ADVERTISEMENT FOR BIDS

HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS

ENGINEER’S PROJECT NUMBER L231205HAM

HAMILTON COUNTY WILL RECEIVE BIDS FOR THE FOLLOWING:

CDBG-CV Restroom Improvements Phase I

Non-Mandatory Pre Bid Meeting: Wednesday, June 24, 2026, 10:00am Hamilton County Commission Meeting Room 207 NE First Street Jasper, FL 32052

Date of Advertisement: Wednesday, June 17, 2026

Deadline for Questions: Friday, July 10, 2026

5:00 PM, LOCAL TIME

Date & Time for Receiving Bids: Monday, July 20, 2026

2:00 PM, LOCAL TIME

Late bids will not be considered.

Place for Receiving Bids: Hamilton County Clerk’s Office 207 NE First Street Jasper, FL 32052

Date & Time for Bid Opening: Monday, July 20, 2026, 2:00 PM

Place for Opening Bids: Hamilton County Commission Meeting Room 207 NE First Street Jasper, FL 32052

Bid Documents Available From: North Florida Professional Services, Inc.

NFPS website at https://www.nfps.net/bid-opportunities/

(386) 752-4675 FAX (386) 752-4674

Contact : Debbie Motes (dmotes@nfps.net) Bidders using partial sets of Documents are fully responsible for any errors or omissions made due to not reviewing the complete set of Construction Documents.

Project Description: The Hamilton County Board of County Commissioners (County) is seeking a qualified Contractor for improvements at four sites. The project will include sanitation improvements and the installation of solid surface materials to ensure durability and aesthetic enhancement. All work must comply with Americans with Disabilities Act (ADA) standards to ensure accessibility and usability for all individuals.

MBE/WBE/DBE SECTION 3: Firms are encouraged to submit bids. The awarded contractor shall be required to submit documentation of good faith efforts to utilize

MBE/WBE/DBE SECTION 3 firms, and plan to employ, where applicable, eligible section 3 residents for the proposed project.

HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS

https://www.nfps.net/bid-opportunities/ mailto:dmotes@nfps.net

CDBG CV

RESTROOM IMPROVEMENTS PHASE I

HAMILTON COUNTY, FLORIDA

BID PACKAGE

NOTICE TO CONTRACTORS

CDBG-CV RESTROOM IMPROVEMENTS PHASE I

PROJECT NO. L231205HAM

Notice is hereby given that sealed bids will be received at the Hamilton County Clerk’s Office until 2:00 P.M. on Monday, July 20, 2026. This office is located at 207 NE First Street, Jasper, Florida 32052, for The County Invitation to Bid. Bids delivered to any other location will not be considered received by the County. Any bids received after the above time will not be accepted under any circumstances. Any uncertainty regarding the time will be resolved against the Bidder. Bids will not be accepted via fax or electronic media. The Bid opening will occur at 2:00 PM on Monday, July 20, 2026, in the Hamilton County Commission meeting room, located at 207 NE First Street, Jasper, FL 32052.

The bidders must submit a bid for the projects as described below.

This project consists of restroom improvements at four (4) locations in Hamilton County. Work includes the removal and replacement of nine (9) urinals with touchless controls, twenty-four

(24) toilets with touchless controls, six (6) touchless flush valves, twenty-one (21) sinks with touchless faucets, fifteen (15) touchless soap dispensers, fifteen (15) touchless paper towel dispensers, twenty-six (26) plastic bathroom stall partitions, approximately 200 SF of slip resistant epoxy flooring, two (2) dual level touchless drinking water fountains with bottle fill, five

(5) new sets of bleachers, 250 SY of concrete to support the bleachers, approximately 627 LF of 8’ wide ADA compliant sidewalk, 100 SY of asphalt for new ADA parking, and one (1) new bathroom buildings.

Vendor/Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of;

1. all persons employed by the Vendor/Contractor during the term of the Contract to perform employment duties within Florida; and

2. all persons, including subcontractors, assigned by the Vendor/Contractor to perform work pursuant to the contract with the County.

The Bid Forms and Construction specifications may be obtained from the Design Engineer’s website at http://nfps.net/bid-opportunities. All questions must be submitted in writing to the Engineer’s office prior to the deadline for receiving questions. Please contact Debbie Motes at 386-752-4675 or dmotes@nfps.net. Deadline for questions regarding specifications and/or bid documents must be received before 5:00 PM on Friday, July 10, 2026.

The successful bidder will be required to furnish a 5% bid bond with bid submittal, and if selected, furnish the Clerk’s office with a payment and performance bond and proof of liability insurance prior to commencing work.

