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Res No 078-14-14172RESOLUTION NO.:78-14-14172 A Resolution authorizing the City Manager to enter into a contract with Pioneer Construction Management Services Inc.foran amount not to exceed $11,462.97 for sidewalk repairs at Marshall Williamson Park,funded by a Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD). WHEREAS,theCityreceiveda CDBG grantthrough Miami-Dade CountyPHCDforpark improvements at Marshall WilliamsonPark;and, WHEREAS,thegrantagreement,intheamountof$l 15,000,provides funding forthedemolition of three playgrounds,installation oftwo playgrounds,park amenities,tree canopyandtherepairof sidewalks. WHEREAS,the Citysubmittedan invitation toquote,ITQ #PR20l4-05,onApril3,2014,for sidewalk repairs at MarshallWilliamsonPark;and, WHEREAS,eight(8)submittals were received;Pioneer Construction ManagementServices,Inc. was the lowest bidder andisin compliance with the terms of the ITQ. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section I.The CityManageris authorized to enter intoa contract with Pioneer Construction Management ServicesInc.for sidewalk repairs atMarshallWilliamsonPark for an amount not to exceed $11,462.97.Fundingforthis project will come from the MarshallWilliamson Construction account 120-3304- 572-6550,witha current balanceof$17,720.00.Acopyof the contract is attached. Section 2.To account foranyunknown factors that mayarise,a 15%contingency over the proposalof$9,967.80is requested.Thecontingency account shall not exceed $1,495.17.Thetotalpossible expenditure,including contingency amount,is not to exceed $11,462.97. Section 3.Severability.Ifanysectionclause,sentence,or phraseofthisresolutionisforany reasonheld invalid or unconstitutionalbya court of competent jurisdiction,the holdingshall not affectthe validityof the remaining portions ofthis resolution. Section 3.Effective Date.Thisresolution shall become effective immediately uponadoptionby vote of the City Commission. PASSED ANDADOPTEDthis 5th dayof May 'AT _,20I4. COMMISSION VOTE:5-0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Edmond:Yea Commissioner Liebman:Yea Commissioner Welsh:Yea To: Via: From: Date: Subject: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor&Members of the City Commission Steven Alexander,City Manager South Miami flU-flmeifcaCBt! If"""H 2001 Quentin Pough,Acting Director Parks and Recreation Department May 5,2014 Agenda ItemNo.: A Resolution authorizing the City Manager to enter into contract with Pioneer Construction Management Services,Inc. foran amount not to exceed $11,462.97 for sidewalk repairs at Marshall Williamson Park,funded by a Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD). Background:TheCityreceiveda CDBG grantthrough Miami-Dade CountyPHCDfor parkimprovementsat Marshall Williamson Park.Thegrantagreement,in the amount of$115,000,provides funding forthedemolitionof three playgrounds,installation oftwo playgrounds,park amenities,tree canopy and the repair ofsidewalks. Asa condition ofthegrant agreement,PHCD reviewed and approved theCity's solicitation priorto advertising toensurethe Invitation to Quote (ITQ)compliedwith the CDBG contract. TheCity submitted an Invitation toQuote (ITQ)#PR20l4-05 on April 3, 2014 forsidewalkrepairsat Marshall WilliamsonPark.Thesolicitation was advertised onthe City's website,Demand Star,and Miami Daily Business Review.Eight (8)submittals were received;Pioneer Construction ManagementServices,Inc.wasthelowestbidderandisin compliance with the terms of the ITQ. Vendors & Bid Amount: Expense: FUND& Account: Attachments: Please find belowa breakdown of all submitted proposals. Vendors Bid Amount B Square Construction $16,850.00 Jones Benitez Corporation $37,916.00 Leadex Corporation $18,429.00 Maggolc,Inc $16,600.00 Marks Brothers,Inc $14,911.00 Pioneer Construction Management Service,Inc $9,967.80 Pontifex Construction Group $14,297.24 OPC Builders $17,845.05 Amount not toexceed $11,462.97.Toaccountforanyunknown factors thatmay arise,a 15%contingency overthe proposal of$9,967.80is requested.The contingency account shall not exceed $1,495.17.The total possible expenditure,including contingency amount,is not to exceed $11,462.97. The expenditure shall becharged to the Marshall Williamson Construction account number 120-3304-572-6550,which hasa balance of $17,720.00 before this request wasmade. Resolution forapproval Pre-Bid Conference Sign-In Sheet Bid Opening Report Pioneer Construction ManagementServices,Incproposal SunBiz Pioneer Construction ManagementServices,Inc MiamiDade County Approval Letter of Marshall Williamson Park Improvements MiamiDailyBusiness Review advertisement General Contract /-" Bids were opened on; BID OPENING REPORT Friday.April 18.2014 after:10:00am For:ITO U PR2014-05 -Sidewalk Repair Marshall Williamson Park COMPANIES THAT SUBMITTED PROPOSALS:AMOUNT: 1.B SQUARE CONSTRUCTION /6ygSZ>-66 2.JONES BENITEZ CORPORATION 3.LEADEX CORPORATION *(2,H£ft.&D 4.MAGGOLC INC /Cp^DD.OQ 5.MARKS BROTHERS,INC 4 M^D-to 6.PIONEER CONSTRUCTION MANAGEMENT SERVICE,INC. 7.PONTIFEX CONSTRUCTION GROUP 8-(VCfWcfcrS ^/7.g^T.CtC THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk:]v4&niatv.ffic^r^l Print Name Print Name •> Witness: Print Name SUBMITTEDTO:City Clerk NAME: ADDRESS: OTY/STATE: PHONE: Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-6339 MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10:00 AM ontheduedatewill notbe accepted unless otherwise specified inthequotedocument ofatimechange.All quoteswill be submitted tothe City Clerks Office ina sealed envelope.The label ontheonthe envelope needs to read asfollows: City of South Miami MariaM.Menendez,CMC 6130 Sunset Drive South Miami,Fl.33143 Project Name:SIDEWALKREPAIR MARSHALL WILLIAMSON PARK Must inputproject name.Iflabel doesnothaveallinformation above yourquote will notbe accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit l).As a condition of award,the awarded vendor must provide a certificateofinsurancenamingthecityasadditionalinsured. AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 2) Respondentsmustcompleteandsubmitwithyourquoteaffidavitsprovidedin Exhibit 2. COMMUNITY DEVELOPMENT BLOCK GRANT (Exhibit 3) This project is funded through a federal grant,community Development Block Grant,(CDBG),through Miami-Dade County. ProposersMUST complywith CDBG requirements.Referto Exhibit 3toBidPackage. QUESTIONS: AnyRequestsfor additional information or questions mustbein writing,emailed bv10:00AMlocal time onApril16.2014to the attention of Mr.Steven Kutick.Purchasing Manager at skullck®southrhiamif1.gov. SCOPE OF WORK DESCRIPTION <TO BE COMPLETED BY CITY): PleaseRefertotheattached"Scopeof Services" CITYOF SOUTH MIAMI INVITATION TOQUOTE ITQ#PR-2014-05 LUMP SUM PROPOSAL PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: EMAIL: DUE DATE: DESCRIPTION OF WORK TOBE PERFORMED BY CONTRACTOR: South Miami Sidewalk RepairMarshall Williamson Park 6130 Sunset Drive South Miami,Fl 3143 skullck@southmlamifl.gov Item Number Item Description Unit |Qty Amount LUMP SUM TOTAL ^^4^'*W\^srx-'i'i-*^:»;-jS4i>-6t 1 Mobilization l,S TjOO 0) 2 Maintenance of Iraflic (pedestrian)I.S 2-uO •oa 3 Root pruning (as needed)in -ao 4 Concrete removal (as needed)-)o qo •z* 5 4"concrete sidewalk n.v»o>°°,,f \— -^"OTMfStJlVITOTAl *w*w«* compensated accordingto the quote submitted.A Mandatory Pre-quote meeting is scheduled:Friday,April 11,2014 at10AM atCity Commission Chambers at6130 Sunset Drive,South Miami,Ft33143.Contractor isresponsibleto secure allpermitsand andshouldbereflectedintheLumpSumquote.Contractormaychoosetosubmitaquoteoncompanyletterheadbutmustbe be attached with thisform.Deadline tosubmitis:Friday,April 18,2014at10AM 7uelffftioneercms,c<>nr,ya.sniin@pioneercms.com Pioneer Construe!ion Management Services,inc. 6114 NW 7th Ave 954-893-8013 F.E.I.N.No.:4/1-2 1.1 l\I 2/6 /,8./.0_ Cl*y:Miami State:Fl.33)27 THEEXECUTION OFTHISFORM CONSTITUTES THEUNEQUIVOCAL OFFER OFPROPOSER TOBEBOUNDBYTHETERMSOFITSPROPOSALFAILURE TOSIGNTHISSOLICITATION WHEREINDICATED ABOVEBYAN AUTHORIZED REPRESENTATIVE SHALLRENDERTHEPROPOSALNON-RESPONSIVE.THEOTYMAY,HOWEVER,IN ITS SOLEDISCRETION,ACCEPT ANYPROPOSALTHAT INCLUDES AN EKECUTED DOCUMENTWHICH UNEQUIVOCALLY BINDSTHEPROPOSERTOTHETERMSOFITSOFFER.THECITY'SREQUESTFORQUOTESISFORTHELOWESTANDMOSTRESPONSIVEPRICE.THECITYRESERVESTHERIGHTTOAWARDTHE PftOJEa TO THEFIRM CONSIDERED THEBESTTOSERVETHECITY'S INTEREST. CONTRACTOR IS TO COMPLETE THE SCHEDULE OF VALUES: Item Item Description Qty Units Unit Price Amount 1 Mobilization LS 1 $200.00 $200.00 2 Maintenance of traffic (pedestrian)LS 1 $200.00 $200.00 3 Root pruning (as needed)SF 1,980 $0.10 $217.80 4 Concrete removal (as needed)SY 220 $9.50 $2,090.00 5 4"concrete sidewalk SY 220 $33.00 $7,260.00 6 7 TOTAL $9,967.80 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement Under Section 287.133(3)(A),Florida Statutes,on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit/' shall becompletedand provided with the proposal submittal. 2.Neitherthe individual(s)/firm,nor any of his/her/its employees shall bepermitted to represent anyclientbeforethe Commission or anyCommittee,department or agency oftheCity,and shall agreenottoundertakeany other private representation whichmight create aconflictof interest withtheCity.The individual(s)/firm may notrepresentany Commission member,individually,or,any memberof their family orany business inwhichthe Commission memberoftheir family hasan interest 3.All proposalsreceived will be considered public records.TheCity will consider all quotations usingsuchcriteriaasthe Commission or City Manager mayadoptat eitheroftheirsole discretion.The individual(s)/firm selected will berequiredto enter intoaformal agreement withtheCityinaformsatisfactorytotheCity,prior totheexecutionofwhichtheCity shall reserveall rights,including therightto change its selection. 4.Respondent's Attachment #2 "Drug Free Workplace"form shall be completed andprovidedwiththeproposalsubmittal. 5.Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit,"shallbecompletedandprovidedwith the proposalsubmittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards,"shallbecompletedandprovidedwiththeproposalsubmittal. 7.Respondent's Attachment #5 "Related Party Transaction Verification Form"shallbe completed andprovidedwiththe proposal submittal. Page1 of 10 Attachment #1 Public Entity Crimes and Conflicts of Interest Pursuant totheprovisionsof Paragraph (2)(a)ofSection 287.133,Florida StateStatutes -"A personor affiliate who hasbeenplacedontheconvicted vendor list following aconvictionfora public entity crimemay not submit aBidona Contract to provideanygoods or services to a public entity,may not submit aBidona Contract withapublic entity for the construction or repairofapublic building orpublicwork,may not submitbidsonleases of real property toa publicentity,may not beawardedtoperform work asa Contractor,supplier,Subcontractor, orConsultantundera Contract withany public entity,andmay not transactbusinesswithany public entity in excess of the threshold amount Category Two ofSection 287.017,Florida Statutes,forthirtysix(36)months from the date of beingplacedontheconvicted vendor list". Theawardofanycontracthereunderissubjecttothe provisions ofChapter 112,Florida State Statutes.BIDDERS must disclose withtheir Bids,thenameofany officer,director,partner, associateoragentwhoisalsoanofficeroremployeeof the CityofSouth Miami orits agencies. SWORN STATEMENTPURSUANTTOSECTION 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to CitY of South Miami [printnameofthe public entity] by D.Ruel Miles,President [print individual's nameandtitle] for Pioneer Construction Management Services,Inc, [printnameof entity submitting sworn statement] whose business address is 6114 NW 7th Ave Miami,FL 33127 and (if applicable)its Federal Employer Identification Number (FEIN)is 41-2242680 (If theentity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement:.) