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ii) a description of the general categories of subcontracts awarded to DBEs. iii) the specific efforts employed to identify and award subcontracts to DBEs. riod of five (5) years All records relating to DBE l payment. participation records shallnd subcontracts beavailable be tained for a for inspection eby he County, MOT following acceptance of final p ym or the Federal Highway Administration upon request. 19, BID OPPORTUNITY LIST. Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT- assisted projects, including both DBEs and non -DBEs. The Bid Opportunity List form must be completed by all bidders identifying ALL subcontractor who quoted to bidder for this project and contract. A form Bid Opportunity List form is attached and must be submitted with the bid proposal. 20, NON -COLLUSION Bidder shall submit the included Non -Collusion Certification with its bid proposal, certifying that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with its bid. Failure to submit the certification with the bid will make the bid non-responsive and not eligible for award consideration. 21. (1) Differing site conditions. a) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially form those ordinarily encountered and generally recognized as inherent in the work provided for in the contract re encountered at the site, the party discovery such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. b) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contact, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. C) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. d) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (2) Suspensions -- a) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, to the engineer in for adjustment within submitctor shall writing calendarr days ofo receipt of the notice resme wo kSt 1 The 21 F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions.doc 6/29/2006 3'°625 PM