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HomeMy WebLinkAbout2603 - 2605 Sanford Ave; 98-203; GENERAL REPAIRZONE DATE O C CONTRACTOR ADDRESS PHONE # ,,) 1 - S LOCATION j —-.% S iN _ AlU P OWNER ! %7- r_ l.S/i-Es ADDRESS PHONE # Jr9 J?— 6 P PLUMBING CONTRACTOR ADDRESS PHONE # PERMIT # JOB / COST $ 42., ev 7 % FEE $ CF STATE NO. (' FEE $ ELECTRICAL CONTRACTOR FEE $ ADDRESS PHONE # MECHANICAL CONTRACTOR ADDRESS PHONE# MISCELLANEOUS CONTRACTOR ADDRESS SEPTIC TANK PERMIT NO. SOIL TEST REQUIREMENTS FINISHED FLOOR ELEVATION REQUIREMENTS (__) ARCHITECTURAL APPROVAL DATE: FEE $ SUBDIVISION: LOT NO. BLOCK: SECTION: _ SQUARE FEET: MODEL: OCCUPANCY CLASS: A?S TYPE DATE OK REJECT BY FEE $ ENERGY SECT. EPI: CERTIFICATE OF OCCUPANCY ISSUED # DATE: FINAL DATE FEE $ ENERGY SECT. EPI: CERTIFICATE OF OCCUPANCY ISSUED # DATE: FINAL DATE CITY OF SANFORD, FLORIDA APPLICATION FOR BUILDING PERMIT 0 PERMIT ADDRESS 2 0® 2( S l%2,1 ( PERMIT NUMBER Total Contract Price of Job F "7`7 Total Sq. Ft. Describe Work l'a)afAt, 1- j(Z5 Type of Construction Flood Prone (YES) (NO) Number of Stories Number of Dwellings Zoning Occupancy: Residential / Commercial Industrial LEGAL DESCRIPTION (please attach printout from Seminole County) TAX I.D. NUMBER OWNER Ti(t% C_C 7 Z. D FCJI I'S[_l: Ili?U ) PHONE NUMBER 4AQ7/3Z3-3?—&9 ADDRESS Ziy 5, e)AIC AV6 CITY SAti(=Oftb STATE rL ZIP 2.7? TITLE HOLDER (IF OTHER THAN OWNER) / L14 ADDRESS CITY STATE ZIP BONDING COMPANY )L//A ADDRESS CITY STATE ARCHITECT WZA ADDRESS CITY MORTGAGE LENDER N ADDRESS CITY STATE STATE ZIP ZIP ZIP CONTRACTOR Mae- X4 140fJ 6"MOS`r PHONE NUMBER 40i/3Zq - -7qz / ADDRESS J gc :5141VtYL ptZ ST. LICENSE NUMBER C&-OL(Z.-5.09 CITY 66L—Z-ONA STATE FL ZIP -51 7*3Q Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed ,t;o meet standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL, PLUMBING, MECHANICAL, SIGNS, POOLS, ETC. OWNER' S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. A COPY OF THE RECORDED COPY OF THE NOTICE OF COMMENCEMENT WILL BE POSTED ON THE JOB SITE WITH PERMITS NO LATER THAN SEVEN (7) DAYS AFTER THE PERMIT HAS BEEN ISSUED. FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOU PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. ACCEPTANCE OF PERMIT IS VERIFICATION THAT I WIILVLL NOTIFY `HE OWNER OF TH-E PxROPE TY` OF G THE REQUIREMENTS OF FLORIDA LIEN LAW, FS713. 5'tt © ^ ( tl q m rt ta D aCo / ro h 0 mma o n ignature Owner/Agent & Date nature o Con actor & Date a Ty p or Print Owner/Agent Name Type or Print Contractor's Name x 0Ja O ( D ignature of of ry & Date S' nature of ota y & Date Official Seal) (Official Seal) I v c a 3 O ro x o Z >. y 1-i r O N O rd N O a 0 a >4 Z a P ATpfAIAh AND{4 W5 officiaisell Notary publla tala bfF. larida PATRICIA A NrN{l i.W9 N cotrm. %( Ilr@ 0e6. 29, » Notary PAllo &taco of Florida cGommaNiree Deb 28,1999 Comtri. No G ! Z1'Jh Po'CC 521590.. Application Approv BY: M MO Date: 7 i FEES: Building Radon Police Fire Open Space. Road Impact Ap lic tion PERMIT VALIDATION: CHECK CASH DATE i'7 BY ORIGINAL ( BUILDING) YELLOW (CUSTOMER) PINK (COUNTY TAX OFFICE) GOLD, CO. ADMIN) THIS APPLICATION USED FOR WORK VALUED $2500.00 OR MORE return to: (enclose self, addressed stamped onvelope) Name: WILLIAM F. NEWMAN 214 S. OAK AVE.: ddresc SANFORD, FL 32771 i 11I This Instrument Prepared by: Address: WILLIAM F . NEWMAN 214 S. OAK AVE. SANFORD, FL 32771 Property0A6pp a r 31 r5Ottent01 a0t Qn I 0 0 umberls): 06 20 31 503 0500 0080 SPACE ABOVE THIS LINE FOR PROCESSING DATA NOTICE OF COMMENCEMENT MARYANW'Rdt"SSE RK OF CIRCUIT CuiJR T EMINOL COUNT''. Fri_ 105 14 1m0aaz0. b SEMINOLE FORM 408 RECORDED & VERIFIE(:I 1997 SEP 26 AN 9: 56 SPACE ABOVE THIS LINE FOR RECORDING DATA JZ1 O Permit No. NOTICE OF COMMENCEMENT o State of Florida County of SEMINOLE The undersigned hereby gives notice that improvements will be made to certain real property, and in accordance with section- 713.13 of the Florida Statutes, the following information is provided in this NOTICE OF COMMENCEMENT. Legal description of property (include Street Address, If available) LOTS 5 and 8, BLOCK 5, A.B. RUSSELL'S ADDITION TO FORT REED, according to the plat thereof as recorded in PLAT BOOK 1, PAGE 97, PUBLIC RECORDS (2603-2605 SANFORD AVE.) General description of improvements REHABILITATION Owner THE CENTER FOR AFFORDABLE HOUSING, INC. Address 214 S. OAK AVE., SANFORD, FL 32771 OPY Owner's interest in site of the improvement FEE SIMPLEt7iF t, Fee Simple Title holder (if other than owner) JY('`` `T'.11%, — IFrt n RT Name Contrac tnTt, MACMAHON CONSTRUCTION COMPANY 41Ty 4`L a" Address 189 SHERYL DRIVE, DELTONA, FL 32738 - Surety Address Amount of bond $ Any person making a loan for the construction of the improvements: Name Person within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes. AI..