Hamilton County reserves the right to reject any or all bids, to add to the contract or delete from the contract to stay within their funding capabilities and award the contract in the best interest of the County.

Hamilton County

Chairman, Board of County Commissioners http://nfps.net/bid-opportunities mailto:dmotes@nfps.net

BID FORM

BID PROPOSAL

The undersigned, as bidder, hereby declares that he has examined the contract documents and informed himself fully regarding all conditions pertaining to the work to be done; that he has examined the specifications for the work and other contract documents relative thereto; and that he has satisfied himself relative to the work to be performed.

The bidder agrees, if this bid is accepted, to contract with the Hamilton County Board of County Commissioners to furnish everything necessary to complete the work covered by this bid and other contract documents for the Hamilton County Board of County Commissioners. The Contractor assumes full responsibility for all quantities used in his/her bid. The contractor shall coordinate his construction with all proposed utilities on the site.

Note: Contractors shall be in compliance with Chapter 489, Florida Statutes, licensure requirements. Florida construction industries licensing board certification.

(name of holder) (certificate no.)

In witness whereof, the bidder has hereunto set his signature and affixed his seal this _________ day of

_________________, A.D. 2026.

(seal)

By: _______________________

Title: _____________________

Type or print name of firm: ______________________________________________

Address: _________________________________________________________________

Contact Person: _________________________ Telephone No.: __________________

Fax No.: ________________________

SUBMITTED BY: ______________________________________________________________________

BID FORM

Arena Complex - 165 Robin Ave, Jasper, FL 32052

Includes all items in the listed in the scope of services

Football / Soccer Complex - 4525 SW 107th Ave, Jasper, FL 32052

Baseball Complex - 4525 SW 107th Ave, Jasper, FL 32052

4 Courthouse Annex - 1153 US Hwy 41 NW

TOTAL BID

ANY AND ALL ADDENDUMS SHALL BE INCLUDED AS AN ADDENDUM

ACKNOWLEDGEMENT AS PART OF THE BID.

Bid Total for

ADDENDA

NUMBER DATE SENT

GENERAL PROVISIONS

GENERAL:

The bid for this project consists of but not limited to:

Restroom improvements at four (4) locations in Hamilton County. Work includes the removal and replacement of nine (9) urinals with touchless controls, twenty-four (24) toilets with touchless controls, six (6) touchless flush valves, twenty-one (21) sinks with touchless faucets, fifteen (15) touchless soap dispensers, fifteen (15) touchless paper towel dispensers, twenty-six

(26) plastic bathroom stall partitions, approximately 200 SF of slip resistant epoxy flooring, two

(2) dual level touchless drinking water fountains with bottle fill, five (5) new sets of bleachers, 250 SY of concrete to support the bleachers, approximately 627 LF of 8’ wide ADA compliant sidewalk, 100 SY of asphalt for new ADA parking, and one (1) new bathroom buildings.

The Hamilton County Board of County Commissioners (County) is seeking a qualified Contractor for improvements at four sites. The project will include sanitation improvements and the installation of solid surface materials to ensure durability and aesthetic enhancement. All work must comply with Americans with Disabilities Act (ADA) standards to ensure accessibility and usability for all individuals.

The project includes the removal and replacement of nine (9) urinals with touchless controls, twenty-four (24) toilets with touchless controls, six (6) touchless flush valves, twenty-one (21) sinks with touchless faucets, fifteen (15) touchless soap dispensers, fifteen (15) touchless paper towel dispensers, twenty-six (26) plastic bathroom stall partitions, approximately 200 SF of slip resistant epoxy flooring, two (2) dual level touchless drinking water fountains with bottle fill, five

(5) new sets of bleachers, 250 SY of concrete to support the bleachers, approximately 627 LF of 8’ wide ADA compliant sidewalk, 100 SY of asphalt for new ADA parking, and one (1) new bathroom building. A detailed scope of services is included on the following page.

To minimize disruption, work should be sequenced and phased in such a way that ensures at least one bathroom always remains fully operational.

NON-MANDATORY PRE-BID MEETING

A non-mandatory Pre-Bid meeting will be held Wednesday, June 24, 2026. All sites are open to the public to allow interested contractors to take measurements and ask clarifying questions. All questions raised at this non-mandatory Pre-Bid meeting are to be submitted in writing.

