR, or sub-contractor(s) , or anyone directly or indirectly employed by any of them. The CONTRACTOR'S obligation under this provision shall not be limited in any way to the agreed upon Contract Price as shown in this agreement or the CONTRACTOR'S limit of or lack of . sufficient insurance protection. CMO:006(4 of 5) 09/25/01 E-4 CONSTRUCTION CONTRACT In witness whereof, COUNTY and CONTRACTOR have signed this a reement in duplicate. one counterpart has been retained by the Clerk of the Board of County Commissioners, and one to the CONTRACTOR. One copy each has been delivered to the Lee County Contracts Management, and the Project Sponsoring Department. All portions of the Contract Document have been signed or identified by COUNTY and CONTRACTOR, or by COUNTY'S CONSULTANT on their behalf. Signed, sealed, and delivered in the presence of: DIVERSIFIED DRILLING CORPORATION Shel Z. Oliver Se r tary (Cor a) of usine s) BY: ".'' - C,W. " ill" Musselwhite r Vice President (eorpprate- Seal) Title Date: 05/19/2009 BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA Ch6a- e, Green, _A n ATTEST: Clerk of the Board BY: r, L1pICl� Chairma BY: G} H,C L Deputy Cle.r < Date: 5 APPROVE AS TO F Y Assis t Count Attorney 0 CMO:006(5 of 5) 09/25/01 E-5 LEE COUNTY CONSTRUCTION CONTRACT PUBLIC PAYMENT AND PERFORMANCE BOND Bond # K08280058 1. Know all men by these presents, that Diversified Dril n Co oration 5620 Lee Street Lehi h Acres, FL 33971, Pone: 813 . 8 .1132 x 28, hereinafter re erre to as Lae CONTRACTOR, as Principal, and Westchester Fire Insurance Company ,a corporation, licensed to do business En--Me State of Florida, ereinafter called SURETY located at : 500 Colonial Center Parkway, Suite 200, Roswell, Georgia 30676 are held an ' rm y ound unto t e Lee County Boar o County Commissioners, P O Box 398, Fort Myers, FL 33901, (239) 533-8883, a' Political Subdivision of the State of Florida as "Owner-, in the full and just sum of THREE HUNDRED ONE THOUSAND FIVE HUNDRED SIXTY DOLLARS( 331 560.00) . law u money o -the United States o America, to the payment Of which sum, will and truly to be made, the CONTRACTOR and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and, severally, firmly by these presents. 2. WHEREAS, the CONTRACTOR 'has entered into a certain written Contract with the COUNTY as the OWNER, dated the Sth day of. M_y, 2009, for: Legal Description of project, SECTIONS 15, 16, 11-24 TOWNSHIP 46 S. , RMG3 26 E. , SECTION 19 TOWNSHIP 46 S. 27 E. or the project known as H-09-18 CORKSCREW WTP WELLSITE 38, with conditions and provisions as are further descr ed in the a orementioned Contract, which Contract is by .re£erence made a part hereof in its' entirety for the purpose of perfecting this bond. 3. NOW, THEREFORE, the conditions of this obligation are such that if CONTRACTOR shall fully, promptly and faithfully perform said Contract and all obligations thereunder, including all obligations impose3 the Contract Documents (which includes the Notice to Bidders, Instruction to Bidders, Bid Proposal Form, General and Supplementary Conditions, Detail Specifications, Forms) of Contract Bond(a) , Plans and Specifications, Change Orders, and such alterations thereof as may be made as provided for therein) , and shall promptly make payments to all claimants for any and all labor and materials used or reasonably required for use or furnished in connection with the performance of said Contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect. 3 .1 The undersigned shall indemnify and save harmless the OWNER from and against all costs, expenses and damages, including litigation costs and attorneys fees arising out of, or in connection with the neglect, default or want of care or skill, including patent infringement on the part of said CONTRACTOR, his agents, servants or employees in the execution or performance of said Contract with the OWNER. 3.2 The undersigned shall promptly make payment (B) to all persons supplying services, labor, material or supplies used directly or indirectly by said CONTRACTOR, or any SubContractor or Sub-SubContractor, in the prosecution of the work provided for in said Contract with the OWNER. CMO. 007 (1 of 3) REV: 03/16/ U@ . E-6 CON..TICUCTIUN CUN'TRAC1' PUBLIC PAYMENT AND PERFORMANCE BOND (CONtINUED) 3 .3 The undersigned agree to promptly pay to the OWNER any difference between the sum to which the CONTRACTOR would be entitled for the completion of the contract including any damages, direct, liquidated or delay, which the OWNER may sustain by reason of failure of the CONTRACTOR to properly and promptly perform and abide by all of the provisions of said Contract; and any sum which the OWNER may be or was obligated to pay for the completion of said Work by the CONTRACTOR. 3.4 The undersigned SURETY covenants and agrees that change orders, extensions of time, alterations or additions to the terms of the Contract or the Work to be performed thereunder, or the specifications accompanying the same shall in no way effect their obligation on this Bond, ..and the. SURETY. does hereby. .expressly waive notice :of any such changes, extensions of time, alterations or additions, so long as the fundamental nature of the work on the Project by the CONTRACTOR is not changed. 3 . 5 Subject to the OWNERS priority, claimants covered by Section 713 .01, Florida Statutes, shall have a direct right of action against the Principal and Surety under this obligation, after written notice is provided to the OWNER of the performance of labor or delivery of materials or. supplies, and non-payment thereof. Any claimant who seeks to recover against the Principal or Surety under this obligation must also satisfy the notice requirements and time limitations -of Section 255. 05, Florida Statutes, as they may be revised from time to time. 4 . 1 The CONTRACTOR and the SURETY shall hold the County harmless from any and all damages, expenses and cost, or lawsuits, which may arise by virtue of any defects in said work or materials within the period of one (1) year from the date of OWNER'S express acceptance of the project, providing, however, that upon completion of the Work, the amount of this bond shall be reduced to 0t of the Contract Price. 5 .1 This public payment and performance bond shall be governed by the laws, administrative rules, and regulations of the State of Florida. Any claims or suits instituted under this bond shall be governed solely by the laws of the State of Florida. SIGNED and sealed this, the 19th day of May , 2009 CONTRACTOR, As Principal: WITNESS Diversified Drilling COrporation Firm Name ; (SEAL)' ",nature signature Shelley Z. Oliver Corp Secretary John D. Lane CFO Type Name and Title Type N and Title WITN 4Se nature J Type Name and Title CM0: 007f1 of 31 REV: 03/16/04 E-7 CONSTRUCTION CONTRACT PUBLIC PAYMMIT AND PERFORMANCE BOND (CONTINUED) COUNTERSIGNED, as SURETY Attorney-In-Fact T t e -STATE OF ) COUNTY OF ) SS ._CITY OF j C. Scott Hull, FL License No. E159306 Name,. 500`Colonal Center Parkway Suite 200 'Address . Roswell, Georgia 30076 C1tt r,a e, Zi e PoW -o Attorney Signature BEFORE me, a Notary Public, duly commissioned, qualified and acting personally, appeared: C. Scott Hull to me well-known, who being by me first duly sworn upon oath says that he is Attorney-in-Fact for Westchester Fire Insurance Company , as Surety, and that he has been aut orize y said Surety to execute the foregoing- Public Payment and Performance Bond on behalf of the (CONTRACTOR) Principal named therein in favor of the OWNER: The foregoing instrument was signed and acknowledged before me this 19th day of May _ , 2009, by C. Scott Hull (Print or Type Name who has produced ' (Personally Known) Type of I ent cat on an Nu er as identif cc M_ �Q isSignature Traci L. 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III£I�ii £ /n ��£.d`f£e�i�'V,� �,II,��;�,��,V'''�"�`V.�•'`/ y: y�j A�j'���r.y���'�`� IIIIIiI .�Il. .�il/�A,��If.. �A IyAy.��.(�.�Ii �i I£ i,I{%Ij} I;II✓�IIII{ tlii'I(II{%(III!ooMimpMliiROMIl MERCER i-(i'-'''I�# 1}}i� i II�, E, I ::(III �'fll ii� yl �'lII -i�I'i ��l(�I, II li.1�I t%.l�ll(aiJl '%Illi IN�iah -�I i, I IIj, �f I I � Iil I� Il�r !!i i1 1 it t��.I I � I I: �, s I I � I, I .�li� ✓ f fi11 II , I , \`;`VA��I�'p.'.�..