— WILLIAM F . NEWMAN Address_ 214 S. OAK AVE. , SANFORD, FL 32771 In addition to himself, owner desig Of to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. Expiration date of Notice of Commencement (the expiration date is 1 year from the date of recording unless a different date is specified). Sworn to a subs ribed before met C 1 HAW of. , 19' Signature of Owner Printed Signature of Owner Notary Si ature , ..._ _ 1 t Ofllcial Sea) 71 Printed Nod, ig azure PATRICIA A. ANDREWS M Commission expires: Notary Public. Stmo of Florida Y P My comm. expires Dec 28, 1999 Comm. No. Cc s21soo E so i SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR r,THIS AGREEMENT, :made and entered this 30th day of JULY , 19 97 , by and between THE CENTER FOR AFFORDABLE HOUSING, ]NC. , whose mailing address is 214 S. OAK AVE., SANFORD, FL 32771 , hereinafter referred to as the "OWNER" andNACMAHON CONSTRUCTION CO. a Florida SOLE PROPRIETORSHIP , whose mailing address is 189 SHERYL DR., DELTONA, FL. 32738 , referred to as the CONTRACTOR." W I T N E S S E,T H: WHEREAS, THE CENTER FOR AFFORDABLE HOUSING, INC. is the OWNER fee• simple of the following described property, to -wit: 2603-2605 SANFORD AVE., SANFORD, FL 32771 and WHEREAS, -.•the OWNER AND CONTRACTOR have reached agreement as set forth hereunder; and fig# THE CENTER FOR AFFORDABLE HOUSING, INC. a not -for -profit corporation -whose mailing address is 214:S. OAK AVE., SANFORD, FL 32771 hereinafter referred to as SUBGRANTEE"._.is ,responsible for administering a portion of Seminole County's Housing Rehabilitation Program of which the work provided thereunder is a part. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable considerations, the receipt and sufficiency of which are. hereby acknowledged, the parties hereto agree as -follows:.: Section 1.. The Work. _.,The _CONTRACTOR shall perform all the;:work ,.required to rehabilitate the above _.described.,premises according to the plans and specifications_attached hereto and incorporated herein as Exhibit "A," hereinafter referred to, as Work.". Section 2. Time of Commencement and Completion. The Work to be performed hereunder shall commence on AUGUST 1, 1997 , and be completed within sixty (60) calendar days from. Fnarehabbk/agmrs Page 1 of 5 6/12M SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM Certificate of Final Inspection by SUBRECIPIENT INSPECTOR and provided, further, that final payment shall be subject to delivery of satisfactory release of liens or claims for liens by CONTRACTOR, subcontractors, laborers and material suppliers for completed work or installed materials. Section S. Foreign Country Contract Award Restrictions. Pursuant to Section 109, Public Law 100-202, the CONTRACTOR or OWNER shall not award contracts, subcontracts and any Work or purchase orders to any business entity whose home office or fifty percent (504;) or more ownership is vested in a country that denies fair trade access to the United States -as determined by the United States Trade Representative (USTR) and confirmed by the United States Department of Housing and Urban Development HUD) and the SUBGRANTEE. Section 7. Contract Documents. The following contract documents are incorporated.hereunder by reference and made a part hereof: (List below the Agreement, conditions of the Contract General, -Supplementary; and other Conditions), Drawings, Specifications, Addenda and accepted Alternates, showing page or sheet numbers in all cases and dates where applicable). Construction Agreement 5 pages General Conditions 11 pages Draw Schedule 1 page Work Write -Up 2 page(s) Exhibit A 2 pages Exhibit B 9 pages ti Notice of Commencement 2 pages T Project Bid Specs Issued to Contractor XC only) 1 page Certification Regarding Lobbying Fnarehabbk/agmu Page 3 of 5 6/12195 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM STATE OF ). ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19 by and who are personally known to be or who have produced as identification. Print Name Notary Public in and for the County and State Aforementioned. My commission expires Name Title Fn:Vehobbk/cgmts Page 5 of 5 6/12/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM f MacMahon Construction Company Scott MacMahon 407-328-7921 Proposal for Services For: OwnerMe Center for Affordable Housing) Contact: Bill Newman 407-323-3269 Location Of Property: 2603/2605 south sanford ave. Sanford Fl Unit A: install (2) new 6 panel metal exterior doors with hardware and framesinstallpassagesetonlaundryroomdoor repair damage to walls, seal and paint interior install new shower pan and tile in bathroom replace vinyl flooring in kitchen and bathroom replace window operators,broken panes and rescreen install wood ceiling in utility roam install self dosing hinges on kitchen cabinets install new door locks and secure trim In . July 29,1997 525.00 32.00 600.00 750.00 250.00 195.00 350.00 110.00 155.00 2,967.00 Unit B install (2) new 6 panel metal exterior doors with hardware and framesinstall (2) screen doors repair damage to walls,seal and paint interior. address peeling paint in bath replace window operators,broken panes and rescreen install new door locks and secure trim install new toilet mechanisms install self dosing hinges and drawer handles in kitchen replace vinyl flooring in kitchen and bathroom Unit C subtotal install (2) new 6 panel metal exterior doors with hardware and frames repair damage to walls, seal and paint interior replace window operators,broken panes and rescreen install new door locks and secure trim as needed install self dosing hinges and drawer handles in kitchen replace vinyl flooring in kitchen and bathroom install medicine cabinet in bathroom install (2) a/c units, 1 for bedroom, 1 for living room,knock out and trim out subtotal Unit D install 2 ft. base and upper kitchen cabinet to match install cabinet over stove inspect roof shingles,remove protruding nails and seal under shingle with 525.00 250.00 600.00 180.00. 160.00 75.00 150.00 250.00 2,190.00 525.00 600.00 180.00 165.00 150.00 300.00 75.00 600.00 2,595.00 275.00 150.00 Unit E Unit F Unit G roofing mastic. secure and raised roof deck r subtotal install 2 ft. base and upper kitchen cabinet to match install cabinet over stove and install ductless stove hood inspect roof shingles,remove protruding nails and seal under shingle with roofing mastic. secure and raised roof deck subtotal install 2 ft. base and upper kitchen cabinet to match install cabinet over stove and install ductless stove hood inspect roof shingles,remove protruding nails and seal under shingle with roofing mastic. secure and raised roof deck subtotal install 2 ft. base and upper kitchen cabinet to match install cabinet over stove inspect roof shingles,remove protruding nails and seal under shingle with roofing mastic. secure and raised roof deck subtotal Unit H install 1 new 6 panel metal exterior.door with hardware and frame install metal kick plate on rear door remove screws and anchors in walls,repair,seal and paint interior replace window operators,broken panes and rescreen remove gas heater and install heat pun*17,000 btu) install new door locks and secure trim inspect roof shingles,remove protruding nails and seal under shingle with roofing mastic. secure any raised roof deck insulate attic to R-19 install door between porch and living room with hardware buy and install light fixture in bathroom subtotal cleanup Total 125.00 550.00 275.00 150.00 125.00 550.00 275.00 150.00 125.00 550.00 275.00 150.00 125.00 550.00 265.00 75.00 550.00 195.00 400.00 200.00 125.00 200.00 165.00 50.00 2,225.00 500.00 12,677.00 Any adiitional work found to be needed le: damaged framing or decking under roof etc. to be billed as additional work not included In this proposal. Thank you, Kennneth Croll SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR GENERAL CONDITIONS Section 1. Responsibilities a) OWNER. 1) The Owner shall secure and pay for easements required. for permanent structures or permanent changes in existing facilities. 2) The OWNER shall provide all instructions to the CONTRACTOR through the SUBGRANTEE. b) CONTRACTOR. 1) The CONTRACTOR shall supervise and direct performance of the Work, using his or her best skills, attention and sound construction practices. The CONTRACTOR shall be solely responsible for all construction means, methods, techniques, sequences, procedures and for coordinating all portions of the Work under the Construction Agreement. 2) Unless otherwise specifically noted in the Agreement, the CONTRACTOR shall provide and pay for all labor, materials, equipment, tools, construction equipment, machinery,. water, heat, utilities, transportation and all other facilities, and services necessary for proper execution and completion of the Work. 3) The CONTRACTOR shall, at all times, enforce strict discipline, order and sound construction practices among his or her employees. The CONTRACTOR shall not employ to perform the Work any unf it person or person not skilled in the task assigned to him or her by the CONTRACTOR. 