Meeting Location: Hamilton County Commission Meeting Room

207 NE First Street Jasper, FL 32052

Meeting Date Wednesday, June 24, 2026 Meeting Time: 10:00 AM

SCOPE OF SERVICES

The following descriptions outline the specific areas where the Contractor will perform the removal and replacement of bathroom fixtures and accessories, installation of new stall partitions, drinking water fountains, and flooring. The footage noted are only estimates. Bidders will be responsible for their own measurements and must submit a firm price accordingly.

All upgraded restroom fixtures shall include touchless controls. All new restroom accessories shall include touchless controls. Walls shall be repaired and painted if damaged during construction.

Site 1 - Arena Complex, 165 Robin Ave, Jasper, FL 32052 Men’s Restroom (Public Area)

• Upgrade fixtures including; two (2) urinals, three (3) toilets, two (2) sinks, two (2) soap dispensers, and two (2) paper towel dispensers

• Remove partitions and install new plastic stall partitions and accessories

Women’s Restroom (Public Area)

• Upgrade fixtures including; four (4) toilets, two (2) sinks, two (2) soap dispensers, and two (2) paper towel dispensers

• Remove partitions and install new plastic stall partitions and accessories

Grounds (Public Area)

• 400 LF of 8’ wide sidewalks for ADA

Site 2 - Football/Soccer Complex, 4525 SW 107th Ave, Jasper, FL 32052 Men’s Restroom (Public Area)

• Upgrade fixtures including; One (1) toilet, one (1) urinal, one (1) sink, one (1) soap dispenser, and one (1) paper towel dispenser

• Upgrade fixtures including; Two (2) toilets, one (1) sink, one (1) soap dispenser, and one

(1) paper towel dispenser

Football/Soccer Complex Grounds (Public Area)

• Install new dual-level drinking water fountain with bottle filler

• Install four (4) new sets of 5-row bleachers

• Install 300 LF of 8-ft wide new sidewalk

• Install four (4) new accessible parking spaces

• Construct new Restroom Facility Building

Site 3: Baseball Complex / Parks Office, 4525 SW 107th Ave, Jasper, FL 32052 Men’s Restroom (Public Area)

• Upgrade fixtures including; one (1) urinal, one (1) toilet, one (1) sink, one (1) soap dispenser, and one (1) paper towel dispenser

• Install approximately 100 SF of new slip resistant epoxy flooring

• Upgrade fixtures including; two (2) toilets, one (1) sink, one (1) soap dispenser, and one

(1) paper towel dispenser

• Install approximately 100 SF of new slip resistant epoxy flooring

• Remove partitions and install new plastic stall partitions and accessories

Concession Stand Unisex Restroom (Public Area)

• Upgrade fixtures including; one (1) toilet, one (1) sink, one (1) soap dispenser, and one

(1) paper towel dispenser

Baseball Complex Grounds (Public Area)

• Install new dual-level drinking water fountain with bottle filler

Parks and Recreation Office Men’s Restroom (Public Area)

• Upgrade fixtures including; two (2) urinals, three (3) toilets, three (3) sinks, two (2) soap dispensers, and two (2) paper towel dispensers

Parks and Recreation Office Women’s Restroom (Public Area)

• Four (4) toilets, three (3) sinks, two (2) soap dispensers, and two (2) paper towel dispensers

• Remove partitions and install new plastic stall partitions and accessories

Site 43: Courthouse Annex, 1153 NW US Hwy 41, Jasper, FL 32052 Men’s Restroom (Public Area)

• Install accessible stall

• Upgrade fixtures including; Three (3) urinals, two (2) toilets, three (3) sinks, one (1) soap dispenser, and one (1) paper towel dispenser

• Women’s Restroom (Public Area)

• Upgrade fixtures and install new accessories

• Upgrade fixtures including; Two (2) toilets, three (3) sinks, one (1) soap dispenser, and one (1) paper towel dispenser

SITE INSPECTIONS

It is incumbent upon all Bidders to examine the site and ensure they are aware of all conditions that may affect the contract work. The County will not be responsible for conclusions made by the Contractor. No claims for additional compensation will be considered on behalf of any Contractor, subcontractor, materials suppliers or others on account of that person’s failure to be fully informed of all requirements of all parts of this Bid.

WORK HOURS

Normal County work hours are from Monday through Friday, 7:30 a.m. to 5:00 p.m.

Any work performed outside of normal County work hours will require prior County approval and may require payment for expenses incurred by the County.

CLEAN UP & RESTORATION OF SITE

The Contractor shall maintain the work site in a safe manner, and shall daily clear construction debris, including leftover materials, packaging, and waste. Construction debris from the work site shall be disposed of properly at the Contractors’ expense.