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Florida Statutes,means a violation of any state or federal law bya person with respect to and directly related tothe transaction of business with any public entityorwith an agency or political subdivision ofanyotherstateorofthe United States,including,butnot limited to,any bid or contract for goods or services tobe provided to any public entity oranagencyor political subdivision ofany other stateor of theUnitedStatesand involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133 (l)(b), Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,withor Page2 of 10 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THESUBMISSIONOFTHISFORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY,AND THAT THISFORMISVALID THROUGH DECEMBER 31 OFTHE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AMREQUIRED TO INFORMTHE PUBLIC ENTITYPRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE INTHE INFORMATION CONTAINED IN THIS FORM. (Type of identification) (Printed,typedorstampedcommissionednameofnotary public) Form PUR 7068 (Rev.06/11/92)*n A n J*"Hfa.Notary Public State ofFlorida f\M%Melaine Malcolm 13l^£»x7 My Commission EE 159118 -^orf^Expires 01/11/201$ Sworn to and subscribed before me this 18th day of April t 20 14 y Personally known or Produced identification Notary Public -State of p[o<-;Jj,c\ My commission expires \I tt hv^ Page4 of10 Attachment #2 "Drug Free Workplace" Whenever two or more Bidswhichareequalwith respect toprice,qualityandserviceare receivedby the State or byanypoliticalsubdivisionsforthe procurement of commodities or contractual services,aBid received fromabusiness that certifies that ithas implemented a drug-free workplace programshallbegiven preference in the awardprocess.Established proceduresforprocessingtieBidswillbefollowedifnoneofthetied vendors haveadrug-free workplace program.In order tohaveadrug-freeworkplaceprogram,abusiness shall: 1.Publish a statement notifyingemployeesthatthe unlawful manufacture,distribution, dispensing,possession,or use of acontrolledsubstanceisprohibitedintheworkplace andspecifying the actions that willbetaken against employees forviolationsofsuch prohibition. 2.Inform employeesaboutthe dangers ofdrugabuseintheworkplace,the business' policy of maintaining adrug-freeworkplace,any available drugcounseling,rehabilitation, andemployee assistance programs,andthe penalties thatmaybeimposedupon employees fordrugabuseviolations. 3.Give eachemployee engaged in providing thecommoditiesor contractual servicesthat areunder Bid acopyofthe statement specifiedinSubsection (I). 4.In thestatement specified in Subsection (I),notifythe employees,that,asa condition of workingonthecommoditiesor contractual servicesthatareunder Bid,theemployee will abide bythetermsofthestatementand will notifytheemployerofany conviction of,or plea of guilty ornolo contender to,any violation of Chapter 893 orof any controlled substance law ofthe United States or any state,fora violation occurring in theworkplacenolaterthanfive(5)days aftersuchconviction. 5.Impose a sanction on,orrequirethe satisfactory participation ina drug abuse assistance or rehabilitation program,if such is available in the employee's community,by any employee who isso convicted. 6.Make a good faith effortto continue to maintain a drug-free workplace through implementation of this section. Asthe person authorized to sign the statement,I certify that this firm complies fully withthe above requirements. PROPOSER'S Signature: Print Name:1).RUei Miles Date:04.18.14 Page5 of 10 Attachment #3 "No Conflict of Interest/Non Collusion Affidavit" Submittedthis18thdayof April _,2014 The undersigned,as Bidder/Proposer,declares thatthe only persons interested in this RFP are named herein;that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person;and that this response isinevery respect fairandmadeingoodfaith,without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted,to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY,forthe performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number:Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal,as principals,are asfollows: ;Name ,•;.\:•:';••;-;v;-".;.v^Screet Address .,;•"••*':i:•/.'City.•••:;:•,.State ...::-Zip..'. ^^HBj^^j^^HH ^^^^^^^^^^H ^^B^^^H IBI1^^H^^^|HH•HH The Bidder/Proposer further certifies thatthis response/submission complies with section 4(c)ofthe Charter oftheCityof Miami,Florida,that,tothebestofits knowledge and belief,no Commissioner, Mayor,or other officer or employee ofthe CITY hasaninterest directly or indirectly inthe profits or emolumentsoftheContract,job,work or service to which the response/submission pertains. Printed Name:D-Ruel Miles Title:President Telephone:954-893-6021 Company Name Pioneer Construction ManagementServices,Inc. Continuation ofAttachment #3No Conflict ofinter/Non-Collusion Certification Page6 of 10 NOTARY PUBLIC: STATE OF COUNTY OF Florida Broward The foregoing instrument was acknowledged before me this 18th day of April _>2014 by D»Ruel Miles .(name of personwhosesignatureisbeingnotarized)whois SEAL Notary Public Stateof Florida Melaine Malcolm My Commission EE159118 Expires01/11/2016 j/Personally known to me,or Personal identification: Type of IdentificationProduced \/Did take an oath,or Did Not take an oath. fluffed*!voA^Q)^- (NameofNotary Public:Print,Stamp or type as commissioned.) FAILURE TO COMPLETE SIGN.&RETURN THISFORM MAY DISQUALIFY YOUR RESPONSE Page7 of 10 Attachment #4 'Acknowledgement and Conformance with OSHA Standards'1 TO THE CITY OF SOUTH MIAMI We,Pfe"**Construction Management Services,inc.(Name ofContractor),hereby acknowledge and agree that as Contrartors for this Solicitation,as specified have the sole responsibility for compliance with all the requirements ofthe Federal Occupational Safety and Health Actof 1970,and all State and local safety and health regulations,and agree to indemnify and hold harmless the City of South Miami against any and all liability,claims,damages,losses and expensestheymay incur duetothe failure of (subcontractor's names): to comply with suchact or regulation. CONTRACTOR Pioneer Construction Management Services,Inc. BY:D.RuelMile, Name President Title FAILURE TO COMPLETE.SIGN.&RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page8 of 10 ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM0 Pioneer Construction I P.Ruel Miles ^individually and on behalf of Management Services,Inc. ("FinrTJhave Nameof Representative CompanylVendor/Entity readtheCityofSouth Miami ("City'ys Code ofEthics, Section 8A-1 oftheCity's Code ofOrdinancesand I herebycertify,underpenaltyofperjury that to thebestofmy knowledge,information andbelief: (1)neither I northeFirmhaveanyconflictof interest (asdefinedinsection8A-I)withregardtothe contract or business that I,and/or the Firm,am(are)about toperformfor,or to transact with,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyonewhohasa financial interest greater than 5%inthe Firm,hasany relative(s),as defined in section 8A-I,whoisan employee oftheCityorwho is(are) anappointedorelected official oftheCity,orwhois(are)amemberofany public bodycreatedbytheCity Commission,i.e.,aboard or committeeofthe City[See Note #1 below],and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan 5%inthe Firm,noranymemberof those persons'immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransacted or entered intoanycontract(s)withtheCityorhasa financial interest,direct or indirect,inanybusinessbeingtransacted withthecity,orwithanyperson or agency actingforthe city,other thanas follows: of necessaryusea separate sheet to supplyadditionalinformation that willnotfitonthislinebutmake reference on thelineabove to the separate sheet,i.e.,"seeattachedadditionalinformation"andmakereferencetothis document andthis paragraph ontothe additional sheet which additional sheetmustbe signed under oath).[See Note #I below];and (4)no elected and/orappointed official or employee ofthe City of South Miami,or any oftheir immediate family members (i.e.,spouse,parents,children,brothersand sisters)has a financial interest,direcdy or indirecdy.inthe contractbetweenyouand/oryour Firm andtheCity other thanthe following individuals whoseinterestisset forth following theiruseaseparate names: (ifnecessaryuseaseparate sheet tosupplyadditionalinformation that willnot fit onthislinebutmake reference onthelineabovetothe separate sheet,i.e.,"seeattachedadditional information"and make reference tothis document and this paragraph ontothe additional sheet which additional sheet must be signed under oath).The names of all City employees and thatof all elected and/or appointed city officials or board members,who own,directly or indirectly,anInterestof five percent (5%)or moreofthetotalassetsof capital stockinthe firm areas follows: (if necessary usea separate sheet to supplyadditional information that will not fitonthisline but make reference on thelineabovetotheseparatesheet,i.e.,"seeattachedadditionalinformation"andmakereferencetothis document and this paragraph ontothe additional sheetwhich additional sheet must be signed under oath).[See Note #I below] (5)I and the Firm further agree notto use or attempt to use any knowledge,property or resource which may cometousthrough our positionoftrust,orthroughourperformanceofourdutiesunderthetermsofthe contractwiththe City,tosecurea special privilege,benefit,or exemption for ourselves,orothers.Weagreethat we may not disclose oruse information,not available to members ofthe general public,forour personal gain or Note #I:While theethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwith more than 15 employees,the statement inthissection shall bebasedsolelyonthe signatory's personal knowledgeandhe/she is not required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatementinthissection shall bebasedsolelyonthe signatory's personal knowledge andhe/sheisnot required tomake an independent investigationastotherelationshipofemployeesorofthosewhohavea financial interest intheFirmor of the financial interestintheFirmofcityemployees,appointed officials ortheimmediate family membersofelectedand/or appointedofficial oremployeeorastothe relationship bybloodor marriage ofemployees,officers,or directors ofthe Firm, orofanyoftheirimmediate family toany appointed orelected officials oftheCity,ortotheirimmediate family members. benefit or for the personal gain or benefit ofany other person or business entity,outside ofthe normal gain or benefitanticipated throughthe performance ofthecontract. (6)Iand the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting forthe City,and that we have not appeared in representation of any third party beforeany board,commission or agency oftheCitywithin thepasttwo years otherthanas follows: _(if necessary useaseparatesheetto supply additional Information that will not fit on this line butmake reference onthe line above tothe separate sheet,i.e., "seeattached additional information"and make reference to this document and this paragraph ontothe additional sheet which additional sheetmustbe signed under oath). (7)Neither I nor any employees,officers,or directors ofthe Firm,nor any oftheir immediate family (i.e.,asa spouse,son,daughter,parent,brotheror sister)is related by blood or marriage tx>:(i)any member ofthe City Commission;(ii)any city employee;or (Hi)any member of any board or agency oftheCityotherthanas follows: (ifnecessaryuseaseparatesheetto supply additional information that will not fit onthis line but make reference onthe line above tothe separate sheet,i.e.,"see attached additional information"and make reference to this document and this paragraph ontothe additional sheet which additional sheetmustbe signed under oath).