4) The CONTRACTOR warrants to the OWNER and SUBGRANTEE that all materials and equipment used in the Work performed shall be new, unless otherwise specified. The CONTRACTOR further warrants that the Work shall be of good lEn:\rehab\agrm: Page 1 of 11 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM quality, free from faults and defects and in conformance with Contract Documents. All Work not conforming to these standards shall be considered defective. 5) The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required by law and secure all permits, fees, and licenses necessary to perform the Work as set forth in the Agreement. 6) The CONTRACTOR shall provide notices and comply with laws, codes, ordinances, rules, regulations and orders of any public authority impacting on the performance of the Work. The CONTRACTOR shall immediately notify the SUBGRANTEE if the Drawings and Specifications are at variance therewith. 7) The CONTRACTOR shall be responsible for the acts and omissions of all his or her employees, subcontractors, their agents and employees and all other persons performing the Work pursuant to a contract with the CONTRACTOR. 8) The CONTRACTOR shall review and submit all samples and shop drawings, as directed, for approval by the SUBGRANTEE. All such samples and shop drawings shall conform with the design concept and information provided in the Contract Documents. The Work shallcomplywith the approved samples. and shop drawings. 9) The CONTRACTOR shall, at all times, maintain the premises free from accumulation of waste materials or rubbish caused by the Work. At completion of the Work, the CONTRACTOR shall remove all waste materials and rubbish as well as his or her tools, construction equipment, machinery and surplus materials from the site. The CONTRACTOR shall clean all glass surfaces and leave the Work "broom clean" or its equivalent, except as otherwise specified. 10) The CONTRACTOR shall indemnify and hold harmless the OWNER, SUBGRANTEE and Seminole county and their agents and employees from and against all claims, damages, losses cEn rehab\agtmt Page 2 of 11 a/iz/9s SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM award of the contract prior to notice to proceed, furnish to the SUBGRANTEE in writing a list of the names of Subcontractors. proposed for the principal portions of the Work. The CONTRACTOR shall not employ any Subcontractor to whom the SUBGRANTEE, Seminole County, or the OWNER may have a reasonable objection. Contracts between the CONTRACTOR and the Subcontractor shall be in accordance with the terms of the Agreement and include the General Conditions of the Agreement insofar as applicable. d) Separate Contracts 1) The OWNER reserves the right to award other contracts in 'connection with other portions of the Project or other Work on the site under similar Conditions to the Agreement. 2) The CONTRACTOR shall provide other contractors reasonable opportunity for introduction and storage of their materials and equipment and execution of their Work and shall properly coordinate his Work with that of the other. contractor. 3) Any costs caused by defective or ill-timed Work shall be borne by the party responsible therefor. Section 2. Contract Standards, specifications And stipulations. a) Royalties and Patents. The CONTRACTOR shall pay all royalties and license fees, as applicable. The CONTRACTOR shall defend all suits or claims for infringement of any patent rights and save the OWNER harmless from loss on account thereof. b) Time. 1) All time limits stated in the Contract Documents are of the essence to the Contract. 2) If the CONTRACTOR is delayed at any time in the progress of the Work by changes ordered in the Work by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the CONTRACTOR's control, or by any cause which the SUBGRANTEE may determine justifies the delay, then the Contract Time shall be extended by Change Order for such cn:\tenab\agcm; Page 4 of 11 6/12/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM which may arise out of or result from the CONTRACTOR's operation pursuant to the Agreement whether such operations be by him or herself or by any subcontractor of anyone directly or indirectly employed by any of them. The insurance shall be written for not less than any limits of the liability specified as part of the Agreement or required by law, whichever is greater and include contractual liability insurance as applicable to the CONTRACTOR's obligations. 2) CONTRACTOR shall provide builders insurance to address all losses in the event of theft of materials from the site during the term of the Agreement. 