WORKMANSHIP

Where not more specifically described in this document, workmanship shall conform to all the methods and operations of best standards and accepted practices of the trade or trades involved, and shall include all items of fabrication, construction or installation regularly furnished or required for completion of the services.

CONTRACTOR AND SUBCONTRACTOR REQUIREMENTS

1. The Contractor shall be licensed to perform all work listed in the Scope of Work provided.

2. The Contractor shall obtain all permits to complete the project in accordance with the Contract documents.

3. All work will be performed in accordance with the most applicable state and local regulations.

4. The Contractor shall own or have full access to the appropriate personnel and equipment to complete the project requested.

5. The Contractor and subcontractors may be requested to provide a list of equipment with identification (i.e. serial #, VIN, etc.), personnel with their position

(e.g. foreman, laborer, etc.), and percentage of work performed.

6. The Contractor shall be responsible for supplying a dumpster to dispose of debris.

7. The Contractor shall be responsible for off-site storage of materials.

DAMAGE TO PUBLIC OR PRIVATE PROPERTY

The Contractor is responsible for damages due to the direct result of installation or construction. The Contractor is to remove all debris from site and dispose of properly at Contractor expense. If property (public or private) is damaged while the Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the County prior to the final acceptance of the work. The Contractor will be responsible for applying and securing any permits that may be required to complete such repairs.

The Contractor shall provide protection necessary to prevent damage to property being repaired or replaced.

If the work site has any pre-existing damage, the Contractor shall notify the County Project Manager in writing. Failure to do so shall obligate the Contractor to make repairs per the above section. Any damage to property (public or private) caused by the action of the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the County. Failure to restore said property within five (5) working days following notification will result in a deduction from the final payment invoice. All damage which occurs because of the Contractor's application of materials shall be remedied by the Contractor at no additional cost to the County. Repairs made because of damage must be guaranteed for a period of thirty (30) days. Should the replacement be damaged within the thirty (30) day period, the Contractor shall replace the materials continually until the area is re-established.

Should the County have any expenses incurred due to the Contractor not restoring the property/damage within said time, any appropriate labor, material, and/or equipment use or rental to restore damaged property to its original condition will be deducted from the final Invoice prior to a payment being made.

COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT

The Contractor warrants that the product(s) and/or service(s) supplied to Hamilton County shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970 as amended and the failure to comply will be considered a breach of contract. Hamilton County shall be held harmless against any unsafe conditions and contractor employee incidents.

The Contractor certifies that all material, equipment, services, etc., furnished in this Bid meets all OSHA requirements for the applicable Sectors. The Contractor further certifies that if any material, equipment, service, etc., delivered or provided is subsequently found to be deficient in any OSHA requirement in effect on date of delivery or service fulfillment date, all costs necessary to bring the material, equipment, service, etc., into compliance with the requirements shall be borne by the Bidder. All Personal Protective Equipment used by the Contractor and their employees shall be ANSI certified and meet OSHA standards.

UNSATISFACTORY EQUIPMENT AND/OR SERVICES

The County will discuss all instances of unacceptable equipment and/or services with the Contractor. These instances shall be immediately rectified by the Contractor at no charge to the County, to include applicable labor and materials.

During this time, the County may suspend service with the Contractor until the problem(s) are corrected or the County may elect to use another company on an emergency basis. A record of failure to perform or of an unsatisfactory performance may result in supplier debarment.

CONSTRUCTION REQUIREMENTS

All construction and materials shall conform to the requirements of the plans and specifications.

LIQUIDATED DAMAGES:

Liquidated damages will be assessed to the Contractor as follows:

1. The amount of $1,000.00 for the first substantiated MOT deficiency

2. The amount of $5,000.00 for the second substantiated MOT deficiency.

3. The amount of $10,000.00 per MOT deficiency for each substantiated MOT deficiencies following the second deficiency.

4. The amount of $500.00 per day for each day over the contract time.

BASIS OF PAYMENT:

Progress payments will be issued monthly, based on work that has been completed and accepted by the engineer, less 10% retainage. All partial estimates and payments found to be in error shall be subject to correction in the estimates and payments subsequent thereto, and in the final estimate and payment. Payments will be made in accordance with the Florida Local Government Prompt Payment Act.

The amount of such payments shall be the total value of the project work completed to the date of the estimate, based on the quantities and the Contract unit and/or lump sum prices, less an amount retained and less payments previously made. The amount retained shall be determined in accordance with Section 255.078, Florida Statutes.