[See Note #1 below];and. (8)NoOther Firm,nor any officers or directors ofthatOther Firm or anyone who has a financial interest greater than 5%inthatOther Firm,nor any memberofthose persons'immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any of my immediate family members (hereinafter referred toas "Related Parties")has responded toa solicitation bytheCityin which I orthe Firm that I representor anyone who has a financial interestgreaterthan 5%inthe Firm,oranymemberofthose persons'immediate family (i.e.spouse,parents, children,brothersandsisters)havealsoresponded,otherthanthe following: .(ifnecessaryuseaseparatesheetto supply additional information that will notfitonthis line but make reference onthe line above tothe separate sheet,i.e.,"see attached additional information"and make reference tothis document andthis paragraph ontothe additional sheet which additional sheetmustbe signed under oath),[while the ethics code still applies,ifthe person executing thisformis doing soon behalf ofa firm whosestockis publidy traded,thestatementinthis section (8)shall be basedsolelyonthesignatory'spersonal knowledge and he/she isnotrequiredtomakeanindependent investigation intotheOther Firm,orthe Firm he/she represents,astotheir officers,directorsor anyone having a financial interestinthose Firms oranyoftheiranymemberofthosepersons'immediate family.] (9)I andthe Firm agreethatweare obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers tothis document.Specifically,afterthe opening ofany responses to asolicitation,I and the FirmhaveanobligationtosupplementthisVerificationFormwiththenameof all Related Parties whohavealsorespondedtothesame solicitation andto disclose the relationship ofthose parties to me and the Firm. (10)A violation oftheCity's Ethics Code,the giving ofany false information orthe failure to supplement this Verification Form,maysubjectmeorthe Firm to immediate termination ofanyagreementwiththe City,andthe impositionofthe maximum fineand/oranypenaltiesallowedby law.Additionally,violations maybeconsideredby andsubjecttoactionbythe Miami-Dade County Commission on Ethics.Underpenaltyof perjury,I declarethat I Note #I:While the ethics code still applies,if the person executing thisformIsdoingsoon behalf ofafirmwith more than 15 employees,the statement in this section shallbebasedsolelyonthe signatory's personal knowledge andhe/sheis not required to make an independent investigation astotherelationshipof employees;if the firmisapubliclytraded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have afinancial interest in the Firmor of the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed official or employee oras to the relationship by blood or marriage of employees,officers,or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City,or to their immediate family members. iffcu-t toinvestigatethematterstowhich I amattestinghereinaboveandthatthestatements 5_g_r.UjB andcorrecttothebestof my knowledge,information and belief. PrintName&Title:P.Ruel Miles,President Date:04.18.14 ATTACHED; Sec.8A-I -Conflict of interest and code of ethics ordinance. MunicodePage I0f4 Sec.8A-1.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe "City ofSouth Miami Conflictof Interest and Code ofEthics Ordinance."This section shallbeapplicable to allcity personnel asdefinedbelow,andshallalso constitute a standardof ethical conductandbehaviorfor ail autonomous personnel,quasi-judicial personnel,advisory personnel anddepartmentalpersonnel.The provisions ofthissection shall be applied ina cumulative manner.By way of example,andnotasa limitation,subsections (c)and(d)may be applied tothesamecontractor transaction. (b)Definitions.Forthepurposesofthissectionthe following definitions shall be effective: (1)Theterm "commission members"shall refertothemayorandthemembersofthecity commission. (2)Theterm "autonomous personnel"shall refertothemembersof autonomous authorities,boardsand agencies, suchasthecitycommunityredevelopmentagencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refertothemembersofthe planning board,the environmental review and preservation board,thecodeenforcementboardandsuchother individuals,boardsand agencies ofthecityas perform quasi-judicial functions. (4)Theterm "advisory personnel"shall refertothe members ofthose city advisory boards and agencies whose soleor primary responsibility istorecommend legislation orgiveadvice tothecity commission. (5)Theterm "departmental personnel"shall refertothedry clerk,the city manager,department heads,the city attorney,andallassistantstothecityclerk,citymanagerandcityattorney,howevertitled. (6)Theterm "employees"shall referto all other personnel employed bythe city. (7)Theterm "compensation"shallrefertoanymoney,gift,favor,thingofvalueor financial benefit conferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm "controlling financial interest"shall refertoownership,directly or indirectly,oftenpercentormore oftheoutstandingcapitalstockinanycorporationoradirectorindirectinterestoftenpercentormoreina firm, partnership,or other businessentityatthetimeoftransactingbusinesswiththecity. (9)The term "immediate family"shallrefertothespouse,parents,children,brothers andsistersoftheperson involved. (10)Theterm"transactany busfness"shall refertothepurchaseorsalebythecityof specific goodsorservices for consideration andto submitting abid,a proposal inresponsetoa RFP,astatementof qualifications inresponse toarequestbythecity,or enteringintocontractnegotiationsfortheprovisiononanygoodsorservices, whichever first occurs. (c)Prohibitionon transacting businesswiththe city. Note #I:While the ethics code stillapplies,if the person executing thisformisdoingsoon behalf of afirm with more than 15 employees,the statement inthis section shallbebasedsolelyonthesignatory'spersonal knowledge andhe/sheIs not requiredtomakean independent investigationastotherelationshipofemployees;ifthefirmisapubliclytradedcompany, the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeand he/she isnotrequiredtomake an independent investigation asto the relationship of employees or of those whohaveafinancial interest In the Firmor of the financial interest in the Firmofcity employees,appointedofficialsorthe immediate family members of elected and/or appointedofficialor employee orasto the relationshipbybloodormarriageof employees,officers,ordirectorsoftheFirm, orofanyoftheir immediate familytoanyappointedorelectedofficialsoftheCity,ortotheir immediate family members. No person included in the terms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enter into anycontractortransact any business in which thatpersonora member ofthe immediate family hasa financial interest,directorindirectwiththecityoranypersonor agency acting forthe city,andanysuch contract, agreement or business engagement entered inviolationofthis subsection shall render the transaction voidable. Willfulviolationof this subsection shall constitute malfeasanceinofficeandshallaffect forfeiture ofoffice or position.NothingInthissubsection shall prohibit or make illegal: (1)The payment of taxes,special assessments or fees for services provided bythe city government; (2)The purchase of bonds,anticipation notes orother securities that may be issued by the city through underwriters or directlyfromtime to time. Waiver of prohibition.The requirements ofthis subsection may be waived fora particular transaction only byfour affirmative votesofthecity commission after public hearing upon finding that: (1)An open-to-all sealed competitive proposal has been submitted bya city person as defined in paragraphs (b)(2), (3)and(4); (2)The proposal has been submitted by a person or firm offering services within the scope ofthe practice of architecture,professional engineering,orregistered land surveying,as defined bythe laws ofthestateand pursuanttotheprovisionsoftheConsultants'CompetitiveNegotiationAct,andwhentheproposalhasbeen submittedbyacitypersondefinedinparagraphs(b)(2),(3)and(4); (3)Thepropertyor services tobe involved inthe proposed transaction are unique andthecitycannot avail itself ofsuch property or serviceswithoutenteringatransactionwhichwouldviolatethissubsectionbut forwaiverofits requirements;and (4)Thattheproposedtransaction will beinthebestinterestofthe city. This subsection shall be applicable onlyto prospective transactions,andthecity commission may innocase ratify a transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbeconstruedto amend or repeal any other law pertainingtothesamesubjectmatter. (d)Further prohibition on transacting businesswiththecity. Noperson included intheterms defined in paragraphs (b)(1)through (6)andin paragraph (b)(9)shall enterinto any contract ortransactanybusinessthrougha firm,corporation,partnership or businessentityinwhich that personoranymemberoftheimmediate family hasa controlling financial interest,director indirect,withthecity or anyperson or agencyactingforthecity,andanysuch contract,agreement or businessengagemententeredin violation ofthissubsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,noperson included intheterm defined in paragraph (b)(1)shall voteonor participate in any way in anymatterpresentedtothecity commission ifthatpersonhasanyofthe following relationships withanyofthe personsorentitieswhichwouldbe or mightbedirectly or indirectly affected byanyactionofthecity commission: (I)Officer,director,partner,of counsel,consultant,employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,orcreditor,ifinanyinstancethetransaction or matter wouldaffectthe persondefinedinparagraph (b)(1)inamannerdistinctfromthemannerinwhichitwouldaffectthe public generally.Any person included intheterm defined in paragraph (b)(I)who has any ofthe specified relationships orwhowouldor might,directlyor indirectly,realize aprofitbytheactionofthecity commission shall notvoteon or participate inanywayin the matter. ffi)Gifts. (l)Definition.Theterm "gift"shall refertothetransferof anything ofeconomicvalue,whetherintheformof money,service,loan,travel,entertainment,hospitality,item or promise,orinany other form,without adequate andlawful consideration. (2)Exceptions.Theprovisionsofparagraph (e)(1)shallnotapplyto: a.Political contributions specifically authorized by state law; Note #I:While the ethics code still applies,if the person executing thisformisdoingsoonbehalf of afirmwith more than 15 employees,the statement in this section shallbebasedsolelyonthe signatory's personal knowledge andhe/sheis not required to make an independent investigation as to the relationshipof employees;if the firm isapublicly traded company, the statement inthis section shallbe based solelyon the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who haveafinancial interest in the Firmorof the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee orasto the relationship bybloodor marriage of employees,officers,or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City,or to their immediate family members. b.Giftsfromrelativesormembersofone'shousehold,unlessthepersonisaconduitonbehalfofathirdpartyto the delivery ofagiftthatisprohibitedunder paragraph(3); c Awardsforprofessional or civicachievement; d.Materialsuchasbooks,reports,periodicals or pamphletswhicharesolelyinformationalorofanadvertising nature. (3)Prohibitions.A person describedinparagraphs(b)(I)through(6)shall neither solicit nor demandany gift,itis also unlawful foranyperson or entitytooffer,give or agreetogive to anypersonincludedin the termsdefinedin paragraphs (b)(1)through(6),or foranypersonincludedinthe terms definedinparagraphs (b)(1)through(6)to accept or agree to accept from another personorentity,anygiftfor or becauseof. a.An official publicactiontaken,or tobetaken,orwhichcouldbetaken,or anomission or failure to takeapublic action; b.A legal duty performed ortobeperformed,or whichcouldbeperformed,or anomission or failuretoperform alegalduty; c.A legal dutyviolatedortobe violated,orwhichcouldbeviolatedbyanypersonincludedinthetermdefinedin paragraph (b)(1);or d.Attendance or absencefromapublicmeetingatwhich official actionistobetaken. (4)Disclosure.Anyperson included intheterm defined in paragraphs (b)(1)through(6)shall discloseany gift,or seriesof gifts fromanyonepersonorentity,having avalueinexcessof$25.00.The disclosure shall bemadeby filing acopyof the disclosureformrequiredby chapter 112,FloridaStatutes,for"local officers"withthecityclerk simultaneously withthe filing oftheform with theclerkofthecountyand with the Florida Secretary ofState. (f)Compulsorydisclosureby employees affirms doingbusiness with thecity. Should any person included intheterms defined in paragraphs (b)(1)through (6)be employed bya corporation, firm,partnershipor business entityin which thatpersonorthe immediate family doesnot have a controlling financial interest,andshouldthecorporation,firm,partnershipor business entityhave substantial business commitments toorfromthecityoranycity agency,orbesubjecttodirect regulation bythecityoracity agency, thentheperson shall file aswornstatement disclosing such employment andinterestwiththeclerkofthe city. (g)Exploitation of official position prohibited. Noperson included intheterms defined in paragraphs (b)(l)through(6)shall corruptlyuseorattempttousean official positiontosecurespecial privileges or exemptionsforthatpersonorothers. (h)Prohibitiononuse of confidential information. No person included intheterms defined in paragraphs (b)(1)through (6)shall accept employment or engage in anybusiness or professionalactivitywhichonemight reasonably expectwouldrequireor induce oneto disclose confidential information acquired byreasonofan official position,nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city,nor shall that person everuse such information,directly or indirectly,for personal gain or benefit (i)Conflicting employment prohibited. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall acceptother employment which wouldimpairindependenceofjudgmentintheperformanceofany public duties. (j)Prohibitionon outside employment. (I)No person included in theterms defined in paragraphs (b)(6)shall receive any compensation for services asan officer or employee ofthe city from any sourceotherthanthe city,exceptas may be permitted as follows: a.Generally prohibited.No full-time city employee shall accept outside employment,either incidental,occasional or otherwise,where city time,equipment or material is tobe used orwhere such employment or any partthereofis to be performed oncitytime. Note#I:While the ethics code stillapplies,if the person executing thisformisdoingsoonbehalfofafirmwith more than 15 employees,the statement inthissection shall bebasedsolelyonthe signatory's personal knowledge and he/she is not required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatementinthissection shall bebasedsolelyonthe signatory's personal knowledge andhe/sheisnotrequiredtomake anindependentinvestigationastotherelationshipofemployeesorofthosewhohavea financial interestintheFirmorof the financial interestinthe Firm ofcityemployees,appointed officials ortheimmediate family membersofelectedand/or appointed official oremployeeorastothe relationship bybloodor marriage of employees,officers,or directors ofthe Firm, orofanyoftheirimmediate family toany appointed orelectedofficials oftheCity,ortotheirimmediatefamily members. b.When permitted.Afull-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary,detrimental or adverse tothe interest ofthe city or any of its departments and theapprovalrequiredin subparagraph c.isobtained. c.Approval of department head required.Any outside employment by any full-time city employee must first be approved in writing bythe employee's department head who shall maintain a complete record of such employment. d.Penalty.Any person convicted of violating any provision of this subsection shall be punished as provided in section I-11 ofthe Code of Miami-Dade County and,in addition shall be subject to dismissal by the appointing authority.The city may also assess against a violator a fine notto exceed $500.00 and the costs of investigation incurred by the city. (2)All full-time city employees engaged in any outside employment for any person,firm,corporation or entity other than the city,or any ofits agencies or instrumentalities,shall file,under oath,an annual report indicating the source ofthe outside employment,the nature ofthe work being done and any amount of money orother consideration received by the employee from the outside employment City employee reports shall be filed with the city cleric The reports shall be available ata reasonable time and place for inspection by the public.Thecity manager mayrequire monthly reportsfrom individual employeesorgroupsof employees forgoodcause.. (k)Prohibited investments. No person included in the terms defined in paragraphs (b)(1)through (6)ora member ofthe immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I)Certainappearancesandpaymentprohibited. (1)No person included in theterms defined in paragraphs (b)(1),(5)and (6)shall appear before any city board or agency and make a presentation on behalf ofathirdpersonwithrespectto any matter,license,contract, certificate,ruling,decision,opinion,rate schedule,franchise,orother benefit sought by thethird person.Nor shall the person receive any compensation or gift,directly or indirectly,for services rendered toathird person,who has applied fororis seeking some benefit from the city oracityagency,in connection with the particular benefit sought bythethirdperson.Nor shall theperson appear in any courtorbefore any administrative tribunal as counselor legal advisor toapartywhoseeks legal relief from the city ora city agency through thesuitin question. (2)No person included intheterms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission oragencyonwhichthepersonserves,eitherdirectlyorthroughanassociate,andmakea presentation on behalf ofathirdpersonwithrespecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orother benefit sought bythe third person.Nor shall such person receive any compensation or gift,directly or indirectly,for services rendered toathird party who has applied fororis seeking somebenefitfromthecity commission or agency on which thepersonservesin connection withthe particular benefitsoughtbythethirdparty.Nor shall thepersonappearinanycourtorbefore any administrative tribunal as counselor legal advisortoathirdpartywhoseeks legal relieffromthecity commission or agency on which such person servesthroughthesuitinquestion. (m)Actions prohibited when financial interests involved. Noperson included intheterms defined in paragraphs (b)(I)through (6)shall participate inany official action directly or indirectly affecting a business in which thatpersonoranymemberofthe immediate family hasa financial interestA financial interestis defined inthis subsection to include,butnotbe limited to,anydirector indirectinterestinany investment,equity,ordebt. (n)Acquiring financial interests. Noperson included intheterms defined in paragraphs (b)(1)through(6)shall acquirea financial interestina project,businessentity or property atatimewhen the person believes or hasreasontobelieve that the financial interest maybedirectlyaffectedby official actionsorby official actionsbythecityorcityagencyofwhichthe person isan official,officer or employee. (0)Recommending professional services. Note #I:While the ethics code still applies,if the person executing thisformisdoingsoonbehalf of afirm with more than 15 employees,the statement inthis section shallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheisnot requiredtomakean independent investigationastotherelationshipofemployees;ifthefirmisapubliclytradedcompany, the statement inthis section shallbe based solely on the signatory's personal knowledge andhe/sheis not required to make an independent investigation as to the relationship of employees or of those who have afinancial interest in the Firmor of the financial interest in the Firm of city employees,appointed officialsor the immediate family members of elected and/or appointed officialor employee or as to the relationship by blood or marriage of employees,officers,or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City,or to their immediate family members. Nopersonincludedinthetermsdefinedinparagraphs (b)(1)through(4)mayrecommendtheservicesofany lawyer or lawfirm,architect orarchitectural firm,publicrelations firm,or any other personor firm,professional or otherwise,toassistinanytransaction involving thecity or anyofitsagencies,providedthatarecommendation may properly bemadewhen required to bemadebythedutiesof officeandinadvanceatapublicmeetingattendedby other city officials,officers or employees. (p)Continuing application after city service. (1)Nopersonincludedinthetermsdefinedinparagraphs (b)(1),(5)and(6)shall,foraperiodoftwoyearsafter his or her cityservice or employment hasceased,lobbyanycity official [asdefinedinparagraphs (b)(1)through(6)]inconnectionwithany judicial or other proceeding,application,RFP,RFQ,bid,requestfor ruling or other determination,contract,claim,controversy,charge,accusation,arrest orotherparticularsubject matter inwhich the city or oneofitsagenciesisaparty or hasany interest whatever,whether direct or indirect. Nothingcontainedinthissubsection shall prohibitany individual from submitting aroutine administrative request or application toacitydepartment or agency duringthetwo-yearperiodafterhisorherservicehasceased. (2)The provisions ofthesubsection shall not apply topersonswhobecome employed by governmental entities, 501(c)(3)non-profitentitiesor educational institutionsorentities,andwholobbyonbehalfofthoseentitiesin their official capacities. (3)The provisions ofthis subsection shall apply to all personsdescribedin paragraph (p)(l)whosecity service or employment ceased after the effective date of the ordinance from whichthis section derives. (4)Noperson described in paragraph (p)(l)whosecity service or employment ceased within twoyearspriorto the effective dateofthis ordinance shall fora period oftwo years after his orher service or employment enter intoa lobbying contractto lobby anycity official in connection withanysubject described in paragraph (p)(l)in whichthecityoroneofitsagenciesisaparty or hasanydirectandsubstantialinterest;andinwhichheorshe participated directly or indirectly through decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,during his orher city service or employment Aperson participated "directly" whereheorshe was substantially involved inthe particular subject matter through decision,approval,disapproval, recommendation,therenderingof advice,investigation,orotherwise,during hisorhercityserviceor employment A person participated "indirectly"whereheorshe knowingly participated in any way inthe particular subjectmatterthrough decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during hisorhercity service oremployment All personscoveredbythis paragraph shall executean affidavit ona form approved bythe city attorneypriorto lobbying any city official attesting thatthe requirementsofthis subsection donotprecludethepersonfrom lobbying city officials. (5)Any person who violates this subsection shall be subject tothe penalties provided in section 8A-2(p). (q)City attorney torenderopinionson request. Whenever any person included intheterms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)is in doubtastotheproperinterpretationor application ofthis conflict ofinterestandcodeofethicsordinance,or whenever any personwhorenders services tothecityisindoubtastothe applicability ofthe ordinance that person,may submit tothecityattorneya full written statement ofthe facts and questions.The city attorney shall then render an opinion to such person and shall publish these opinions without useofthe name ofthe person advisedunlessthepersonpermitstheuseofaname. (Ord No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§1,adopted 3-2-99,repealed §§8A-I and 8A-2 in their entirety and replaced themwithnew§§ 8A-I and 8A-2.Former §§8A-I and 8A-2 pertained to declaration of policy and definitions,respectively,and derived fromOrd.No.634,§§I (IA-1),I (IA-2)adopted Jan ...II.1969. Note #I:Whiletheethicscodestillapplies,ifthepersonexecutingthisformisdoingsoonbehalfofafirmwithmorethan 15 employees,thestatementinthis section shall be based solely onthe signatory's personal knowledge andhe/sheisnot required tomakean independent investigation astothe relationship of employees;ifthe firm isa publicly traded company, thestatementinthis section shall be based solely onthe signatory's personal knowledge and he/she isnot required tomake an independent investigationastotherelationshipof employees orofthosewhohavea financial interest intheFirmorof the financial interestinthe Firm ofcityemployees,appointed officials ortheimmediate family membersofelected and/or appointed official oremployeeorastothe relationship by blood or marriage of employees,officers,or directors ofthe Firm, orofanyoftheir immediate family toany appointed or elected officials ofthe City,ortotheir immediate family members. v.Hut1 ADDENDUM No.