3) Certificates evidencing the above required insurance shall be provided to the OWNER, SUBGRANTEE and Seminole County prior to issuance of the Notice of Commencement. b) Owner's Liability Insurance. The OWNER shall be responsible for purchasing and maintaining his or her own liability insurance, and, at his or her option may maintain such insurance to protect him or her against claims which may arise from operations pursuant to the Agreement. section 4 Changes In The Work. a) The OWNER, without invalidating the Agreement, may order changes -in the Work consisting of additions, deletions or modifications, to the Agreement Sum and Time adjusted accordingly; provided that all such changes in the Work must be authorized prior to the changes by written Change Order signed by the OWNER, SUBGRANTEE and Seminole County. b') The Agreement Sum and Time may be changed only by written Change Order authorized by the OWNER, SUBGRANTEE and Seminole County. c) The cost or credit to the OWNER from a change in the Work shall be determined by mutual agreement' between the CONTRACTOR, OWNER, SUBGRANTEE and Seminole County. Fn:\rehab\agrm[ Page 6 of 11 6/12/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM such deficiencies and deduct the cost thereof from the payment then or thereafter due, or, the OWNER, SUBGRANTEE and Seminole County may, at their option.' terminate the Agreement and finish the Work by whatever methods deemed expedient, and, if the unpaid balance of the Agreement Sum exceeds the expense of finishing the Work, such excess shall be paid to the CONTRACTOR, but if such expense exceeds the unpaid balance, the CONTRACTOR shall promptly pay the difference to the OWNER. Section 7. Equal Employment opportunity (EEO) - Non Discrimination. a) The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, creed, age, gender, color, disability or national origin. The CONTRACTOR shall take affirmative action to ensure that such applicants are employed, and that employees are treated during employment, without regard to their race,' creed, age, gender, color, disability or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBGRANTEE setting forth of the provisions of the nondiscrimination clause. b) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR., state that all qualified applicants will receive consideration for employment without regard to race, creed, age, gender, color, disability or national origin c) The CONTRACTOR shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the United States En:\rehab\a9rm; Page 8 of 11 6/12/95 SEMINOLE .COUNTY HOUSING REHABILITATION PROGRAM CONTRACTOR soliciting bids or requests for proposals for activities must include in any solicitation package a certification to verify the following: a) The Offeror is not a contractor doing business in a foreign country included in the list of countries that discriminate against USA firms,_as designated by the USTR. b) The Offeror has not and shall not enter' into any subcontract with a subcontractor doing 'business in a foreign country included in the list of countries that discriminate against USA firms, as designated by the USTR. c) The Offeror shall not use any product manufactured in a country included on the USTR list, except vehicles as designated by the USTR. Section 10. Resolution of Disputes. All claims or disputes between the OWNER and CONTRACTOR arising out of or related to the Work shall be decided by arbitration in accordance with the construction industry arbitration rules of the American. Arbitration Association, unless the. parties mutually agree otherwise. The OWNER and; CONTRACTOR shall submit all disputes or claims, regardless of the extent of the Work's progress,, to the American Arbitration Association/Better Business Bureau, unless the parties mutually agree otherwise. Notice of the Demand for Arbitration shall be submitted in writing by both parties to the Agreement within a reasonable time after the dispute has arisen. The award rendered by arbitration shall be final. Judgment may be entered upon the award in accordance with applicable law in any court with jurisdiction thereof. If the arbitrator's award is for a sum Tess than that which was offered in settlement by CONTRACTOR, the arbitrator may award costs and attorney's fees in favor of the CONTRACTOR. If the award of the arbitrator is for a sum greater than that offered in settlement by the OWNER, the arbitrator may award costs and attorneys fees in favor of the OWNER. En:\rehab\agrmt Page 10 of 11 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM DRAW SCHEDULE 1. Progress and final payments to the CONTRACTOR shall be approved by the owner only after the Work has been inspected by the owner's dzaw inspector and determined to comply with the Contract and the Project Bid Specifications. 