�' ,�,�A \�•cA j'���f ��j'r V��-i���i£��•`"Vim' V��•!AT too Ali IJUNDt IlI( III{ll, 't,�, ' ii(%LIII� �(!I%%��II %i� 111%�I1jI} iN { iil�li{�l�uffll( 41, �Ilj i�ll� �I�illl it I�y'111{I ^it" 'I� Yr ` 4lli��� f�� �f�%�� i l i t tistf j� lr��5 illt. l llf� l i11 II HORN WOOD I�I� (f,� \roost on' ��; ^�� }iA` `�w��"�� i�Ir�Il.i yv��il ��! ter; •� ��`� � {i ll�,�li,I� a ti A CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 05/14/2 0 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis AIR HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305192 , Nashville, TM 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Diversified Drilling Corporation INSURERA Hartford Accident a Indemnity ompany 22357-001 8801 MaFLlSn Drive Tampa, FL 33637 INSURERS:Hartford Insurance Company of the Midwest 37478-005 Tamp INSIIRERC:Hartford Casualty Insurance Company2 9424-001 NSURER D: NSURER I. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - INSR 00' POLICYEFFECTIVE POLICYEXPIRATION T TYPEOFINSURANCE POUCYNUMSER DATE MMIOD DATE IMMVOAyM LIMITS A % GENERAL LueILm 22UWOB9275 4/9/2009 4/9/2010 EACHOCCURRENCE $ 11000,000 COMMERCIALGENERALUABIUTY DAMAI RENTED $ OO CIAIMSMADE ®OCCUR FMEDEXP anep9,,, E 10,000 PERSONAL SAW INJURY E 1.000,000 GENERALAGGREGATE S 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 21000,000 POLICY JECT PRI LOG B AUTOMICBILELIABILMY 22UEVUD0584 4/9/2009 4/9/2010 COMBINEDSI4GLELIMIT E 1,DDQ,QQQ ANYAUTO (a accident) AILOWNEDAUT05 BODILY INJURY f SCHEDUIEDAUT05 (I'ef p�) HIREDAUTOS BODILYIN 3 NON-OWNED AUTOS (Percabennt)Q PROPERTYDAMAGE 3 (Peraokeol) GARAGEUABWTY AUTO ONLY-EAACCIDENT $ ANYAUTO OTHERTHAN EAACC E AUTOONLY: AGO S C EXCESSIUMBRELLAU IUTY 22RBVTB1871 4/9/2009 4/9/2010 EACH OCCURRENCE f 51000,000 OCCUR CLAIMS MADE AGGREGATE f 5.000,000 3 DEDUCTIBLE 3 RETENTION 3 3 WORKERS COMPENSATION T IMI S O - AND EMPLOYERS'LIABILITY V/p ANYPROPRIETORIPARTNERIEXECUTVEr E.LEACHACGOENT S O FICERRAEMBER E%CLUOE07 I_J ( andabry M NH) E.LDISEASE-EAEMPLOYEE 3 daacriee under P PR VI belt. E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATKINS/1.0CATIONS1V 1CLESIEXCLUSIONS ADDED BY ENDORSEMENTI SPECIALPROVINONS Be: Project - Corkscrew WTP Wellsite 38. Lee County, a political subdivision and Charter County of the State of Florida, it agents, employees and public officials are named as Additional Insureds as respects to General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION•aie data Ketiaa at cancanatden :or nee-P. c at Pramee SHOULDANY OF THE ABOVE DESCRIBED POLICIES ME CANCELLED BEFORE THE E%PNIATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL W03E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Lee County Board of County Commissioners Contracts Management TATWES. P.O. BOX 398 A THO RED EPRESENTAT Fort Myers, FL 33902-0398 w1i:27DDi73 iy1:31713o Ueri aLOD4Dttl V1VBtl-2009ACUHU CORPORATION.AN rights reserved. The ACCRD name and logo are registered marks of ACORD Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain'�policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ..�.�.��uis`u`aaio ij l.V i1:Li VVJ iv iyi:.)1ilYC I:eLC:1LD�4dLtl ACORD CERTIFICATE OF LIABILITY INSURANCE siiai2oo PRODUCER (863)646-3332 FAX: (863)646-5004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Advanced Comp ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2525 Drane Field Road, Ste. 3 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lakeland FL 33811 INSURERS AFFORDING COVERAGE NAIC p INSURED INSURER&Bridgefield Casualty Diversified Drilling Corp INSURERB: 8801 Maislin Drive INSURER C: MR 811 UR RER ER D: Tampa FL 33637 ME OVERAGES 'THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. �TE LIMITS SHOVffI HAVE BEE 4 REDUCED BY PAID CLAIIAS- INSR ADD- POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE(M&D(YYY DATE(UMMMM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMA E TO RENTED COMMERCIAL GENERAL LIABILITY p EM, at 1 CLAIMS MADE O OCCUR MED EXP An aw sears 1 PERSONAL V IN E GENERAL AGGREGATEE GEN'L AGGREGATE LIMIT APPLIES PER: MPf E POLICY F1 PRa LOC AUTOMOBILELIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ee aaident) E ALL OMED AUTOS BODILY INJURY E SCHEOU ED AUTOS (Per parson) HIRED AUTOS BODILY INJURY E NONONMED AUTOS (Par strident) PROPERTY DAMAGE S (Per ardl ) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1 ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG E EXCESSNMBRELLA LIABILITY EACHOCCURRENCE $ OCCURCLAMS MADE A $ S DEDUCTIBLE E RETENTION 1 A WORKERS COMPENSATION AND X TA -LIM OTH- EMPLAYOW LIABXJiY ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT 1 1.000,000 OFFICEWMEMeER EXCLUDED? 0196-00786 4/1/2009 4/1/2010 SPECIAL PROYISION E.LDI E- EMPL YES 1,000,000 Syek dewee under g E.L.DISEASE-POLICY LMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIDNSROCATONSIVEHICLESIEXCWSIONS ADDED BY ENDORSENIENTISPECIAL PROVISIONS Project Naas: B-09-18 Corkscrew NTP Welleite 38 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Lee County Board of County ComnlSsionera EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Contracts Management 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE BOLDER NAMED To THE LEFT,BUT PO BOX 398 Fort Myers, FL 33902-0398 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Fort -- -- _,. . .. :.. ..._ INSURER ITS AGENTS OR REPRESENTATIVES. ----- -- -- AUTHORIZED REPRESENTATIVE - Fielding Dickey/JODY ACORD 25(2001106) 0 ACORD CORPORATION 1988 SOLICITATION NO. B-09-18 PART D OFFICIAL BID FORM FOR CORKSCREW WTP WELLSITE 38 Bids are to be submitted in 'TRIPLICATE' by 3:00 P.M. Wednesday, April 8. 2009 to: LEE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS MANAGEMENT COMMUNITY DEVELOPMENT/PUBLIC WORKS CENTER 1500 MONROE STREET,4TH FL, FORT MYERS, FL 33901 or mail to: LEE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACTS MANAGEMENT Post Office Box 398 Foil Myers, FL 33902-0398 BID OPENING: CONTRACTS MANAGEMENT COMMUNITY DEVELOPMENT/PUBLIC WORKS CENTER . 1500 MONROE STREET, 4TH FL, CONFERENCE ROOM, FORT MYERS, FL 33901 Wednesday. April 8, 2009 3:00 P.M. LEE COUNTY BOARD OF COUNTY COMMISSIONERS LEE COUNTY, FLORIDA BIDDER: DIVERSIFIED DRILLING CORPORATION Individual or Firm Name fib:; CMO:003 (1 OF 4) 1/112008 D-1 y SOLICITATION NO. B-09-18 PART D OFFICIAL BID FORM DATE: Wednesday, April 8. 2009 TIME: :00 p.m, Contracts Management Board of County Commissioners P O Box 398 Ft Myers Florida 33902-0398 Gentlemen: 1. ATTENTION: BIDS WILL ONLY BE CONSIDERED FROM THOSE BIDDERS WHO HAVE OBTAINED THESE CONTRACT DOCUMENTS FROM THE COUNTY DIRECTLY OR VIA THE WEBISTE (www.lee-county.com/contracts). 2, The Undersigned, hereinafter called "BIDDER", having visited the site of the proposed project and having become familiar with the local conditions, nature and extent of the work, and having examined carefully the Agreement Form,General Conditions,Supplementary Conditions, Plans and Specifications and other-Contract Documents,and having fulfilled their requirements as well as the Bonding requirements herein,proposes to furnish all labor, materials, equipment and other items, facilities and services for the proper execution and completion of the: See Bid Schedule in D2a-D2c TY, in full accordance with the drawings and specifications prepared in accordance with your Advertisement for Bids, Instruction to Bidders, Construction Contract and all other documents related thereto on file with Lee County Contracts Management, and if awarded the contract, to complete the said work within the time limits specified for the following bid price: TOTAL LUMP SUM AMOUNT LWrittgn in *ordsTwo Hundred Sixty-Eight Thousand Nine Hundred Sixty Do ars **** ***** ** �($ 268,960.00 1 3. There is enclosed a Certified Check, Cashier's Check or Bid Bond(paper or electronic format) in the amount of SEVENTEEN THOUSAND FIVE HUNDRES DOLLARS ($17,500.00) payable to the Lee County Board of County Commissioners as a guarantee for the purpose set out in the Instruction to Bidders. 4. The BIDDER hereby agrees that: (a) The above proposal shall remain in full force and effect for a period of 90 calendar days after the time of the opening of this proposal and it shall not be'revoked, withdrawn or canceled within that time frame. Once the bidder has been notified that his bid has been awarded by the Board of County Commissioners, within the above time frame the price proposed as.submitted shall constitute the contract price which shall be executed within the time frames established by these documents. CMO:003 (2 of 4) 1/1/2008 D-2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0000 Uovi000000000000Lei V 0 0 0 0 •� O N O O v1 m 0 00 0 0 0 "t 0 0 a 0 0 0 0 a C .•-i � N '-t r` �O 0 0 10 O O •-. kq 0 0 'y C,4 MVli O .- .-i i .--i � N h .--i .--i to--. .-. M 6'3 \ 69 69 'IT .-+ It 69 69 69 69 65 69 69 6A 69 69 69 �D ,yq]� N 69 H Vi O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 0 0 U 0 0 0 0 0 0 0 C. 0 0 0 0 0 U C Cj 0 A •�' O O O •L" O N et on m It 0 0 d' 6'l O M C` a 0 0 0 a 0 64 69 69 69 69 .-. 