#1 Project Name:SidewalkRepair Marshall Williamson Park ITQ NO.PR20I4-05 Date:April 7,2014 Sent Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Qualifications (RFQ)Documents,andis hereby made partofthe Documents.All requirements of the Documents not modified herein shall remain in full forceand effect as originally setforth.It shall bethesole responsibility ofthe bidder tosecure Addendums that may be issued fora specific solicitation. Question #1: The package thatis available online forthe above referenced project number has missing pages.In "Exhibit 3To Bid Package startswith "Attachment A"itshows page threethen jumps to pagefiveandsoon. Pleaseadviseif those missing pages will beprovided. Answer to Question #1: Exhibit 3inITQ #PR20l4-5 references"AttachmentAto Bid Package."Exhibit 3provided in the ITQis missing pages.Acompleteversionof Exhibit 3isprovidedand attached to Addendum No.I,dated April 7,2014.Interestedparties should referto Exhibit 3,dated April 7,2014 andprovidedas Addendum No.I. IT SHALL BE THE SQLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of 1 ADDENDUM No.#2 Project Name:SidewalkRepairMarshall Williamson Park ITQ NO.PR20I4-05 Date:April 11,2014 Sent Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Request for Qualifications (RFQ)Documents,andisherebymadepartoftheDocuments.All requirementsof theDocumentsnot modified herein shall remainin full forceandeffectas originally setforth.It shall bethesole responsibility ofthebiddertosecure Addendums that may be issued fora specific solicitation. Question #1: Canyou advise the approximate squareyardsofconcretethecontractor will beexpectedto remove from the project site? Answer to Question #1: Theawarded contractor will beexpectedtoremovealikeamountof concrete that will be installedfrom the project site. Question #2: Are there any other permits,other thanthroughtheCityofSouth Miami,thatarethe responsibility of the contractor? Answer to Question #2: Thecontractoris responsible to apply for anyand all permits associated with this project. Permit fees will be waived for permits issued by the City.Thecontractormust apply for any permitsissuedby another government andisresponsiblefor those permit fees. Page1 of3 Question #3: Canthe City provide an opinion regarding the base material attheproject site? Answer to Question #3: The City is not anticipating changes in the base material.No additional base material is being consideredfortheproject.Thebase will needtobe re-compacted forthenew sidewalk installation. Question #4: Is thecontractor responsible for damage totheprojectsiteasaresultofwork performed by the contractor addressedintheScopeof Services? Answer to Question #4: Yes.Thecontractoris responsible for damage caused asaresultof performing thework addressed in the Scope of Services.This would include,but limited to,damage to;trees,grass, Cityequipment,signage,curbs,etc. Question #5: Are root barriersrequiredtobesuppliedandinstalledbythe contractor? Answer to Question #5 No root barriers willbe required forthis project Question #6: Can the Cityprovideany director for root removal,ifrequired,at the project site? Answer to Question #6: TheCity's arborist willbeworkingwiththeawarded contractor forthis project toanswer questions and provide direction for root removal,if required. Question #7: Isapartial or the entire sidewalk flags tobe replaced by the contractor? Answer to Question #7: The estimated quantitywas obtained assumingthe replacement ofthe entire flag. Page2 of 3 Question #8: CantheCityclarifyif the debrisfromthe work needstobehauledeveryday or ifa dumpster container is acceptable? Answer to Question #8: TheCitywillallow the useofa dumpster container for the debris. Question #9: Doesthis project includeDavisBaconandSection3 requirements? Answer to Question #9: Yes,for further detailsplease refer toAddendumNo.I whichincludesExhibit3of the ITQ anda complete copyof "Attachment A to Bid Package"forDavisBaconandSection3 requirements. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page3 of3 ADDENDUM No.#3 Project Name:SidewalkRepair Marshall WilliamsonPark ITQ NO.PR20I4-05 Date:April 14,2014 Sent Fax/E-mail/webpage This addendum submission is issued to clarify,supplement and/or modify the previously issued Invitation toQuote (ITQ)Documents,andisherebymadepartofthe Documents.All requirements of the Documents not modified herein shall remain in full forceand effect as originally setforth.It shall bethesole responsibility ofthe bidder to secure Addendums that may be issued fora specific solicitation. Question #1: What typeofjointwillbe required formatchingexisting concrete sidewalk? Answer to Question #1: The Miami-Dade County Public Works Manual StandardDetail RI3.I includedwithinthe scopeof work defines that thetypeofjointbetween existing andnew sidewalks isaTypeA (Open TypeJoint). Question #2; What amount ofbidbondifany will berequired? Answer to Question #2; Abid/proposalbond or performance bondis not required forthis project. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page1 of 1 CITY OF SOUTH MIAMI Addendum No.I April 7,2014 Exhibit 3 To ITQ #PR20 84-05 Attachment A to Bid to bid Package Public Housing and Community Development Federal labor Standards and Section 3 Requirements Invitation to Quote: "Sidewalk Repair at Marshall Williamson Park" imputextiuim and .,.-. GOMMUNITY DEVELOPMENT ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name:Cityof South Miami Project Name:Sidewalk Repair Marshal!Williamson Park Project Address:6125 SW 68 Street,South Miami,FL 33143 Prepared by:Cathrine JLara 03/18/2014 Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: •Notice toBidders/Prospective Contractors) •Statement of Bidder's Construction Experience •Certification Receipt •Davis-Bacon Wage Decision KL14Q168 2 02/21/2014 FL168 -Heavy •FederalLabor Standards Provisions(Form HUD-4010) •Insurance Requirements •Provisions to be Incorporated in Construction Contracts: o 1)Davis-Bacon Act, o2)Termination. o3)Access to Records and Record Retention, •Non-Collusion Affidavit •CertificationRegardingLobbying •Affirmative Action Standards •Certificationof Compliance withPart60-2:Affirmative ActionPrograms »Other Required Certifications: J.XEo^al£nDpi.pyjcne/iti^poitunity. o2)Affirmative Action, o3)Americans withDisabilitiesAct, o4)Copeland Anti-Kickback, o 5)Byrd Anti-Lobbying Amendment, o6)FullDisclosureby the Contractor/Bidder, o7)Non-Discrimination Clause, o8)Age Discrimination Act of 1975 as Amended,and o9)Section 504 oftheRehabilitationActof 1973 as Amended. Certification Regarding Drug Free Workplace (Grantees Other than Individuals) Assurance ofCompliance(Section3,HUDActof1968) Section 3 Requirements Section 3 Clause Bidder's Initial Section 3 Goals Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion -Lower Tier Transactions (Certification Documentand Instructions) EqualEmploymentOpportunity (EEO)Clause for Contractors Not Subject to Executive Order (EO 11246) Equal Opportunityfor Special Disabled Veterans and Veterans ofthe Vietnam Era Equal Opportunityfor Workers withDisabilities Noticeof Requirement for Affirmative Action toEnsure Equal Employment Opportunity (EO 11246) EqualEmploymentOpportunity(EEO)Clause for Contractors Subject toEO 11246 Certificationof Nonsegregated Facilities Noticeto Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities NoticeofRequirement-CleanWater,CleanAir,EO 11738 andEPARegulations Provision Certification ofCompliancewithFederalRegulations o Clean AirAct, o Federal Water PollutionControl Act,and o Lead-Based Paint Poisoning Prevention Act Certification Regarding Debarment,Suspension,and Other Responsibility Matters (Direct Recipient) Public Entity Crimes Affidavit 1-BID PACKAGE MiamVDade County PHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR <S) This project,in whole or in part,will be assisted through the Miami-Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant andassuch bidder must comply with Presidential Executive Order 11246,as amended;byExecutive Order 11375;Title VII ofthe Civil RightsActof1964asamended;the Davis-BaconActof 1968,as amended;theCopelandAnti-KickbackAct;theContractWork Hoursand Safety Standards Act andallotherapplicablefederal,state and local ordinance. Thebidderis required topayworkersonthis project the minimum wagesasdeterminedinthe Wage DeterminationDecisionincludedintheBidder'spackage;andthatthecontractor must ensurethat employees arenot discriminated because ofrace,color,religion,sex ornational origin. This project isalsoa Section 3 covered activity.Section 3 requires that job training, employmentand contracting opportunities be directed to very-low andlow income personsor business owners who livein the project's area. (Please use this language inthe advertisement oftheproject) 2-NOTICETOBIDDERS/PROSPECTIVECONTRACTOR(S)[CDBGJ Miami-DadeCountyPHCD Page 3 crgCj Initials STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested infomnation and documentation with the Bid package All questions must be answered and the datagiven must be clearand comprehensive.This statement must be notarized.If necessary,add separate sheets for items marked ***. 1.Prime Contractor:Pioneer Construction Management Services,Inc. 2.Prime Contractor Address:6ii4NW7thAve Miami,PL 33127 3.Nameof each principal officer of corporation,partner,firm or Individual: D.Ruel Miles,Edward Baldie 4.Genderand Ethnicity of Principals:Male,African American ,5^-Xfrropai^^ 6.Years in Business:7 7,U.S.Treasury Number.(Employer's Identification number;Federal SocialSecurity numberusedon Employer's quarterly Federal Tax/return,U.S.Treasury Department 41-2242680 License Number:cgci515488 State:Florida 8.Contractor's Certification Categories:General Contractor 9.Contracts completedinthelast five years (include themonthsandyearcompleted, use additional pages,if needed) jCompjetecj.Projects attached, 10.Contractor'son-goingconstructionprojects{Schedule these,showinggrossamountof eachcontractandthe approximate anticipated dates ofcompletion). Construction of Traffic Signal Mast Arms and Roadway Intersection lmprovement-$3Q0,00Q.00-April 2014, Cityof 19thStreetParkPre-FabricatedBathroom Building-$80,000.00-April 2014, Lulav Square Apartinems-$600,000X)0-September 2014,South Regional Courthousc-$700.000.00-July 2014, Miami Dade College-Hialeah Campus-$655,200.00-)une 2014 11.Have youever failed to complete anyworkawardedtoyourcompany?No Ifso,where and Why? Page t of2. 