2. The owner shall retain 10 percent (10%) of the value of the Work completed from each progress payment to the CONTRACTOR during construction. Upon inspection and certification of completion in accordance with the Contract and Project Bid Specifications, the final construction payment including the retainage amount, may be approved by the owner 3. A retainage higher than ten percent (10%) may be utilized by the - to ensure construction is completed satisfactorily, as determined by the owner - -.- 4. The maximum number of progress payments shall be limited -as agreed upon by the owner and CONTRACTOR. However, County's responsibility shall be directed by the subrecipient agreement between owner and COUNTY. Fn:\rehab\agrmt Page 1 of 1 6/12/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM EXHIBIT A TO CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR Contractor shall be in compliance with the following Federal Regulations: I. Nondiscrimination: Executive Order 11246 It is the policy of the Government of ..the United States to provide equal opportunity in Federal employment for all qualified persons, to prohibit discrimination in employment because of race, color, religion, sex or national origin, and to provide the full realization or equal• employment opportunity through a positive, continuing program in each agency. This policy must also apply to all grantee agencies and to all contractors and subcontractors involved in a federal funded program. Penalties provided by statute will be assessed against the contractor for all violations of such laws. II. Housing and Urban Development Act of 1968: --Section 3: A. The work, to be. performed under -this contract is on a project assisted under a program providing direct Federal 'financial assistance from the Department of Housing and Urban Development_vand. -is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, '12 U..S.C...170u. Section 3 requires that` to- the greatest extent feasible, opportunities for training and employment be w given lower income residents of the 'project area and contracts for work. in :connection with the project be awarded to business concerns which are located in, or owned in, substantial part by'persons residing in the area of the project. B. The parties to this contract will comply with the provisions. of said Section•3 and the regulations issued pursuant thereto by the..Secretary of Housing. and Urban Development set forth I in 24 CFR, and all applicable rules and..order of the Department issued .thereunder prior . to : the -execution of =this -.contract. The parties to this .contract certify and agree that they,are under no contractual or other ,disability which would prevent them from complying.with these requirements. C. The contractor will 'send to each labor organization or representative of workers with, which he has a collective bargaining agreement -or - other contract or understanding, if any, a notice advising the said labor organization or worker representative of his commitments under this Section 3 Clause and shall post fn: Vrchabbk\a9Mts) Page 1 of 2 6112/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM EXHIBIT B TO CONSTRUCTION AGREEMENT BETWEEN OWNER AND CONTRACTOR NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS EQUAL EMPLOYMENT OPPORTUNITY Executive Order 11246 130 F.R. 12319-251 PART U - NONDISCRIMINATION IN EMPLOYMENT BY GOVERNMENT CONTRACTORS AND SUBCONTRACTORS SUBPART A - DUTIES.OF.THE SECRETARY OF LABOR SEC..201. :-The Secretary of Labor shall be responsible for the administration' of Parts 11 and III of this Order and shall adopt such rules and regulations and issue such orders as he deems necessary.and:appropriate to -achieve the purposes thereof. SUBPART B - CONTRACTORS' AGREEMENTS SEC. 202. Except in contracts exempted in accordance. with Section 204 of this Order, .all. Government contracting agencies shall include in every Government contract hereafter entered into the following provisions::. _ During the performance of this contract, the contractor agrees as .follows:..__ 1) The.contractor will not discriminate against any employee or applicant for employment'because of race,.color, religion, sex, or national origin: The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of _pay or other 'forms of compensation; and selection for training, including apprenticeship. The contractor agrees to -post in conspicuous places,' available to employees and applicants for employment, notices to. be'--.._ provided by the contracting -..officer .. setting .forth ,.;._the provisions of this nondiscrimination.. clause. 2)'The"contractor will; in all solicitations or advertisements for employees placed by or. on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to,.race,'color, religion, sex, or national origin. 