0 0 69 69 1 69 69 69 Go% 69 69 69 p O p 00 qI � aa � a � wa ` xxxpCntd a, W C/] C p 'O Cd It IT en (71 It Iq Kt � u w w C� y c14 P ^ 411 o O z O o � 41 C) E: •O Y •' a O o v1 ° - v It *zj0 U41 CL x .� t•, o •ci r U � � � b a r oPW qq to U � > v o o xo Yea 0 � a D Y cc a U q O x o a. d .. D o o � Y v o x tc vow '0 '� :51 0 0 rI Z .-+ N M N M a.c�t Vl 1D t` tl0 T O .� N M �}' O O O t+ 0 0 0 0 O O O O O •--� .-. m "'T }may .—� •--� y., a N N N N N N N N N N N N N N Cl U N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u o 0 0 C. 0 0 0 0 0 0 0 0 0 0 coo 0 0 0 0 0 uovi000000 0 0 0o00oc0000 n o•4 O w O O O O. O v1 O 0 0 0 0 0 0 0 0 00 O vl �o a 0 00 w to ko O N to O •o Vn .-. N O O N O O N O, CN O •--i .--i 69 lzr �6 h .--i 69 fie V 69 M n 00 66-169 Vi 69 69 69 Ull 69 69 Hj 69 69 69 69 00 69 N 69 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 O' 0 0 0 O . 0 0 0 0 0 0 0 0 0 0 p O N o o kn N V o .+ � o .-. O C 0 G C 0 to O M O 6 ao O O N OCO � v9 °a a O N 69 69 69 Ni 69 69 64 69 v1 m 00 .�"'. C .r .-. 69 69 69 69 6s 69 p N en 00 cd O M a. .. 0 F ,ti ino0o 00� o o ,_, 00 .,..., ,moo orn `d' V '� 00 w z a � N o ° y A y 0 3 U o N O C, o s N d O A H O o rn ° I-- l) M ,� •p cev 8brw c� � N � � cnN 0 o v M Z .-i (y en IS kn �o [, 00 m O .--i N M d' to �O l� 00 O� O {.� O G O O O O O O .-+ .-. .-� .-. ... .-. . .-� ,-• N y i.r M M M m M m M M en M M M M M M M M M M Cl N /N QI N O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 O O O G O C O V O C •L. O O V O O = O N O 00 O O 00 ct O A, b O a0 O O DD V n O N O O N O b ' •. 00 N 00 O6cn4 V! 6M9 69 69 6M9 69 6N9 Vj Vj 6s 69 Vi V% Sb9 6cj9 609 E-F y 0 0 0 0 0 OJ O O 4) S S S S 0 0 S u o 0 0 o c o o u o 0 o c c d •(" O S b O OD b O 'L S b O O b b •c 000 a b N 7 O .� 0 0 69 69 69 04 N W N vs ;t: Vf 0 O G C .•n y N tn b v, w W � o a H b b . a rN Nv v 00 .. � oo W N U ON �Con ° M M 4�+ .. CO)ci p ? txc 0 a C � o '0 0 , 4 I a o b w 3 drL .r � di ¢ S �+ V a � b H u .. P H C) P, 1 o o .0 o �y FF .0 o y qFE- o Ipi y o c c o d 0 0 0 0 � vvvvvvvv av0„� � �, � � z � W CIS A, Mcl a f (b) In the event the award is made to this BIDDER,the BIDDER will enter into a formal written agreement with the COUNTY in accordance with the accepted bid,will execute the contract contained within these documents,and provide a Public Payment and Performance Bond from a Surety in good standing with the Florida Department of State who is licensed to do business in Florida and acceptable to the OWNER. The Public Payment and Performance Bond shall be in the amount of one hundred percent (100%) of the accepted bid. The BIDDER shall, within seven (7)calendar days of the Notice of Award,submit the required Certificates of Insurance. The BIDDER further agrees that in the event of the BIDDER'S default of breach of any of the agreements of this proposal, the bid deposit shall be forfeited. 5. Acknowledgment is hereby made of receipt of the following Addenda issued during the bidding period. Addendum No. 1 Dated 04 02 OAddendum No. NL Dated Addendum No.N/A Dated Addendum No.II/ADated 6. If awarded this construction contract,the BIDDER agrees to complete the work covered by this contract as follows: (a) Substantially complete in 120 consecutive calendar days from date of Official Notice to Proceed. (b) Final completion in 150 consecutive calendar days from the date of Official Notice to Proceed. (c) Both the COUNTY and CONTRACTOR recognize that the liquidated damages reflect a good faith estimate and that the injury to COUNTY which could result from a failure of CONTRACTOR to complete on schedule is uncertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the CONTRACTOR. 7. Neither the undersigned nor any other person,firm or corporation named herein, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this proposal by the COUNTY, also that no head of any department or employee therein,or any officer of Lee County, Florida is directly interested therein. This proposal is genuine and not collusive or a sham;the person,firm or corporation named herein has not colluded,conspired,connived or agreed directly or indirectly with any bidder or person,firm or corporation,to put in a sham proposal,or that such other person,firm or corporation, shall refrain from bidding,and has not in any manner,directly or indirectly, sought by agreement orcollusion,or communication or conference with any person, firm or corporation, to fix the unit prices of said proposal or proposals of any other bidder,orto secure any advantage against the COUNTY or any person, firm or corporation interested in the proposed contract; all statements contained in the proposal or proposals described above are true; and further, neither the undersigned, nor the person, firm or corporation named herein, has directly or indirectly submitted said proposal or the contents thereto, to any association or to any member or agent thereof. CMO:003 (3 of 4) REV: 1/1/2008 vro 8. The below signed BIDDER agrees to comply with all applicable provisions as set forth in the ra; Anti-Discrimination requirements included as part of the General Conditions of this documents. w' The BIDDER further agrees to hold harmless, defend and indemnify the COUNTY and its agents for any losses including attorneys fees, incurred as a result of its failure to abide by the applicable Anti-Discrimination laws. CBC 1253245 CUC 1224190 C.W. "Bill" Musselwhite WWC 111.91 , (Name of License Holder) (State Certificate No.) Acct #! 0400181 WL 1121 (Occupational No.) (Lee County Competency No.) (specify jurisdiction) OB 42075 (State Registration No.) In witness whereof,the BIDDER has hereunto set his signature and affixed hiss Ithis 7th dayof April A.D., 2009. a FT EAL) ore ary By: Printed ; By: Signature C.W. "'Bill" Musselwhite TITLE: Vice " pa;8 nt" milk DIVERSIFIEb DRILLING CORPORATION C.W. "Bill" Musselwhite Company Name Contact Person 8801 Maislin Drive bmusselwhite@wellwater.com Mailing Address E-mail of Contact Person Tampa, FL 33637 (813) 988-1132 x 228 City,State, and Zip Phone Number (813) 985-6636 Fax Number 022"'' CM0:003 (4 of 4) 1/1/2008 U-4 —SOLICITATION NO, B-09-18 BID BOND Complete EITHER Section 1, Lee County PaperBid Bond, OR Section 2, Lee County Electronic Sid-Bond Section 1 -Lee County Paper Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Diversified Drilling Corporation as Principal, and ame -Wes the er Fire Insurance a Corporation licensed to do uretys ame business unifier the laws of the State of Florida as a Suretyy are held and firmlyy bound unto LEE COUNTY BOARD OF COUNTY COMMISSIONER$ LEE COUNTY FLORIDA a 1011tical Subdivision or me State ot Florida, in the SUM OF SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS f$17 5o0 oo) for the payment whereof, well'and truly to be made, we bind ourselves, our heirs, successors, personal representatives and assigns,jointly and severally, firmly, by these presents. SIGNED AND SEALED this 8th day of— April 2009 WHEREAS, said Principal Is herewith submitting a Proposal for the construction of: CORKSCREW WTP WELLSITE 38 NOW, THEREFORE, the condition of the above obligation is such that if said Principal shall be awarded the Contract upon said Proposal within the specified time and shall enter Into a written Contract, satisfactory in form, provide an acceptable Public Payment & Performance Bond from a Surety acceptable to the COUNTY and provide other Insurance as may be required to the COUNTY within seven(7)calendar days after the written Notice of Award date or within such extended period as the COUNTY may grant, then this obliation shall be null and void; otherwise said Principal and Surety shall pay to said C08NTY in money the difference between the amount of the Bid of said Principal and the . amount for which said COUNTY may legallyy contract w#kanother party to perform said work, if the latter amount be in excess of the former, together with any expenses and reasonable attorney's fees incurred by said COUNTY if suit be brought hereon but in no event shall said Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. For purposes of unsuccessful bid protests filed by the Principal herein,,this' obligation shall bind the Surety to pay costs and damages associated with the bTd'pprotest' or delays to the project upon a finding from the Board of County Commissioners tor,Lee County that the bid protest was frivolous and/or lacked merit. The liability ¢f the;Siirmy shall not exceed the penal sum of the bid bond. s, W s as to Principal: Di as as to Sur Westchester Fire Insur ame > y" y- tomey-In- ac C Scott Hull, Attorney ln- Affix Corporate Seals and"attach proper Power of Attorney for Surety, Florin, FAcense,6 . E159306 CMO:001 1/1/2008 D-5a ;lrlr�l#l#s: % II°, i{€ ! 