3-STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE MiamWDade County PHCD Page 4 Completed Major Projects Project: JobOderContract(JOC)4(South)2011 Owner: Board of CountyCommissioners of BrowardCountyFlorida 115 S.Andrews Ave,Suite 212 Fort Lauderdale,FL 33301 Ian Mitchell,Project Administrator 954-357-5675 Scope:PublicWorksJobOderContract(JOC)$2,000,000.00Bonded:2011;2012;2012- 2013 Project: Brownsville Transit Village II,III&IV 2950 NW 29 Ave, Miami,FL 33133 Owner: Brownsville Village II,Ltd. Architect: Corwil Architects,Inc. General Contractor: BJ&K Construction Inc. 970 W.McNab Rd Suite 210 Fort Lauderdale,FL 33309 Brad Runyan:954-974-9181 Scope:Flooring &Trusses;$1,424,988.00 Bid/Bonded Project: Everett Stewart Senior Village 5300 NW 29 Ave Miami,FL 33133 Owner: Carlisle Group IV,Ltd. Architect: Corwil Architects,Inc. General Contractor: BJ&K Construction Inc. 970 W McNab Rd.Suite 210 Ft.Lauderdale,FL 33309 Brad Runyan:954-974-9181 Scope:Flooring,Drywall,Trusses;$808,987.00 Bid/Bonded PIONEER ODHVraUCRQM MAUAfiBWPfT aBMACW UlcTV Project Hendry County Hurricane Shutters Greentree Drive Apartments 40 Greentree Drive, LaBelle,Florida 33935 Owner: Hendry County Board of County Commissioners,Labelle,Florida GeneralContractor:Pioneer Construction Management Services Inc. Scope:Shutters $279,846.18 Bid/Bonded Date Completed:November 2011 Janet E.Papinaw 640 South Main Street #116 LaBelle,FL 33935 863-675-5264 Project: Phased Replacement Parkway Middle School 3600 NW 5th Court Lauderhill,FL33311 Owner: SchoolBoard of Broward County Florida General Contractor: Balfour Beatty Construction,LLC 7901 SW 6th Ct.,Suite 200 Plantation,FL 33324 James Turner:954-868-5509 /954-585-4323 Scope:Flooring;$234,544.00 Bonded DateCompleted:February 2011 Project Ready Mixed Contract Owner: Broward County Board of County Commissioners General Contractor:PioneerConstructionManagementServices,Inc. Scope:Provide Ready Mixed Concrete$216,000.00Bid Date Completed:February 26th 2014 Anh L.Ton 1600 NW 30th Ave.,Pompano Beach,FL.33069 954-357-6040 12.Haveyoueverdefaultedona Contract?No Please explain onaseparatesheet. 13.Through whatpersonnelor affiliations doyouproposeto provide knowledgeof local design and construction problems and methods? PCMS personnel 14.a)Theundersignedhasattacheda detailed financial statementand furnish any other information thatmaybe required by Miami-Dade OfficeofCommunityand Economic Development? 2><( (initiate) The Bidder promises to defend,indemnify and hold harmless the City of south Miami (agency name)and Miami-DadeCountywithregardtoany disclosures orinformation received,whether at trial,in arbitration or on appeal._ (Inilfels)( 15.The Bidder authorizes any person,firm corporation,organizationor governmental unit to act ona copy of the submitted financial statement 72M (initials) 17.The undersigned hereby authorizes and requests any person,firm,corporation,or governmental unit,tofurnishany information requested bythecityof South Miami (name of agency)in verification of the recitals comprising this statement of bidder's experience 2tdL [initials^ SUBSCRIBED AND SWORN TO (or^^^^^fafeme on April 18th,2014 Date ^^^ By.D.Ruel Miles (Affiant) He/Stifejs personally known to me or Hte^prgfcr&nted as identification. (Type of Identification) (Signature ofNotary)fYVJeu -vs.vAJ)^Xwv.(Serial Number) 9*1M\Melaine Malcolm*3t X My CormniBS«on EE 159118 ,%%Zr Expiraa 01/11/2016(Print or Stamp Name of Notary)(Expiration Date) Notary SealNotary Public (State)VI <>r\<A^^ Page 2of2 3-STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County PHCD Page 5 Notary Public Slate ofFlorida 1:56 PM 03/27/14 Accrual Basis Pioneer Construction WIgmt.Services,Inc Profit &Loss January through December 2013 Ordinary IncomefExpense Income 30100 *Sales 30300 'Contract Revenue Total Income Cost of Goods Sold 50000 *Cost of Goods Sold 50300 •Purchases-Materials 52800 •Auto and Truck Expense 53500 •Estimating Costs 53900 *Equipment Rental 55100 -Permit/License 57200 •Subcontract Costs 57400 *Miscellaneous Job Costs Total COGS Gross Profit Expense 66900 • 70400 • 71000 • 71400 • 72400 • 72600 • 72800 • 73600 • 73800 * 73900 • 74200 • 75600 • 75620 ♦ 75630 « 75B00 • 76000 • 76100- 76200 • 76600 • 77200 • 77800 • 78000 • 79400 • 79600 • 79700 • 80000 • 80400 - 80600 * 82000 • 82800 • 83400 • Reconciliation Discrepancies Advertising and Promotion Automobile Expense Bank Service Charges Computer and Internet Expenses Charitable Contributions Consulting Fees Dues and Subscriptions Continuing Education Freight Expense Meals and Entertainment Insurance Expense Genera!Liability Insurance Worker's Compensation Life &Health Insurance Interest Expense Janitorial Expense Legal Fees Business Licenses and Permits Office Expense Outside Services Payroll Postage and Delivery Printing and Reproduction Advertising/Promotion Professional Fees Rent Expense Repairs and Maintenance Telephone Expense Travel Expense Utilities Total Expense Met Ordinary Income Net Income Jan -Dec 13 233,836.32 2,933,835.25 3.227,471.57 23,095.76 668,681.90 2.953.77 625.56 74,661.49 498.50 1,399,976.23 1,885.60 2,172,378.81 1,055,092.76 0.00 959.77 25,033.98 3,108.31 9.515.05 4,490.00 63,993.80 9,313.28 5,574.46 1,596.53 13,462.31 41.659.69 33,767.01 5,590.53 2,095.98 35,480.32 8,735.40 71,361.58 26,396.99 20.037.76 48.00 166,719.54 6,539.93 6.258.02 3.479.83 43r033.76 29,115.15 14,044.80 11.130.65 13,001.12 4,134.60 679,678.15 375.414.61 375,414.61 Page 1 1:68 PM 03/27/14 Accrual Basis Pioneer Construction Mgmt Services,Inc Balance Sheet As of December 31,2013 Dec 31,13 ASSETS Current Assets Checking/Savings 10530 •City National Bank Checking 10540 •City National Bank CD 5462 10545 •City National Bank of Florida 10560 •Citibank 501,251.80 25.000.00 100.000.00 14,00 Total Checking/Savings 626.265.90 Accounts Receivable 11000 'Accounts Receivable 11010 •Retalnage Receivable 407,827.51 250.115,12 Total Accounts Receivable 657,942.63 Other Current Assets 12100 ♦Inventory Asset 12600'Loan Advance 12601 •Loan 1,091.98 17,265.00 2,500,00 Total Other Current Assets 20,876.98 Total Current Assets 1,305,085.51 Fixed Assets 16800 •Machinery &Equipment 15900 •Computer Equipment 18600 'Accumulated Depreciation 3.774.55 796;05 -431,00 Total Fixed Assets 4,139.60 TOTAL ASSETS 1,309,225.11 LIABILITIES &EQUITY Liabilities Current Liabilities Accounts Payable 20000'Accounts Payable 20010 •Retalnage Payable Total Accounts Payable Other Current Liabilities 21001 -Depository Receipts 21005 -SUTA Payable 23000 •Billings In Excess 24000•Payroll Liabilities 24B01 •Loan Payable City National 24802 *Loan Payable # 24803 •City National Loan 24804 •Loan SBFS Total Other Current Liabilities Total Current Liabilities Long Term Liabilities 26000 •Loan Payable -Stockholder Total Long Term Liabilities Total Liabilities Equity 28100 •Capital Stock 28600 •Retained Earnings 29010 •Shareholders Contribution Net Income Total Equity TOTAL LIABILITIES &EQUITY 284,122.80 83,201.76 367,404.56 -2,272.25 -2,831.46 -283.04 9,267.65 -2,483.45 -300.00 119.737.50 14,925.02 135,759.97 503.164.53 104,648.68 104,648.68 607,813.21 1,000.00 96.922.53 228,074.76 375,414.61 701,411.90 1,309,225.11 Pagel CERTIFICATION RECEIPT Thisisto acknowledge receiptofacopyof the U.S.Department ofHousing and Urban Development FederalLabor Standards Provisions (HUD Form4010)concerning the project Sidewalk Repair at Marshall Williamson Parte (Name of project) Further,I hereby certifythat I have on this date,read,examined,understood and acknowledge thecontentsofU.S.Department of Labor requirements,particularly the requirements contained in Wage General Decision Number FL140168 2 02/21/2014 FL168- Heavv that is applicable tothis project I hereby agree toabideby the requirements of the FederalLabor Standards Provision issued by the United States Department of Housing and Urban Development and described inForm HUD-4010 and those requirements contained in Wage General Decision Number FL140168 2 02/21/2014 FL168 -Heavy for this project. Agency Name:Employer ID #/FID#: City of South Miami 41-2242680 Full Address (including City,ST and Zip)and Email Address 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: Print Name: D.Ruel Miles Check one,as applicable: V Contractor Subcontractor Other ruel@pioneercms.com yasmin@pioneercms.com alvero@pioneercms.com sasha@pioneercms.com Title: President A -CERTIFICATION RECEIPT Mlaml-Dade County PHCD Page 6 General Decision Number:FL140168 02/21/2014 FL168 Superseded General Decision Number:FL20130168 State:Florida Construction Type:Heavy County:Miami-Dade County inFlorida. HEAVY CONSTRUCTION PROJECTS (Including SewerandWater Lines) ition Number Publication Date 0 01/03/2014 1 02/07/2014 2 k 02/21/2014 ELEC0349-007 09/01/2012 Rates Fringes ELECTRICIAN Total value of Electrical workon Prcrj Set"including "'"' materials over $2,000,000...$30.11 9,56 Total value of Electrical work on Project including materials under $2,000,000..$27.15 9.18 ENGI0487-017 07/01/2013 Rates Fringes OPERATOR:Backhoe (Except Loader Combo)$28.32 8.80 OPERATOR:Crane All Tower Cranes (Must have 2 operators)Mobile, Rail,Climbers,Static- Mount;All Cranes with Boom Length 150 Feet & Over (Withor without jib) Friction,Hydro,Electric or Otherwise;Cranes 150 Tons &Over (Must have 2 operators);Cranes with 3 Drums (When 3rd drum is rigged for work);Gantry & Overhead Cranes;Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice); Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union;& All Type of Flying Cranes; Boom Truck $29.05 8.80 Cranes with Room Length Page iof5 http;//wdoLgov/wdol/scafiles/davisbacon/FL168.dvb?v=2 3/18/2014 Less than 150 Feet (With or without jib);Hydro Cranes 25 Tons &Under,& Over 50 Tons {With Oiler/Apprentice);Boom Truck OPERATOR OPERATOR OPERATOR Drill,. Loader, Oiler,. IRON0272-005 04/01/2013 IRONWORKER,STRUCTURAL... LAB01652-004 03/15/2013 LABORER:Grade Checker... *PAIW0365-007 08/01/2013 PAINTER:Brush,Roller and Spray , SUFL2009-164 06/24/2009 CARPENTER,Includes Form Work.. CEMENT MASON/CONCRETE FINISHER. LABORER:Common or General.... LABORER:Landscape LABORER:Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) OPERATOR:Asphalt Paver.. Backhoe LoaderOPERATOR Combo... OPERATOR: OPERATOR: OPERATOR: OPERATOR: Bulldozer.... Excavator.... Grader/Blade. Mechanic OPERATOR:Roller. .$28.32 .$25.80 .$25.64 .$22.99 Rates .$23,59 Rates .$14.50 Rates .$19.50 Rates .$17,00 .$16.61 .$13.09 .$7.25 .$10.63 .$11.59 ,$16.10 .$14.95 ,$21.16 .$16.00 .$14.32 ,$10.95 http://wdol.gov/wdol/scafiles/davisbacon/FL 168.dvb?v=2 8.80 8.80 8.80 8.80 Fringes 5.93 Fringes 4.67 -Fringes 8.93 Fringes 2.51 5.52 1.26 0,00 2.20 0.00 2.44 0.81 1.67 2.84 0.00 0.00 Page 2 of5 3/18/2014 OPERATOR:Scraper $11.00 1,74 OPERATOR:Trackhoe ,$20.92 5.50 OPERATOR:Tractor $10.54 0.00 TRUCKDRIVER,IncludesDump Truck $9,60 0.00 TRUCK DRIVER;Lowboy Truck $12.73 0.00 TRUCK DRIVER:Off the Road Truck •$12.21 1.97 WELDERS -Receive rateprescribedforcraft performing operationtowhichweldingisincidental. SIM.J J.I.-.1Uii^iSZSi Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contfaclTclliuseT* (29CFR5.5(a)(1)(ii)). The body of each wage determination lists the classification andwageratesthathavebeenfoundtobeprevailingforthe citedtype(s)of construction intheareacoveredbythewage determination.The classifications arelistedin alphabetical orderof"identifiers"that indicate whethertheparticular rate is union or non-union. Union Identifiers An identifier enclosed in dotted line3beginningwith characters other than MSUM denotes that the union classification and rate have found tobe prevailing forthat classification.Example:PLUM0198-005 07/01/2011.The first four letters ,PLUM,indicate the international union and the four-digit number,0198,that follows indicates the local union number or district council number where applicable ,i.e., Plumbers Loca3 0198.The next number,005inthe example,is an internal number used in processing thewage determination. Thedate,07/01/2011,following these characters isthe effective date ofthe most current negotiated rate/collective bargaining agreement which would be July 1,2011inthe above example. Union prevailing wage rates will be updated to reflect any changes inthe collective bargaining agreements governing the rates. 