3) The contractor will send . to each labor union or representative of workers with which he .has a collective bargaining agreement or other contract or understanding, a notice, Fn:\agnls\11246 Page 1 of 9 6/12195 s SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM h) Bidders or prospective contractors or subcontractors may be required to. state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. c):Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising `apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's.or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or., an agency referring workers or providing or supervising apprenticeship or training and such .labor.union or agency shall refuse to'furnish_such.information to the contractor, the contrac- tor- shall .so. certify to the contracting agency as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. d)"The contracting agency or the Secretary of Labor may direct that '-any 'bidder or prospective contractor - or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed iby"an authorized officer or agent on 'behalf., of any' labor union `or .any agency referring workers or .providing or supervising apprenticeship" or other training, with which ,the bidder --or prospective contractor deals, with supporting information, to.the effect:_that.,::. the . -. signer's practices and policies do._not discriminate ..on the :grounds of; race, color, religion, sex or national origin,-. and thatfthe signer either will affirmatively cooperate in.-the:implementation of .the policy and provisions. of this order or that it consents ._and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be:.in accordance with the purposes. and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure.:such a statement and such additional factual material as the contracting agency _or the Secretary.of_ Labor may require SEC..204... The Secretary of -Labor may,- when..he deems.that special circumstances in. the national .interest so require, exempt..a contracting agency from the.requirement of including.any,.or all -of the -:.provisions ;of Section 202 of. this. Order in any specific contract, subcontract, or purchase order. The Secretary of -Labor may, by rule or regulation, also exempt certain classes of contracts,'' -subcontracts, or purchase orders,(1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; 3) involving less than specified amounts 'of money or specified Fn:lagmts\11246 Page 3 of 9 611n5 SEMINOLE COUNTY = HOUSING REHABILITATION PROGRAM course of such. work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the. Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. SEC. 208. (a) The Secretary of Labor, or any agency, officer, or employee in the.executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may.deem advisable for compliance, enforcement, or educational purposes. b) The. Secretary of Labor may hold, or cause to be held, hearings. -in accordance with Subsection (a) of this Section prior to imposing, ordering, or recommending the imposition of penalties ands sanctions under.. this. Order. _ .. No order for debarment of . any contractor -;from. further -.-,Government contracts under Section 209(a)(6) shall be made without affording the contractor an opportunity for a hearing. SUBPART•_D ,SANCTIONS.AND PENALTIES SEC: 209. (a)= In accordance with such rules, regulations,.. or orders as the Secretary'of Labor.may issue or adopt, the -Secretary or the appropriate contracting agency. may: . 1) Publish, or. --cause to be published, the names of contractors or unions which it has concluded have. -complied or -have failed to comply with the provisions - -of., this Order or of the rules, regulations, and orders of the Secretary_ of., Labor. 2) Recommend -to the Department of .Justice._.that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth. in Section 202 of this Order, appropriate.. proceedings be brought to enforce those provisions,_ including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order 3) Recommend.to.,.the Equal Employment Opportunity Commission or the -Department of Justice. that-. appropriate... proceedings be instituted under Title:VII.of the Civil.Rights Act of.1964. 