1G!lt F+Iii✓ql �i} [Iii[ �il'-'r.O�' �t{{;�ll;t�ii�;(r11C(�li!" ,r %�i!((�filr!i[ �t � >�k �\; r{�`i,,. �}I!I( �. .1 (`j(/ •.(./: �F_..f :;�: '\�.{` >fI '3i. 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CAI ;�.'.: r�Att:�1 .'}Y w . �..� tr \['r V � �}✓ \ "�.'\ . ad I li,r Illoam #���M /ihll ✓ 3j �l+Lcilll4 rill) rw <II r' I r#},IL/�t�. rW[II r It{{,�' rll r Jf �. ''r'VArr �./ A I�/IA ,,. r v/�/-'tip' '•�•?'Vv`A` � \A\, `tiA� VAv. >.`tiV� ,l ! llll,.!i ! {'r("! :��Ir fi,i% flll%1+11 +1!! fII [€,. I�:11'%l'lV %`h�l ,11; ,;l ,! Ill % IEi �IhE !.1 11II (rA�`.�v``�,ttea`-•I}VV�S "AAsO TOi ! ,a� ,s r'r I '-1j,ll/'{ (.rrl'llf, I } /il[!I1111�'''l l(1 'ill .rrl !',. llil/l /! r •# `%r >AA #`.;# `�'.i t' ri,f�tis've�:�I �lrv,�f/'•'y�:/-�AL/•v�! ��€ �i�,•!!t%I �tr, ,fl ti..;,i 'rr.� l!,l %�+�}t��„r ;�i��4�€��f��' tf� 4\li� ��•V•\/ .� t9�t91{`�1.�������,l w�A1 •�,.�f ({\itl�/ v.A��-tj'w✓i\a v i Pay� VV�h`��f yrFl ."t$ .''\\�,,. \�a::ll \.r�[lll%`�{l i~^'`I�~\.� {\?`.r?Il`�FI�'J`I i`ti+✓i[ 1 \~ {\i>/!i\/rlEE~ �`\` ����ti\.. II"\\ .'why\ \�•• `ti STATE OF FLORIDA WATER 1NELL CONTRACTOR LICENSE ; Issued to CHARLES W. MUSSELWFWrE Llcen,e No. 114,91 .ERl)$1 s 7/31/2009 D73TK� .RTICT CERTIFICATION OFFICER County / City of Harco/ State •Lee County Well Contractor License Well Drilling C9nCYa LiG Issued To:CHARLES MUSSELWHITE WELL DRILLINq-'STATg L6TIFIED Cart Nbr:23271 Exp:7/3312b08;8t&tus:ACTIVE Well License N: WL 1121 State Nbr:11191 EXPi7/7%j$008 _..a.. =gx.t. •t CHARLES WILLLI� i P.O. BOX 29069 �x+' # # ,�t a E.YAW4 TANPA ;St4 •L .' 87- Hydrogeologist/Ground Water Unit Manager/Natural Resources Div. State of Fla Water Welt Contractor Uc 11036 Signed: Expiration Date-628/2009 AC# 3937449 STATE OF FLORIDA AC# 3938193 STATE FLORIDA DEPARTMENT OF BUSINESS AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION .PROFESSIONAL REGULATION CBC1253245 08/22/08 088040568 CUC1224190 08/22/08 088040579 CERTIFIED BUILDING CONTRACTOR CERT UNDERGROUND & EXCAV CNTRMUSSELWHITE, CHARLES WILLIAM DIVERSIFIED DRILLINCHARLESG CORPORWILLIAATION DIVERSIFIED DRILLING CORPORATION DIVERSIFIED DRILLING CORPORATION - IS CERTIFIED under the proriai LO of ch.489 8a IS CERTIFIED order the provinioaa of ch.489 Ts aryiraeim mc.. AUG 31, 2010 L08082200793 aapiraetoa oats. AUG 31, 2010 L08082201537 AC# 3.247381 ,STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L07060400680 ' • LICENSE NBR 0B 04�.2U07 Ofi8193593 OB42075 The.°BU_SINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2009 (THIS .IS`NOT A LICENSE TO PERFORM WORK. THIS ALLOWS COMPANY .TO DO- BUSINESS ONLY IF IT HAS A QUALIFIER.) DIVERSIFIED DRILLING CORPORATION 5620- LEE ST LEHIGH ACRES FL 33971 CHARLIE CRIST, HOLLY BENSON GOVERNOR _DISPLAY AS PF01 IIPPn aY I AiA/ SECRETARY 2008-2009 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES 9-30-2009 FoLlo No. FAG ORMACHINES Rom SEATS 0 1 0 1 0 24 RENEWAL 7208.0000 OCC.CODE BUSINESS TYPE H'WASTE T^x 0 0 igSURCHARGE 280.000 PUBLIC � VI EL RIL � � 150.00 '.. BUSINESS 8801 MAISLIN DR LOCATION TAMPA 33637 I NAME DIVERSIFIED DRILLING CORP - NIAIUNG 8801 MAISLIN DR - ADDRESS TAMPA FL 33637-0699 r r. I i BUSINESS TAX RECEIPT DOUG BELDEN,TAX COLLECTOR PAID-37231 -85 HASNEREerPADAPamrEeer"Toeuwoe 813-636-5200 - 10/03/2008 150.00 w euswesS.PROFessaN.oROCCUPATKNS IFEO HE CN. THIS BECOMES A TAX RECEIPT WHEN VAUDATEO. =arl K. Wood, Tax Collector Local Business Tax Receipt Orange Couxity, Florid his local business tax receipt is in addition to and not In lieu of any other tax required by law or munldpal ordinance.Businesses are subject to regulation ojioning,health and oth'.. awful authorities-This receipt is valid from October 1 through Septembei 50 of receipt year.Delinquent penalty is added October 1. "*ORIGINAL" 2008 EXPIRES 9/3012009 3100-0521219 3100 WATER WELL CONTRACTOR- $40.Oo. 18 EMPLOYEES; , t I-', •.,� ' RSON STUART PRESIDENT TOTAL TAX $40 00 PREVIOUSLY PAID 844 Do•. 1 . TOTAL DUE '0 DRILLING CORPISUORIVE v PA FL�,33637-006 1031 CROWN PARLCCR',� C-W INTER WARDEI*3r1787 } PAID: $40.DG 98.412862 9/25/2000 .. This receipt i s t I official when validated by the Tax Collector. P E.irE;Bill 4 FOCAL HlJSINr=8s TAB FIECFIPT 4 ' ACCOUItr%NUI ISM 04 i ' ACG°C)URITEXF?IIR£5SEAfiE>iIIBEFE O xQO Mayenpepes..bl the business of :1-OG 9J1:' *TEP WELL.CQWRi.1CT©R LEHI.GHACI3ES EL'8S9Tt THIS LOCAL BUSINESS TAX:RECEIPT IS'NDN gEGLILAR�RY' DIVERSIFIED,Df31LUNG CORP MUSSELWHITECHAFILE$INJIJ-IA.M THIS IS NOT•A BILL DO N.OT PAY'' 56,u LEE GTR7,L1' LF.HIGO ACRE$EL$3971 I PAID 246504:12-1 - 081.20= ff 08:56 Atvt:, i SOLICITATION NO.: B-0 - 8 ®�,� LEE COUNTY BOARD OF COUNTY COMMISSIONERS ' CONTRACTS MANAGEMENT . ,, BIDDER SUBMITTAL CHECKLIST I} IS CHECKLIST IS MERELY A GUIDE TO ASSIST THE BIDDER IN PREPARING A COMPLETED BID SUBMITTAL 0 R T A Please read carefully and follow each item. . ' Ple a check off each of the following items as- the necessary action is Completed: official Bid Form, pg. D-1, insert firm name at the bottom of the page _:/ 2, official Bid Form, pg. 0-2, insert Base Bid Lump sum or Not-TO-exceed bid amount and any Alternates (if required) . official Bid Form, Bid schedules & Disk (if applicable), have been properly / completed, unit price extensions and totals have been checked for accuracy 4. official aid Form, pg. D-3, all addenda issued, if any, have been acknowledged. *If a replacement proposal bid form or bid schedule page was issued with any addenda, replacement page is used for submitting a bid r/ S. official Bid Form, pg. D-3, substantial and final completion days inserted (if required) ___.�//6. official Bid Form, pg. D-4, has been properly signed with the corporate seal (if applicable). Attested to by the secretary % age D-4 all licenses (if applicable) have been inserted 10 / Vage 0-4 company name, address, contact person and phone numbers inserted 7. Bid Bond/cashier's check/certified check have been submitted with the bid in the amount indicated Bid Bond properly signed with the corporate seal by both the Bidder and the Surety company Any other submittals required in Part B, Legal Notice to Bidders, 3, submittal of Bids. 9. Erasures or other changes made to the bid have been initialed by the person si n�,� 'in e bid �1 %�� a6 0. ontra t s Qualification Questionnaire properly completed, signed and notarized ' (or can be submitted within 7 calendar days after the bid opening) ✓11. Schedule D, DBE Participation form completed and signed or good faith / documentation ✓Y All required documents submitted in "Triplicate" (1 original and 2 copies) =13. aid properly sealed in an envelope and marked "Sealed Bid", bidders name; project name; solicitation number; date and time of opening 4_14. If submitting a "No BID" please write a brief reason for the no bid �L VI/ 5. Proof of a "Good Faith Effort" in attempting to obtain DEE'S for this project. (if subcontractors will be used and no DBE's are listed on Schedule D.) /� signed and notarized Affidavit certification immigration Laws. :: 7. Local Bidder Preference Affidavit (if applicable) _18. other: 'tL.. iDiluiDa n_F SCHEDULE D DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION NOTE This form must be signed by the person who will sign, or has signed the Bid Form. This form will become a part of the contract documents. DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE WIMINORITY 01WOMEN ❑(CHECKAPPR0PRGrEDES/GHAT)0l4: DESCRIPTION OF WORK: Survey SUBCONTRACTOR'S NAME: TKW Consulting Engineers EST. DOLLAR VALUE OF PROPOSED WORK: $2,480.00 DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE WIMINORITY ❑!WOMEN ❑ICHECKAPP" ATEDEMGNAnUt: DESCRIPTION OF WORK: Sod, Fill Material SUBCONTRACTOR'S NAME: Ameri Tech, Inc EST. DOLLAR VALUE OF PROPOSED WORK: $5,00 0_00 DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE E3/MINORITY❑/WOMEN ❑(p CKAPPAOPPATEDESKiNAnOM: DESCRIPTIONOFWORK: Misc Supply Materials SUBCONTRACTOR'S NAME: Elite Contractor Supply EST. DOLLAR VALUE OF PROPOSED WORK: $1 ,350.00 DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE ❑/MINORITY❑ANOMEN❑(CHECKAPPBO1VIAM0EM&An0M: DESCRIPTION OF WORK: N/A SUBCONTRACTOR'S NAME: N/A EST. DOLLAR VALUE OF PROPOSED WORK: TOTAL VALUE OF ALL DBE/MINORITYANOMEN SUBCONTRACT WORK: ESTIMATED TOTAL PERCENT(%)TO BE UTILIZED: 3% C.W. "Bill" Musselwhit . V 04/07/2009 CONTRACTOR NAME SIGNA U DATE f\`�TNF V.t+ CMO:005 09/25/01 D-13 AFFIDAVIT CERTIFICATION H, tttj IMMIGRATION LAWS SOLICITATION NO.: B-09-18 PROJECT NAME: Corkscrew wmp wei3gitp 18 LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS, CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C. SECTION 1324 a(e) SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT CINA"). LEE COUNTY SHALL CONSIDER THE EMPLOYMENT BY ANY CONTRACTOR OF UNAUTHORIZED ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT BY LEE COUNTY. BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE j IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT AMENDMENTS). o any Name: DIV RSIFIED DRILLING CORPORATION C.W. "Bill" Musselwhite Sign ture itle Date 4/07/2009 STATE OF FLORIDA COUNTY OF HiHi 1 1 sborough The foregoing instrument was signed and acknowledged before me this 7th day of April , 2Q0.2, by c w "ni i i ,, Mnaapl •hi 1 who has produced (Print or Type Name) No a asidentification.as he is personnally known to me. e of ldenti ' tion and Numb a Public nature Shelley Zeranski Oliver tlNp,llYVAIWf/OUY� Printed Name of Notary Public ' s rycsni.evx..