0000/9999:weighted union wagerateswillbe published annually Page 3of5 http://wdoI.gov/wdol/scafiles/davishacon/FL168.dvb?v=2 3/18/2014 each January. Non-Union Identifiers Classifications listed under an "SU"identifier were derived fromsurveydatabycomputingaverageratesandarenotunion rates;however,thedatausedincomputingtheseratesmay include both union and non-union data.Example:SULA2004-Q07 5/13/2010.SUindicatestheratesarenotunionmajority rates, LA indicates the State of Louisiana;2004isthe year ofthe survey;and007isaninternalnumberusedin producing the wage determination.A 1993 or later date,5/13/2010,indicates the classifications and rates under that identifier were issued asa General Wage Determination on that date. Surveywagerateswillremainineffectandwillnotchange untila new surveyisconducted. WAGE DETERMINATION APPEALS PROCESS 1.)Hasthere been an initial decision inthe matter?Thiscan be: *an existing published wage determination *a survey underlying awage determination *aWageandHourDivisionlettersettingfortha position on a wage determination matter *aconformance (additional classificationand rate)ruling Onsurveyrelatedmatters,initialcontact,including requests forsummariesof surveys,shouldbewiththeWageandHour Regional Officefortheareainwhichthesurveywas conducted becausethoseRegional Offices haveresponsibilityforthe Davis-Bacon surveyprogram.Ifthe response fromthis initial contactisnot satisfactory,thenthe process described in2.} and 3.)should be followed. Withregardtoanyothermatternotyetripefortheformal process described here,initial contact should be with the Branch of Construction Wage Determinations.Write to; Branch of Construction Wage Determinations Wage and Hour Division U.S.Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 2.)Iftheanswertothequestionin 1.)is yes,thenan interested party (those affected bythe action)can request reviewand reconsideration fromtheWageandHour Administrator (See29 CFR Part1.8 and 29 CFR Part7).Write to: Wage and Hour Administrator U.S.Department of Labor 200 Constitution Avenue,N.W. Page 4of5 http://wdol.gov/wdol/scafiles/davisbajCon/FLl 68.dvb?v=2 3/18/2014 Page 5of5 Washington,DC 20210 The request shouldbe accompanied bya full statement of the interested party's position and by any information (wage payment data,project description,areapractice material, etc.)that the requestor considers relevanttotheissue. 3.)If the decision of the Administrator is not favorable,an interested partymayappeal directly tothe Administrative ReviewBoard (formerly theWageAppeals Board).Write to: Administrative Review Board U.S.-Department of Labor 200 Constitution Avenue,N.W. Washington,DC 20210 4.)All decisions bythe Administrative ReviewBoardarefinal. ^a^taa*"3eggie^Eatagg,;^T;^i:^''^-'fg'*^*~T~*~*^?'^?s^g^,~r*y^M~ END OF GENERAL DECISION http://wdol.gov/wdoI/scafiles/davisbacon/FLl 68.dvb?v=2 3/18/2014 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered bythis contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included In this Contract pursuant to the provisions applicable to such Federal assistance. A.1.(J)Minimum Wages,All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (28 CFR Part 3),the full amount of wege& 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 antlcipatad'To r ¥6na~ll3"e"lrWge "FerTefRs"" 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 29 CFR 5.5(a)(1)()v);also,regular contributions made or costs incurred formore then a weekly period (but not less often than quarterly)under plans,funds,or programs,which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard toskill,except as provided In 29CFR 6.6(a)(4). Laborers or mechanics performing work In more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided.That the employer's payroll records accurately set forth the time spent In each classification in which work is performed.The wage determination (Including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(H)and the Davis-Bacon poster (WH- 1321)shall be posted atall times by the contractor and Its subcontractors at the site of the work in a prominent and accessible,place where it can be easily seen by the workers. (II)(a)Any class of laborers or mechanics which is not listed In the wage determination and which is to be employed under the contract shall be classified In conformance with the wage determination.HUD shall approve an additiunal classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S.Department of Housing and Urban Development Office of Labor Relations (1)The worktobe performed by the classification requested is not performed bya classification in the wage determination;and (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,Including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained In the wage determination. (b)If the contractor and the laborers and mechanics to be employed in the classification (if known),or their representatives,and HUD or Its designee agree on the classification and wage rate (including the amount designated forfringe benefits where appropriate),a report of the action taken shall be sent byHUDorIts designee to the Administrator of the WBge end Hour Division, Employment Standards Administration,Ur6.Department of Labor,Washington,D.C.20210.The Administrator,oran authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt andso advise HUDor Its designee or will notify HUD orits designee within the ?0-dav period that additional time Is*necess-ary."(A-pprove,d~fry-th'e~OfflT:e~T>f~ Management and Budget under OMB control number 1215- 0140.) (c)in the event the contraclor,the laborers or mechanics to bo employed In the classification or their representatives,endHUDorits designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate), HUDorits designee shall refer the questions,Including the views of ali interested parties and the recommendation of HUDor Its designee,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt andso advise HUDorIts designee or will notify HUDor its designee within the 30-day period that additional time is necessary,(Approved by the Offlco of Management and Budget under OMB Control Number 1215-0140.) (d)The wage rale (including fringe benefits whore appropriate)determined pursuant to subparagraphs (1)(ll)(b)or(c)of this paragraph,shall be paid toall workers performing work in the classification under this contract fromthefirst day on which work Is performed In the classification. (Hi)Whenever the minimum wage rate prescribed in the contract fora class of laborers ox mechanics includes a fringe benefit which is not expressed asan hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit oran hourly cash equivalent thereof, (iv)If the contractor does not make payments toa trustee orotherthirdperson,the contractor niay consider aspart Previous editions are obsolete Page 1of5 form HUD-4010 (06/2009) ref.Handbook 1344.1 ofthe wages ofanylaboreror mechanic the amount ofany costs reasonably anticipated In providing bona fide fringe benefits under aplanor program,Provided,That the Secretary ofLaborhasfound,uponthewritten request of the contractor,that the applicable standards of the Davis- Bacon Act have been met.The Secretary ofLabormay require the contractor to set aside ina separate account assets forthemeetingof obligations undertheplanor program.(Approved by the Office of Management and Budget under OMBControl Number 1215-0140.) 2.Withholding.HUDorits designee shall upon itsown action or upon written request ofan 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 Isheldbythe same prime contractor so much ofthe accrued payments or advances as may be considered necessary topay laborers and mechanics,Including apprentices,trainees and helpers,employed by the contractor or any subcontractor thBfull 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,ailor part of the wages required by the contract,HUDorits designee may,after written notice to the contractor, sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased.HUDorIts designee may,after written notice to the contractor,disburse such amounts withheld for and on account of the contractor or subcontractor tothe respective employees to whom they are due.The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.(I)Payrolls and basic records.Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.Such records shall contain the name,address,and social security number of each such worker,hts or her correct classification,hourly rales 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-becon Act),daily and weekly number of hours worked,deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29CFR6.5 <a)(i)(iv)thai the wages ofany laborer or mechanic include the amount of any costs reasonably anticipated In providing benefits under a plan or program described In Soctlon 1(b)(2)(B)of the Davis- Bacon Act,the contractor shall maintain records which show thai the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been Previous editions aro obsolete communicated In writing to the laborers or mechanics affected,and records whichshowthe costs anticipatedor 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 end trainees,and the ratios and wage rates prescribed inthe applicable programs.(Approved bytheOfficeof Management end Budget under OMB Control Numbers 1215-0140 and 1216-0017.) (II)(a)The contractor shall submit weekly for each week Inwhich eny contract workIs performed acopyofall payrollstoHUDorits designee ifthe agency Isapartyto the contract,butif the agency isnot such aparty,the contractor will submit the payrolls tothe applicant sponsor,or owner,as the case may be,for transmission to HUDor Its designee.The payrolls submitted shall set out accurately and completely altof the Information required tobe maintained under 29 CFR 5.5(a)(3)(l)except that full social security numbers end 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 Ihe employee's social security number).The required weekly payroll Information may be submitted In any form desired. OptionalForm WH-347 is available for this purpose from the Wage and Hour Division Web site at htto://www.dai.aov/esa/wh d/forms/wh347instr.http orIts successor site.The prime contractor Is responsible for the submission of copies of payrolls byall subcontractors. Contractors and subcontrectors shall maintain the full social security number and current address of each covered worker,andshall provide them upon request to HUD or Its designee Ifthe agency Isapartytothe contract,but if ihe agency Is not such aparty,the contractor will submit the payrolls to the applicant sponsor,or owner,as the case may be,for transmission to HUDorits designee,the contractor,or the Wage andHour Divisionof the Department ofLaborfor purposes ofan investigation or audit of compliance withprevailing wage requirements.It isnota violation oi this subparagraph for a prime contractor to require a subcontractor to provide addressee and soclai security numbers totheprime contractor for its own records,without weekly submission toHUDorIts designee.(Approved bythe Office of Management and Budget under OMB Control Number 1215-0149.) (b)Each payroll submitted shall be accompanied bya "Statement of Compliance,"signed by the contractor or subcontractor orhisorher agent who pays or supervises the payment of the persons employed undBr the contract and shall certify the following: (1)That the payroll for the payroll period contains the Information required to be provided under 29 CFR 5.6 (a)(3)(H),the appropriate information is being maintained under 29 CFR 5.5(a)(3)(t),and that such information is correct and complete; Page 2of5 form HUD-4010 (06/2009) ref.Handbook 1344.1 (2)That each laborer or mechanic (including each helper, apprentice,and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or Indirectly,and that no deductions have been made either directly or Indirectly from the full wages earned,other than permissible deductions as set forth In 29 CFR Part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (c)The weekly submission ofa properly executed certification set forthon the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by subparagraph A.3.(ll)(b). (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 UnltBd States Code. (iff)The contractor or subcontractor shall make the records required under subparagraph A.3.