SWORN STATEMENT

SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY

PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to

[print name of public entity] by

[print individual’s name and title] for________________________________________________________________________________

[print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:

I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means:

1. A predecessor or successor of a person convicted of a public entity crime; or

2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an

SWORN STATEMENT

3. affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.]

_____ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

_____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

_____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order]

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER

FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC

ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE

CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO

INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE

THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR

CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.

[signature]

Sworn to and subscribed before me this day of , 2026.

Personally known _________or Produced Identification__________ (Type of Identification)

Notary Public - State of _________________ County of ________________

My commission expires

(Printed, typed or stamped Commissioned name of Notary Public)

REFRENCES

REFERENCES

LIST 3 SIMILAR COMMERCIAL PROJECTS THE BIDDER HAS COMPLETED WITHIN

THE LAST 5 YEARS.

Company Name:___________________________________________________________

Address:_________________________________________________________________

Contact Name:____________________________________________________________

Contact Phone or Email:____________________________________________________

Short Description of Project: _________________________________________________

Company Name:___________________________________________________________

Address:_________________________________________________________________

Contact Name:____________________________________________________________

Contact Phone or Email:____________________________________________________

Company Name:___________________________________________________________

Address:_________________________________________________________________

Contact Name:____________________________________________________________

Contact Phone or Email:____________________________________________________

CDBG SUPPLEMENTAL CONDITIONS

Small Cities Community Development Block Grant Program Form SC-66

Supplemental Conditions for Construction Contracts

The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract, the Supplemental Conditions shall govern.

1. Termination (Cause and Convenience)

2. Access to Records

3. Retention of Records

4. Remedies

5. Buy America Preference

6. Environmental Compliance (Clean Air Act and Federal Water Pollution Control Act)

7. Energy Efficiency

8. Conflict of Interest

9. Utilization of Minority- and Women-Owned Business Enterprises (M/WBEs)

10. Davis-Bacon Act

11. Contract Work Hours and Safety Standards Act

12. Health and Safety

13. E-Verify

14. Equal Opportunity Provisions

1. Termination (Cause and Convenience)

A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be affected unless the other party is given:

(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and

(2) an opportunity for consultation with the terminating party prior to termination.

B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in l(a) above.

C. If termination for default is affected by the local government, an equitable adjustment in the price for this contract shall be made, but

(l) no amount shall be allowed for anticipated profit on unperformed services or other work, and

(2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor’s default.

If termination for convenience is affected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice.

For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate.

D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in progress.

E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract.

F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph (c) above.

2. Access to Records

The Florida Department of Commerce, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, the U.S. Department of the Treasury, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records, including electronic storage media, as they may relate this contract, for the purposes of conducting audits or examinations or making excerpts or transcriptions.

3. Retention of Records

The contractor shall retain all records relating to this contract for five years after the local government makes final payment and all other pending matters are closed.

4. Remedies

Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.

5. Buy America Preference

A. All iron and steel used in this project must be produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

B. All manufactured products used in this project must be produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

C. All constructed materials used in this project must be manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

D. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.

6. Environmental Compliance

If this contract exceeds $150,000, the contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the U.S.

Department of the Treasury and the Atlanta Regional Office of the Environmental Protection Agency (EPA). The contractor shall include this clause in any subcontracts over $150,000.

7. Energy Efficiency

The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).

8. Conflict of Interest

No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the contractor shall incorporate the language set forth in this paragraph prohibiting conflict of interest in all subcontracts.

9. Utilization of Minority- and Women-Owned Business Enterprises (M/WBEs)

The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from:

• Florida Department of Management Services, Office of Supplier Diversity,

• Florida Department of Transportation (construction services, particularly highway),

• Minority Business Development Center in most major cities, and

• Local government M/WBE programs in many large counties and cities.

A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.

10. Davis-Bacon Act (Applicable to contracts/subcontracts $2,000 or more)

1. Minimum Wages

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work performed, without regard to skill, except as provided in § 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 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 paragraph (a)(1)(ii) of this section) 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) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

1. The work to be performed by the classification requested is not performed by a classification in the wage determination.

2. The 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.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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 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 asset for the meeting of obligations under the plan or program.

2. Withholding

The Department of Commerce 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, the Department of Commerce 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 until such violations have ceased.

3. Payrolls and basic records

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Department of Commerce 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 owner, as the case may be, for transmission to the Department of Commerce. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired.

Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the U.S. Department of the Treasury if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Department of Commerce, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(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:

a. That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete.

b. 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 Regulations, 29 CFR part 3.

c. 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 Optional 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 the Department of Commerce or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency 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 or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. 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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services 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 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.