+w�.m>t DD 867811 eanMNWIM�iIf Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit .to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT TO REQUEST SUPPORTING DOCUMENTATION AS EVIDENCE OF SERVICES PROVIDED, AT ANY TIME. CMO:100:01/23/07 D-14 Mvk ILEE COUNTY SOUTHWEST FLORIDA Lee County Ordinance No. 08-26 Local Bidder's Preference AFFIDAVIT PRINCIPAL PLACE OF BUSINESS Principal place of business is located within the boundaries of Lee XXX County. Company Name: DIVERS F D DRILLING CORPORATION 04 07 2009 Sign re C.W. "Bill" Date Musselwhite, Vice President STATE OF FLORIDA COUNTY OF Hi l l shorn rah The foregoing instrument was signed and acknowledged before me this 7th day of April , 20 O9• by C.W. "sill" Musselwhite who has produced (Print or Type Name) no =Identificatiod.as he is personnallykhown to me.' Ty of Identifi ' n and Number) ublic rar re >pW!~�9YaNi001lYlIh 1MMY •WN MRMIM waw..aw»+rr>t.tMs Sh 11 ski Oliver move"M1 Printed Name of Notary Public IMIM Do 867811 / 04-0342013 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. ,/EECOONTYRESERVES THE RIGHT TO REOUEST SIIPPORTING DOCUMENTATION AS EVIDENCE OFSERVI E PROVIDED.ATANYTIME. -- _ D-15 LEE COUNTY PROPOSAL REQUEST PROPOSALREQUESTNO, CONTRACT/PROJECT NAME: CONTRACTOR: PROJECT NO. CONTRACT NO. BID NO.: CHANGE REQUESTED BY: DATE OF REQUEST Please submit an itemized bid for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED HEREIN. Description: (Written description of the Work) i Attachments: (List attached documents that support description) CONTRACTOR: BY: CMO:009 09/25/01 E-11 .... ..•.L..4..6Jo�Ou u.:owJo- o Gw..,,. -'..ewaie ooiP..STc 7�JPvonn�u�co i.00c-nma LEE COUNTY CONSTRUCTION CONTRACT FIELD CHANGE ORDER - No. Project No.: Bid No.: Contract No.: Date: ContractlProject Name: Request By: It is hereby requested, agreed, and authorized that the following field change(s) in the work required by the contract documents be made: Description of the change: Indicate drawings and/or specification affected by this change: CONDITIONS TO THIS CHANGE ORDER: It is hereby understood and agreed that the above described field change will not involve: (A) any change in the Contract Price, or (B) any change in the Contract Completion Time, or (C) any change that would be inconsistent with the scope of the Contract Documents. NOTE If this change affects prior approvals for permits granted by any agency, written documentation of that agency's approval of the change is required prior to commencing this change. CONTRACTOR ACCEPTANCE By: Contractor's Business Name By: Signature Date Title CONSULTANT'S RECOMMENDATION (if applicable) By: By: (Print Name of Consultant) Signature Date COUNTY APPROVAL AND AUTHORIZATION By: By: Print Name Department Director or e • ( ) p Signature Date Desi nated Pro 9 Project Manager 9_ 1 Copies to: Contractor(Top Copy) Project Consultant Project Sponsoring Department Contracts Management E-12 CMO:o10 9125/01 S:\PROJECTS\BIDSVSIDS-2009\B-09-18 Corkscrew WTP Wellsile 38\PARTE-I2-FIELD CHANGE ORDER.doc-rlma LEE COUNTY CONSTRUCTION CONTRACT FIELD DIRECTIVE CHANGE NO.: Project No.: Bid No.: Contract No.: Contract/Project Name: Contractor: Request By: Date of Request: 1. Directive: The COUNTY hereby directs and authorizes the following change(s) in the work required by the contract documents be made and the CONTRACTOR is hereby directed to proceed promptly. In the event that as a result of the CONTRACTOR accepting this Field Directive Change, there are determined to be change(s) in the Contract(1) scope, (2) cost, or (3) time. Subsequent to the CONTRACTOR finalizing the change(s) in the work required, and upon receipt and acceptance by the COUNTY of a written and documented claim by the CONTRACTOR, such changes shall be incorporated in a Change Order which is subject to approval by the COUNTY and the CONTRACTOR. 2. Description of the change(s): 3. Purpose or Intent of Field directive Change: 4. Attachments: (List documents supporting change) 5. Not-to-exceed limits applicable to this Field Directive Change: Unless specifically authorized by the COUNTY by a written amendment to this Feld Directive Change, the CONTRACTOR shall not exceed the following limits: A. Estimated not-to-exceed increase (decrease) in the contract price: B.Estimated not-to-exceed increase (decrease) in completion time in calendar days: 6. Claim(s) resulting from Field Directive Change In the event that, as a result of the CONTRACTOR providing or performing the change(s) in the required construction work as set forth in this Field Directive Change, the CONTRACTOR determines that consideration should be given to (1) changing the contract scope, (2) increasing the CONTRACTOR's compensation, or(3) increasing the contract time; the CONTRACTOR shall in accordance with the provisions of Articles 11, 12 and 13 of the Contract Document, submit a written claim to the COUNTY requesting that a Change Order be executed incorporating changes in the (1) contract scope, (2) CONTRACTOR compensation, or (3) contract time as appropriate. Such a claim shall include documentation to support the claim. It is understood and agreed by the COUNTY in authorizing and by the CONTRACTOR in accepting this Field Directive Change that the following methods shall be used as the basis for considering the issuance of a contract Change Order or.any CONTRACTOR claim arising out of this Feld Directive Change: A. Method of Determining Change in Contract Price: B. Method of Determining Change in Contract Time: ❑ Time and Materials ❑ Contractor's Records ❑ Unit Prices ❑ Consultant's Records ❑ Cost plus fixed fee ❑ Other ❑ Other CMO:012 09/25/01 Sheet f of 2 r:IPROJECTSS81DS81DS.2WgT&W18Co,ksa WTPW.RsileWARTE�t3514-FIELD DIRECTIVE CH GEAoc.:I:na FIELD DIRECTIVE CHANGE NO.: (continued) 7. ACCEPTANCE: COUNTY AUTHORIZATION By By Printed Narpe Signature Title/Position Date CONTRACTOR AUTHORIZATION By Contractor's Business Name By Print Name By Signature Witness Title/Position Date Corporate Seal(Affix if applicable,if not enter'None" Copies Distributed to: ❑ Contractor (Signed Original) ❑ Director Project Sponsoring Department (Signed Original) ❑ Project Manager ❑ Consultant (if applicable) ❑ Contracts Management CMO:012 9/25/01 Sheet 2 of 2 SAPROJECTS010M010S-20091E-0B-IS Coksaew WTP WaSile MPARTE-IM14-FIELD DIRECTIVE CHANG Ed rlma LEE COUNTY CONSTRUCTION CONTRACT CHANGE ORDER No.: (A Change Order requires approval by the Department Director for expenditures under$50,000,approval by the County Manger for expenditures between$50,000.01 and$100,000,or approval by the Board of County Commissioners for expenditures over$100,000). CONTRACT/PROJECT NAME: CONTRACTOR: PROJECT NO.: CONTRACT NO.: BID NO.: CHANGE REQUESTED BY: DATE OF REQUEST: Upon the completion and execution of this Change Order by both parties to the Contract the Contractor is authorized to and shall proceed to make the following changes in the Contract Documents: Of you need space other than what has been provided,please attach additional shoals.) Description: Purpose of Change Order: P 9 Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time $ Calendar Days Previous Change Order No. to No. Net Change from previous Change Orders $ Calendar Days Contract Price prior to this Change Order Contract Time prior to this Change Order $ Calendar Days Net Increase (Decrease) of this Change Order Net Increase (Decrease)of this Change Order $ Calendar Days Contract Price will all approved Change Orders Contract Time with all approved Change Orders $ Calendar Days It is understood and agreed that the acceptance of this modification by the CONTRACTOR constitutes an accord and satisfaction, and represents payment in full (both time and money) for all costs arising out of, or incidental to, the above mentioned change. RECOMMENDED: ACCEPTED COUNTY APPROVAL: By: By: By: Consultant(B applicable) Date Contractor Department