4) Recommend to the Department''of -:Justice that criminal proceedings 'be 'brought' for the`furnishing *of false information to any contracting agency or to the Secretary of Labor as the case may be. 5) Cancel, terminate, suspend, or cause to be .canceled, terminated, or suspended,. any contract, or.any portion or portions thereof, for failure of the. contractor or subcontractor to comply with the -nondiscrimination provisions of the contract. Contracts may be canceled,.:. terminated, or suspended absolutely or Fn-\agents\11246 Page 5 of 9 6/12/95 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM employer, or that the personnel, training, apprenticeship, membership', grievance and representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and provisions of this Order. SEC. 214. Any Certificate of Merit may at any be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC.'215. The Secretary of Labor may provide for the exemption of any employer, labor.union,..or.-other agency from any reporting requirements imposed under or pursuant to this Order if such employer,_ labor. union, or other 'agency has- been awarded a Certificate of Merit.which has not been suspended or revoked. PART III .-_ NONDISCRIMINATION PROVISIONS IN FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS SEC`: 301.'.Each=executive department and agency which administers a -program involving. Federal financial=assistance shall require as a' condition "for the approval of any grant, contract,: loan, insurance,' or: guarantee thereunder,-- which may involve a construction contract, that the applicant for Federal assistance undertake.and agree to incorporate, or cause to be incorporated, into all construction "Contracts 'paid.for in whole or in part with funds: - obtained _ from- . the ' Federal .Government or borrowed on the credit.,of the ,Federal ..Government pursuant .to such grant, contract, loan, insurance, -or guarantee, or,.undertaken pursuant to any Federal program involving such grant,' contract, loan, I insurance, or guarantee, -the._provisions prescribed for. Government contracts by . `Section 203 _ : of this ._.Order . or such ' modification thereof , preserving In..-substance:the-.'contractor Is obligations thereunder, as may. be. approved .-by-.the. Secretary,, of Labor, together with such additional provisions"'as the- Secretary deems appropriate to establish and protect the interest of the United States in the enforcement' of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the administering department or agency and the, Secretary of Labor in obtaining the compliance of contractors and subcontractors with those" contract provisions and with the rules, regulations, and relevant orders of the Secretary, (2) to -obtain and to furnish to thee- administering "department or agency and to the -..Secretary of Labor such information as they may require for the supervision of such -:,compliance, ,..(3). _ ;to ::,carry:. -out :sanctions and ',penalties for violation -,:of.,-_such obligations imposed upon. contractors' and subcontractors -,by the ::Secretary. ,of ,_Labor . -or ..the ` administering department.. or agency . pursuant. `toPart: II,' Subpart.: D, of this Order, -and (4) to -.refrain from entering into any contract subject to_ this •Order, or. ,extension or other modification of such a contract with a. contractor debarred from Government contracts under Part II, Subpart D, of -this Order. - SEC. 302 (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, Fn:\agnts\11246 Page 7 of 9 6n2195 SEMINOLE COUNTY HOUSING REHABILITATION PROGRAM limitations prescribed in Section 602 thereof and the regulations of the -administering department or agency issued thereunder. PART, IV MISCELLANEOUS SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order, except authority to promulgate rules and regulations of a general nature. SEC. 402.- The Secretary of Labor. shall provide administrative support for the execution of the program known as the ."Plans for Progress." SEC. 403..(a) Executive Orders Nos. 10590 (January,19, 1955), 10722 (August 5, 1955), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11 16,2 (July 28, 1964), are hereby superseded and the. President's Committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Civil Service Commission and the Secretary of Labor, as appropriate. b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive .orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such 'directives to provisions of the superseded orders shall be deemed to be references to, the comparable provisions of this Order. SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC. 405. This Order shall `become effective thirty days after the date of this Order. THE WHITE HOUSE, September 24 1965. LYNDON B. JOHNSON. Executive Order 11478 of August 8, 1969 34 Fed. Reg. 12985, infra, superseded Part I (Nondiscrimination in Government Employment) of Executive Order 1I 246 (Equal Employment Opportunity) of September 24, 1965, 30 Fed. Reg. 12319. Fn:\agmu\11246 Page 9 of 9 6/12195 E SEMI1VOLE COUNTY HOUSING REHABILITATION PROGRAM 1P`( G112f