Director(Under$50,000) By: Date Accepted: Date Approved: Department Director Date By. Contracts Management (CORPORATE SEAL) County Administration (Under$10Q0 00 APPROVED: Date Approved: County Attorney's Office Date By: Chair Board of County Commissioners (Over$100,000) Date Approved: UVIV:V 11 3/l9l"2UV6 E-15 LEE COUNTY CONSTRUCTION CONTRACT ESTIMATE AND REQUISITION FOR PAYMENT Date: Bid No.: Contract No.: Project No.: Estimate No.:_([]Partial ❑Final)for Period to Project Name: Requisition to be paid from funds of Fund No.: PAYEE: Contractor's Name: INSTRUCTIONS Mailing Address: Please prepare original to be sent to City&State ZIP CODE the Clerk of the Court Finance Office by the Department for partial Deliver Warrant: Special Instructions- If Other than Mail payment and to County Attorneys Office for final payment. Warrant will be mailed to Contractor's mailing address given, unless special instructions are provided to the immediate left of these instructions. Attach a list of names and addresses of all Sub-Contractors, materialmen,or suppliers that are to be paid from this requisition. CONTRACTUAL FINANCIAL DATA Date of Original Contract:_ Total Amount of Original Contract $ PLUS: Change Order# dated $ Change Order# dated $ Change Order# dated $ Change Order# dated $ Change Order# dated $ Change Order# dated $ Total Change Orders ADDING to cost of Contract. .. . . . . . .. . . . . . . . . ... . . . .. $ LESS: Change Order# dated $ Change Order# dated $ . Change Order# dated $ Change Order# dated $ Change Order# dated $ Change Order# dated $ Total Change Orders SUBTRACTING from cost of Contract . . . . . . . . . .. . . . . . . $ Less Total Unit Price Amount Not Used Per Final Field Measurements . . . . .. . . . . . . . . $ TOTAL OF ABOVE $ SPECIAL NOTE: Any change orders which affect the contract riot previously transmitted to the County Finance Office or to Contracts Mgmt must be properly executed and attached to this form before payment will be made. Total Completed this Requisition $ Retainage $ Total Complete to Date(Column F, Sheet 3) . . . . .. . . . . . . . . . ... . . . . . . . . .. . . . . . .. $ Retainage % (Percent required in Contract Documents) ... . . . . . . . . . . .. . .... . . $ Total Earned Less Retainage .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $ Less Prior Payments Made. . . . . . . . . . . . . . . . . .. . . . . . . .. . . ... . . . .. . . . . . . . . . $ Less Liquidated Damages. . . . . . . .. .. . . . . . . . . . . . . . . . . . ... . . . ... . . . . . . . . . . . . $ Amount of this Requisition . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . $ Total Amount Paid to DBEs from above . . . . . . . . . . . . . . . . . . . . . . . $ . Sheet No. 1 of 3 CMU:013 t-16 09/25/01 LEE COUNTY CONSTRUCTION CONTRACT PROGRESS PAYMENT CERTIFICATION Project Name: Bid No.: Contract No.: Estimate No.: Project No.: Requisition Date: Period From: To: I do hereby certify that all items and amounts shown in this Estimate and Requisition for Payment are correct and that all work has been performed,and materials delivered. I further certify that all Sub-Contractors,materialmen or suppliers listed to be paid from this requisition will be paid prior to any future payment request for this particular project. Accordingly, I hereby certify the amount of$ to the Lee County Board of County Commissioners for a progress payment. Signed: Contractor Date: CORPORATE SEAL STATE OF COUNTY OF The foregoing instrument was signed and acknowledged before me this day of 2002, by (Print or Type Name) 1 Who has produced As identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration I do hereby certify that to the best of my knowledge and belief, all items and documents shown in this Estimate and Requisition for Payment are correct and that all work has been performed In accordance with'the requirements of the Contract Documents. Accordingly,1 hereby ceriity the amount of S_to the Lee County Board of County Commissioners for progress payment. Signed: Signed: Owner's Rep.Preparing Estimate Department/Division Director Date: Date: Alternate No. 1 Sheet No.2 of 3 E-17 WROJECTSRDSBIDS.200MS-0&18 C01kSCT VVTP W0sft 381PARTE-17-PROGRESS PAYMENT CERT($HT 2 CF 3).tl c,kna LEE COUNTY CONSTRUCTION CONTRACT FINAL PAYMENT CERTIFICATION AND CONTRACTORS AFFIDAVIT Project Name: Bid No.: Contract No.: Estimate No.: Project No.: Requisition Date: Period From: To: I do hereby certify that all items and amounts shown in the requisition for payment are correct and all work has been performed and materials delivered. This waiver and release of lien is conditioned upon payment of the consideration specified herein. It is not effective until said payment is received I further,certify that the consideration received in exchange for this final waiver and release of lien, when received is designated by the Contractor to be applied to the payment of subcontractors,materialmen,and suppliers who have furnished such services, labor, materials and supplies for which this request for payment Is being made. The effect of this release is to quit claim In favor of the Owner,all rights that presently exist or may hereafter accrue to any subcontractor, laborer, supplier, materialman or the undersigned to assert a lien on this project by virtue of any law regarding the rights of a contractor, subcontractor, laborer, supplier or materialman which they may have to assert a Gen or claim against the project. For warranty and guarantee start date, it is understood and agreed that the date of the final completion of the Work shall apply unless otherwise provided in the Certificate of substantial completion at which time the County initiates occupancy or utilizes the Work or designated portion thereof for the use for which it is intended,which ever is first. Signed: Contractor Date: CORPORATE SEAL STATE OF COUNTY OF The foregoing Instrument was signed and acknowledged before me this day of 2002, by (Print or Type Name) who has produced as identification. (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration I do hereby certify that to the best of my knowledge and belief, all items and amounts shown In this Estimate and Requisition for Payment are correct and that all work has been performed in accordance with the requirements of the Contract Documents. Accordingly,I hereby certify the amount of$_to the Lee County Board of County Commissioners for final payment Substantial Completion Date: Final Completion Date: Signed: Signed: Owners Rep. Preparing Estimate Department/Division Director Date: Date: APPROVAL RECOMMENDED By: County Attorneys Office Date: Alternate No.2 Sheet No.2 of 3 E-1 S CM0:013 nor��rni S\PROJECTS\BICS\BIDS-2ooTe-o9-09 Corkscrew wTP Wakile 3e\PARTEC&FINAL PAYMENT CERT(SHT 2 OF 3).d.-rb. f I - 1 w W LL O JFw � > LLFQ - WW CL OOOZ�i 0 U o Q �U a O J 3 0 000a3E ° > Z ZZZ cd E o � 0 a g m DLL w OZ m 15cYda) ov pW w Eo _:c •• ° w ICE cr UwCL meCDwU) 0a� � a c CL 00 Ol I I L -1 I- = O U W o U w Y Q (� CCo cc co ¢ O z a cis >ip 0 Z 0o 0 w O ZLL dOZa I- W O f 0 O U o 0 U — r a co� m O CO o 'o J w Z w Z O a :) i O ¢ :° W > 0 = w U) Z Q w +° Q > Lu O Q c H �z w aEi wo J U) — W W to m z ¢ w CL y ~ (is Z (D D CL ILL m O Z m 0 Mo a ¢O U ¢ � U y Cl) w N N E as o Z o i � co T CC o cao < III Q a n 'I' Imol 11 I I I I I I I I I I I I lrl U 0 H LEE COUNTY CONSTRUCTION CONTRACT CERTIFICATE OF SUBSTANTIAL COMPLETION Project No.: Bid No.: Contract No.: Contract/Project Name(s): This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: A Certificate of Occupancy or Compliance has been issued by the Authority having jurisdiction and the Work to which this Certificate of Substantial Completion applies has,been inspected by authorized representatives of OWNER and the CONTRACTOR and that Work is hereby declared to be substantially complete in accordance with the Contract Documents. Date of Substantial Completion The following Punch List items to be completed or corrected may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the work in accordance with the Contract Documents. The items in this list shall be completed or corrected by the CONTRACTOR within days of the above date of Substantial Completion. PUNCH LIST: (Each item must be numbered) Additional sheets may be added if necessary. Each such additional sheet shall be numbered and noted herein: CMO:014(1 of 2) 09/25/01 E-20 &WROJECTS\BIDSIBIDS-20a91B041 a Corkwrew WTPWel6ile Wa PAPTE¢0L21-CERT OF SUB CONIPLEPDN.E rime LEE COUNTY CONSTRUCTION CONTRACT CERTIFICATE OF SUBSTANTIAL COMPLETION Project No.: Bid No.: Contract No.: Contract/Project Name(s): The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Project inspector Date Name Executed by OWNER'S REP. On CONTRACTOR accepts this Certificate of Substantial Completion on Date: Date: OWNER'S REPRESENTATIVE (Print) CONTRACTOR (Print) By By Signature Signature COUNTY accepts this Certificate of Substantial Completion on Date: DIVISION DIRECTOR. (Print) By Signature cc: Project Manager Lee County Sponsoring Dept. CONTRACTOR Contracts Management CM0:014 (2 of 2) 09/25/01 E-21 SAPROJECTSBIDSBIDS-2009 494 8 Corkscrew WTP WOMB MPARTE 20d21-CERT OF SUB COMPLETION.doc-rlma WARRANTY The undersigned parties do hereby warranty and/or guarantee all work executed by the Contractor. . Name and Address of Contractor Project Title To be free from defects of materials and workmanship for a period of one year from (Date of Substantial/Final Completion) The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty Guaranty. It is furthermore understood that the consideration for the giving of this warranty and/or guaranty is the requirement by the general conditions and specifications under which the contract was let that Such warranty and/or guaranty would be given. DATE CONTRACTOR By Corporate Seal Attest CMO:015 09/25/01 C-22 S9PROJECTST..QMBIOS-WOMB O9-18 Corkscrew WTP WMlsile 38TARTE-Y-WARRANTY.dm fta LEE COUNTY BOARD OF COUNTY COMMISSIONERS OWNER'S REPRESENTATIVE CERTIFICATE OF FINAL COMPLETION EFFECTIVE DATE: CONSULTANT (if Applicable): PROJECT NAME: PROJECT NUMBER: CONTRACT NUMBER: CONTRACTOR: COUNTY PROJECT MANAGER: This is a formal certification that based on observation of the Owner's Representative the above contractor has completed all work for the above project in conformance with the plans, specifications and provisions established by the Contract Documents. 1 recommend that the work be accepted by the Lee County Board of County Commissioners. SIGNED: Owners Representative DATED: cc: Project Manager Lee County Sponsoring Department CONTRACTOR Contracts Management CMO:016 09/25/01 I:�GJ SIPROJECTMIRIOS\BIOS-2009\B-09.10Corkscrewl TPSVellaite 30\PARTE-23-CERT OF FINAL COMPLETION,dor.rlma LEE COUNTY BOARD OF COUNTY COMMISSIONERS DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION CERTIFICATION Project No.: Bid No.: Contract No.: Contract/Project Name(s): This is a formal certif!cation that the below list of Disadvantaged Business Enterprise Sub- Contractor(s) and amounts were utilized on the O O above project. DBE SUB-CONTRACTOR SUB-CONTRACTOR AMT AMOUNT PAID Signed: Contractor Date: cc: Project Manager Contracts Management CMO:017 E-24 lltl/'1C/!li CONTRACTOR PERFORMANCE EVALUATION Contractor Name: Project Manager: Phone: Project Name: Number: County Proj . Mgr: Bid No. : Notice to Proceed Date: Completion Date: SECTION I MANAGEMENT AND ORGANIZATION OF MAE WORK '' A. Effectiveness of supervision in scheduling the work, organizing construction operations and providing quality control . B. Negotiation of contract modifications, project recordkeeping and project documentation. C. working relationship with department personnel responsible for administration of the contract requirements and inspection of the work. SECTION I TOTAL O SECTION I AVERAGE SECTION II WORK PERFORMANCE A. Prosecution of the work. B. work effort and product quality control . C. Scheduling and controlling of construction activities to minimize the impact on traffic through the construction zone, access to adjacent property and protection of the general public. D. Sufficiency of appropriate equipment to prevent downtime and safe production of a quality product. E. Compliance with E. E.O. , labor, training and on-site safety. F. interface with utility companies in adjusting, relocating or installing facilities concurrent with construction. G. Final completion of the project. SECTION II TOTAL SECTION II AVERAGE CM0:018 09/25/01 C-LJ CONTRACTOR PERFORMANCE EVALUATION RATING SCALE 0 - Completely Insufficient - uncorrected or uncorrectable problems 1 - 2 - Poor - Problems and errors resulting in excessive effort, delay or actual damages to County or others; - some effort made to remedy 3 - problems with active participation by County 4 - Below Expectations - Minor but consistent problems° usually corrected after identification 5 - 6 - Acceptable - May encounter rare problems which are quickly remedied 7 - 8 - Above Expectations - Consistently problem free, complete and of 9 high quality - 10 - outstanding - Excellent performance with service often above that specifically defined PROJECT MANAGER'S REMARKS SUPPORTING GRADES (Attach Additional Remarks) submitted Project Manager Date CONTRACTOR'S COMMENTS (Attach Additional Remarks) submitted Contractor Signature Date Approved Department/Division Director Date cc: Contracts Management CMo:018 09/25/01 P;10P 2 of 7 C-40 SOLICITATION NO, B-09-18 BID BOND Complete EITHER Section 1, Lee County Paper Bid Bond, OR Section 2, Lee County Electronic BiTBond Section 1 - Lee County Paper Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Diversified Drilling Corporation as Principal, and ame Westchester Fire Insurance Company a Corporation licensed to do ure sName) business under the laws of the State of Florida as a Surety are held and firmly.:bound unto LEE COUNTY BOARD OF COUNTY COMMISSIONERS LEE COUNTY FLORIDA a o Jbca ub 7vislon of the State of n a, in the SUM OF SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17 500 00) for the payment whereof, well and truly to be made, we bind ourselves, our heirs, successors, personal representatives and assigns, jointly and severally, firmly, by these presents. SIGNED AND SEALED this 8th day of April 2009 WHEREAS, said Principal is herewith submitting a Proposal for the construction of: CORKSCREW WTP WELLSITE 38 NOW, THEREFORE, the condition of the above obligation is such that if said Principal shall be awarded the Contract upon said Proposal within the specified time and shall enter into a written Contract, satisfactory in form, provide an acceptable Public Payment & Performance Bond from a Surety acceptable to the COUNTY and provide other Insurance as may be required to the COUNTY within seven(7)calendar days afterthe written Notice of Award date or within such extended period as the COUNTY may grant, then this obligation shall be null and void; otherwise said Principal and Surety shall pay to said COUNTY in money the difference between the amount of the Bid of said Principal and the amount for which said COUNTY may legally contract with another party to perform said work, if the latter amount be in excess of the former, together with any expenses and reasonable attorney's fees incurred by said COUNTY if suit be brought hereon, but in no event shall said Surety's liability exceed the penal sum hereof plus such expenses and attorney's fees. For purposes of unsuccessful bid protests filed by the Principal herein,this obligation shall bind the Surety to pay costs and damages associated with the bid protest or delays to the project upon a finding from the Board of County Commissioners for,Lee County that the bid protest was frivolous and/or lacked merit. The liability of the Surety shall not exceed the penal sum of the bid bond. ; W'I'Lno.4ks as to Principal: Dive ified Drilling CO ° CO 0 i ss as to Sur Westchester Fire Insur SE ame i y- orney-in act, C Scott Hull, Attorney-In-Fact . ' Affix Corporate Seals and attach proper Power of Attorney for Surety. Florida'License Ldo. E159306 CMO:001 1/1/2008 D-5a `? fAllTk' :. i A« €�t4. 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A � \'�1� THE BACK OF THIS DOCUMENT LISTS VARIOUS SECU R I'fY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERAT OPI. a I NOTICE OF COMMENCEMENT INSTR#2009000147124,Pages 2 1 Doc Type NOC, Recorded 0529=09 at 02:07 PM, Charlie Green,Lee County Clerk of Circuit Court Rec.Fee$18.50 Deputy Clerk WILLER #1 TO WHOM IT MAY CONCERN: THE UNDERSIGNED HEREBY INFORMS YOU THAT IMPROVEMENTS WILL BE MADE TO CERTAIN REAL PROPERTY, AND IN ACCORDANCE WITH CHAPTER 713 . 13 OF THE FLORIDA STATUTES , THE FOLLOWING INFORMATION IS STATED IN THIS NOTICE OF COMMENCEMENT. DESCRIPTION OF THE PROPERTY: B-09-18 LOCAL N CORKSCREW WTP WELLSITE 38 Charleston Park; SECTIONS 15 16 21-24 TOWNSHIP 46 S . RANGE 26 E. SECTION 19 TOWNSHIP 46 s 27 E. GENERAL DESCRIPTION OF IMPROVEMENTS : Provides a contractor to Drill and construct a surficial aquifer well and sandstone aquifer well on wellsite 38 and connect to existing raw water main on corkscrew Rd . OWNER - LEE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ADDRESS - P.O. BOX 398, LEE COUNTY COURTHOUSE, FORT MYERS, FLORIDA OWNER' S INTEREST IN SITE OF THE IMPROVEMENT - SOLE OWNER AND THE FEE SIMPLE TITLE HOLDER NAME AND ADDRESS OF THE CONTRACTOR: Diversified Drilling Corporation , 5620 Lee Street , Lehigh Acres . FL 33971, Phone: 813. 988 .1132 x 228 NAME AND ADDRESS OF THE SURETY ON THE PAYMENT BOND, IF ANY: Westchester Fire Insurance Company, 500 Colonial Center Parkway, Suite 200, Roswell , Georiga 30076 AMOUNT OF BOND: THREE HUNDRED ONE THOUSAND FIVE HUNDRED SIXTY DOLLARS($301, 560.00) NAME AND ADDRESS OF PERSON WITHIN THE STATE OF FLORIDA DESIGNED BY OWNER UPON WHOM NOTICES OR OTHER DOCUMENTS MAY BE SERVED AS PROVIDED IN CHAPTER 713 .13 , FLORIDA STATUTES : NAME - LEE COUNTY CONTRACTS MANAGEMENT ADDRESS - P.O. BOX 398, FORT MYERS, FL 339 LEE COUN Y HE BOARD OF COUNTY COMMISSIO S WNER Cindy Loga on racts Manager Contracts Management STATE OF Florida COUNTY OF Lee The foregoing instrument was signed and acknowledged before me this 29th day of May, 2009, by Cindy Logan (Print or Type Name) who has nriaduced Personally Known as identification . (Type of Identification and Number) Notary P �Iicgnature ` \`�N11111111111 q SHA F.. W 31114'f.�,`�q''/G,� Printed Name of Notary Public t% #DD392651 :Q` DtZ�,�a�QKt lad 9 $ �• �1+dk1F'Q� il 1 Notary Commission Number/Expiration LEE COUNTY CONSTRUCTION CONTRACT INSTR#2009000147125,Pages 4 l Doc Type BND,Recorded 05129l2009 at 02:07 PM, PUBLIC PXi'MENT AND PERFORMANCE BOND Charlie Green,Lee County clerk of Circuit Court Rec.Fee$35.50 Bond # K08280058 Deputy Clerk JMILLER 1 #2 1. Know all men b these 1 y presents, that Diversified Dril in Cor oration 5120 Lee Street, Lehi h Acres, FL 33971, P one: 813 .988 .1I32 x 228, ereina ter re erred to as t e CONTRACTOR, as Principal, an Westchester Fire Insurance Company ,a corporation, icense to CLO DusIness in the State of Florida, ereinafter called SURETY located at : 500 Colonial Center Parkway, Suite 200, Roswell, Georgia 30676 are held and firmly boujid unto the Lee County Board o County Commissioners, P O Box 398, Fort Myers, FL 33901, (239) 533-8883, at Political Subdivision of the State of Florida as "Owner", in the full and just sum of THREE HUNDRED ONE THOUSAND FIVE HUNDRED SIXTY DOLLARS ($301, 560.00) . law u money o the United States of America, to the payment of which sum, will and truly to be made, the CONTRACTOR and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors and assigns, jointly and. severally, firmly by these presents. 2. WHEREAS, the CONTRACTOR has entered into a certain written Contract with the COUNTY as the OWNER, dated the 5th day of, May, 2009, for: Legal Description of project, SECTIONS 15, 16, 21-24, TOWNSHIP 46 S. , RANGE 26 S. , SECTION 19 TOWNSHIP 46 S. , 27 E. for the project known as B-09-18 CORKSCREW WTP WELLSITE 38, with conditions and provisions as are further described in the aforementioned Contract, which Contract is by reference made a part hereof in its' entirety for the purpose of perfecting this bond. 3. NOW, THEREFORE, the conditions of this obligation are such that if CONTRACTOR shall fully, promptly and faithfully perform said Contract and all obligations thereunder, including all obligations imposed by the Contract Documents (which includes the Notice to Bidders, Instruction to Bidders, Bid Proposal Form, General and Supplementary Conditions, Detail Specifications, Form(s) of Contract Bond(s) , Plans and Specifications, Change Orders, and such alterations thereof as may be made as provided for therein) , and shall promptly make payments to all claimants for any and all labor and materials used or reasonably required for use or furnished in connection with the performance of said Contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect. 3.1 The undersigned shall indemnify and save harmless the OWNER from and against all costs, expenses and damages, including litigation costs and attorneys fees arising out of, or in connection with the neglect, default or want of care or skill, including patent infringement on the part of said CONTRACTOR, his agents, servants or employees in the execution or performance of said Contract with the OWNER. 3 .2 The undersigned shall promptly make payment(s) to all persons supplying services, labor, material or supplies used directly or indirectly by said CONTRACTOR, or any SubContractor or Sub-SubContractor, in the prosecution of the work provided for in said Contract with the OWNER. CMO: 007 (1 of 3) REV: 03/18/04 r;-6 C,'UN8TXUC1'2UN CUN'1RACT PUBLIC PAYMENT AND PERFORMANCE BOND (CONTINUED) 3 .3 The undersigned agree to promptly pay to the OWNER any difference between the sum to which the CONTRACTOR would be entitled for the completion of the contract including any damages, direct, liquidated or delay, which the OWNER may sustain by reason of failure of the CONTRACTOR to properly and promptly perform and abide by all of the provisions of said Contract; and any sum which the OWNER may be or was obligated to pay for the completion of said Work by the CONTRACTOR. 3 .4 The undersigned SURETY covenants and agrees that change orders, extensions of time, alterations or additions to the terms of the Contract or the Work to be performed thereunder, or the specifications accompanying the same shall in no way effect their obligation on this Bond, .. and the. SURETY. does _hereby .expressly waive notice of any such changes, extensions of time, alterations or additions, so1long as the fundamental nature of the work on the Project by the CONTRACTOR is not changed. 3 . 5 Subject to the OWNER'S priority, claimants covered by Section 713 .01, Florida Statutes, shall have a direct right of action against the Principal and Surety under this obligation, after written notice is provided to the OWNER of the performance of labor or delivery of materials or, supplies, and non-payment thereof. Any claimant who seeks to recover against the Principal or Surety under this obligation must also satisfy the notice requirements and time limitations of Section 255 . 05, Florida Statutes, as they may be revised from time to time. 4 . 1 The CONTRACTOR and the SURETY shall hold the County harmless from any and all damages, expenses and cost, or lawsuits, which may arise by virtue of any defects in said work or materials within the period of one (1) year from the date of OWNER' S express acceptance of the project, providing, however, that upon completion of the Work, the amount of this bond shall be reduced to Ok of the Contract Price. 5.1 This public payment and performance bond shall be governed by the laws, administrative rules, and regulations of the State of Florida. Any claims or suits instituted under this bond shall be governed solely by the laws of the State of Florida. ' SIGNED and sealed this, the 19th day of May 2009 , CONTRACTOR, As Principal : WITNESS Diversified Drilling COrporation Firm Name gnature signature r , ,' 3.•� g Shelley Z. Oliver, Corp. SecretaryJohn D. Lane CFO Type Name an T tle Type Name and Tit WITH S: Se S gnature Jnl i e Frame rk Type Name and Title CMO: 007 (1 of 3) REV: 03/18/04 E-7 CONSTRUCTION CONTRACT PUBLIC PAYMENT AND PERFORMANCE BOND (CONTINUED) COUNTERSIGNED, as SURETY Attorney-In-Fact Title STATE OF ) XOUNTY OF ) SS *,fFL License No. E159306 r $ b 1 Center Parkway S"t 4M o , x 30076 w•' Cl eAY'.s�Zi e Po -o -Attorney Signature BEFORE me, a Notary Public, duly commissioned, qualified and acting personally, appeared: C. Scott Hull to me well-known, who being by me first. duly sworn upon oath says that he is Attorney-in-Fact for Westchester Fire Insurance Company , as Surety, and that he has been authorize by said Surety to execute the foregoing' Public Payment and Performance Bond on behalf of the (CONTRACTOR) Principal named therein in favor of the OWNER. The foregoing instrument was signed and acknowledged before me this 19th day of May , 2009, by C. Scott Hull (Print or Type Name) who has produced (Personally Known) Type of Identification and Number) as. dentif'c tion. E'at+W on PVLIRgnature <Traa L. ' e� TV, print d-jJa' f Notary P is 'F nary; sezon Number/Expiration rMt CM0: 007 (3 of 3) REV: 03/18/04 E-6 u,f R � r.,a� � � sz:T �'s .;n I ,�.� p .r.' I s '#�•• + •�'j°a rd '�.,y�£ �^ 11 � f �(�E �y',=✓✓�t ����£�� ''fii��� /',�6 1� *i ��kr r'"� q' i" } ,,y 7�!'-M ��,.ti�. f �.'+`.. ��T���v �`'.•'M`* S �n`-"`��:G`^. €-�"�;/.. na'.ti.'a 1 z t ,;�,^9 -,.�,w�,a,.r'. 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"k�,. { yea ✓, q`}Y,.y Y'gh13rt3"5`t:+ai-Ytr f``'a.nly a; ? zr }'� SY~ , .t J}N i� ".. F�ab2ii L '., Al1f:::, `�,w:¢ ;« .#P.',�.�L.ttu.::. .C��,'• .�f,C°`-`.yT""ti�;C.;:."dt.c.�`;t.�::"•'`awe . �.�.-� ns<-"* G te•'.. _ �S �J s "� THE BACK OFTHIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT'NILL PROTECT AGAINST COP!COUNTERFEIT AND ACT-RATION.