(1)available for -Inspection;copytngr—or -transcription-by--authorized representatives ofHUDor its designee or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fallsto submit Ihe required records orto make them available,HUDor its designee may.after written notice to the contractor,sponsor, applicant or owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds.Furthermore,failure to submit the required records upon request orto make such records available may bo grounds for debarment action pursuant to 29 CFR 5.12. 4.Apprentices and Trainees. (r)Apprentices.Apprentices willbe permitted to work at iess than the predetermined rate for the Work they performed when they are employed pursuant to and individually registered'inabonafide apprenticeship program registered with Ihe 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,orifa person Is employed In his or her first 9D days of probationary employment as an apprentice in such an apprenticeship program,who is not Individually registered in the program,but who h23 been certified by the Office of Apprenticeship Training,Employer and Labor Services ore 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 ona payroll atan apprentice wege rate,who Previous editions are obsolete Is not registered or otherwise employed as stated above, shall bepaidnot less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any apprentice performing workon the Job site in excess oftheratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor Is performing construction ona project ina locality other than that In whichItsprogramIs registered,theratios and wage rates (expressed in percentages ofthe Journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed,Every apprentice must bepaidat not less thantherate specified In the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits, apprentices must bepaid the full amount of fringe benefits listedonthewage determination for the applicable classification.If the Administrator determines that a .JJjffgfg.HJ Prac*tee prevails for theapplicable apprentice classlficetionT-frlng&3-srvalt-be paid In-accord ance-with that determination.In the event theOfficeof Apprenticeship Training,Employer and Labor Services,ora State Apprenticeship Agency recognized by the Office, withdraws approval ofan apprenticeship program,the contractor wilt no longer be permitted to utilize apprentices at less than the applicable predetermined rate forthework performed untilan acceptable programis approved. (fl)Trainees.Except as provided In 29CFR 5.16, trainees will not be permitted to work at less than the predetermined rateforthework performed unless they are employed pursuant \to and individually registered Ina program which has received prior approval,evidenced by formal certification by the U.S.Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen ontheJob sjLe shallnot be greater than permitted under theplan approved "by the Employment and Training Administration.Every trainee must be paid atnot less thantherate specified In the approved program for the trainee's levelof progress, expressed asa percentage ofthe Journeyman hourly rate specified In the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions ofthe trainee program,if the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and HourDivision determines thatthereisan apprenticeship program associated with the corresponding Journeyman wage rateonthe wage determination which provides for less thanfullfringe benefits for apprentices.Any employee listed on the payroll ata trainee rate who is not registered and participating In a training plan approved by Page 3of5 form HUD-4010 (06/2009) ref.Handbook 1344.1 theEmploymentandTrainingAdministrationshallbe paid notlessthantheapplicablewagerateonthewage determination forthework actually performed.In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shallbe paidnot less thanthe applicable wage rateonthewage determination fortheworkactually performed.Inthe event the Employment and Training Administration withdrawsapprovalofatraining program,thecontraclor will no longer be permitted to utilize trainees at less than the applicable predetermined rale for the work performed until an acceptabie program is approved. (Hi)Equal employment opportunity.The utilization of apprentices,trainees and Journeymen under 29 CFR Part6 shall beInconformitywiththeequal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. 5.Compliance with Copetand Act requirements.The contractor shall comply with the requirements of 29 CFR Part 3 which are Incorporated by reference In this contract 6.Subcontracts.The contractor or subcontractor will insert In any subcontracts the clauses contained in "srtrbparagraphs-1-through 11-|rHhIs-p«fagf«-pfl~A and-sueh— other clauses asHUDorIts designee mayby appropriate instructions require,and a copy of the applicable prevailing wage decision,and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts.The prime contractor shall be responsible forthe compliance by any subcontractor or lower tier subcontractor with all the contrect clauses In this paragraph. 7.Contrect termination;debarment,A breach of the contract clauses in 29 CFR5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 8.CompliancewithDavis-BaconandRotated Act Requirements. All rulings and Interpretations of the Davis-Bacon and Related Acts contained In29 CFR Parts 1,3,and 5are herein incorporated by reference In this contract 9.Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contract shall notbe subject to the general disputes clause of this contract.Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth in29 CFR Parts5,6,and 7.Disputes within the moaning of this clause include disputes between the contractor (or any of its subcontractors)and HUDor its designee,the U.S.Department of Labor,or the employees or their representatives. 10.(I)Certification of Eligibility.By entering into this contract the contractor certifies that neither it (nor he or she)nor any person or firm who has an interest in the contractor's firmisa person or firm ineligible to be awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or29CFR 5.12(a)(1)ortobe Previous editions ere obsolete awarded HUD contracts or participate inHUD programs pursuant to 24 CFR Part 24. (il)Nopartofthis contrect shallbe subcontracted toany person orfirm Ineligible for award of a Government contract by virtue of Section 3(a)of the Davis-Bacon Aci or29CFR 5.12(a)(1)or tobe awarded HUD contracts or participate in HUD programs pursuant to24CFRPart24. (til)Thepenaltyformakingfalse statements Isprescribed In theU.S.CriminalCode.18U.S.C.1001.Additionally, U.S.Criminal Code,Section 1010.Title 18,U.S.C, "FederalHousing Administration transactions",provides in part:"Whoever,forthe purpose of...Influencing In any way the action of such Administration makes,utters or publishes any statement knowing the same to be false shall befined not more than $5,000 or imprisoned not more than two years,or both." 11.Complaints,Proceedings,or Testimony by Employees.No laborer or mechanic to whom the wage, salary,or other labor standards provisions of this Contract are applicable shall be discharged or In any other manner discriminated against bythe Contractor orany subcontractor because such employee has filedany "Complainl-or—Instituted-or-caused to be—Instituted—^my— proceeding orhas testified orisaboutto testify Inany proceeding under or relating to the labor standards applicable under this Contract tohis employer. B.Contract Work Hours and Safety Standards Act The provisions ofthis paragraph Bare applicable wheretheamountofthe prime contract exceeds$100,000.AsusedInthis paragraph,the terms "laborers*1 and"mechanics"Include watchmen and guards. (1)Overtime requirements.Nocontractor or subcontractor contracting foranypartofthe contract workwhichmay require or involve theemploymentoflaborersormechanicsshallrequireor permitanysuchlaborerormechanic In anyworkweek In whichthe individual Is employedonsuchworktowork In excess of40hoursIn such workweek unless such laboreror mechanic receives compensation ataratenot less than one and one-half times the basic rateofpayforallhours worked In excess of40hoursInsuch workweek. (2)Violation;liability for unpaid wages;liquidated damages.In the event of any violation of the clause set forthIn subparagraph (1)of this paragraph,the contractor and any subcontractor responsible therefor shall be liable for tho unpaid wages.In addition,such contractor and subcontractor shall be liable to the United Stales (InIhe case of work done under conlracL for the District of Columbia ora territory,to such District orto such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards, employed In violation of the clause set forth in subparagraph (1)of this paragraph,Inthesumof $10 foreach calendardayonwhichsuchindividualwasrequiredorpermittedto workInexcessofthestandardworkweekof40hourswithoutpayment ofthe overtime wages required by the clause set forth In sub paragraph (1)of this paragraph. Page 4of5 formHUD-4010(06/2009) ref.Handbook 1344.1 (3)Withholding for unpaid wage6 and liquidated damages.HUDor its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which ts held bythe same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wageB and liquidated damages as provided in the clause set forthin subparagraph (2)of this paragraph. (4)subcontracts.The contractor or subcontractor shall Insert In any subcontracts the clauses set forthin subparagraph (1)through (4)of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shatl.be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forthin subparagraphs (1)through (4)of this paragraph. appiicabte where the amount ofthe prime contract exceeds $100,000. (1)No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary ofLaborby regulation. (2)7he Contractor shall comply withall regulations issued by the Secretary of Labor pursuant to Title 29Part 1926 andfailureto comply may result In Imposition of sanctions pursuant to the Contract Work Hours ond Safely Standards Act,(Public Law 91-54,83 Stat 96).40.USC 3701 et seq. (3)The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor.The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development orthe Secretary of Labor shall direct asa means of enforcing such provisions. Previous editions are obsolete Page 5of5 form HUD-4010 (08/2009) ref.Handbook 1344.1 INSURANCE REQUIREMENTS The term "Contractor",as used in this document,refers tothe entity providing construction type services.Theterms "owner"and "sub-recipient"areused interchangeably,and refer totheentityreceivingFederalfundsdirectly from PHCD. I.Based onthe type of project,the Contractor shall acquire the following insurance and submit necessary certificate(s)and original policies describedhereunder. A.New Construction projects include construction ofanew building;addition of dwelling units outside the existing walls of a structure,etc. B.Major Rehabilitation includes additions to existing buildings;installation ofnew Infrastructure;rehabilitation of existingstructures(costsatorover25%ofthevalueofthe property),etc. C.Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures -moderatehome rehab; repairs and rehab to homes suchas Installation ofnewwindows,shutters,doors,interior renovation,(costs not to exceed 25%ofthe value ofthe property);andthe actual acquisition of land and for the purpose of developing affordablehousingunits(doesnotincludeactualconstructionoftheunits). D.Commercial Revitalization includes rehab tothe facade of existing structures to enhance the neighborhood and its surroundings. Insurancerequiredbyprojecttype; PROJECT TYPE REQUIRED CERTTFICATE(S)OFINSURANCE A.New Construction B.MajorRehabilitation C.Minor Rehabilitation andLand Acquisition D.Commercial Revitalization Worker's Compensation insurance-forall employees ofthe Contractor as required by Florida Statute 440. A.New Construction B.Major Rehabilitation Professional Liability Insurance*inthe name of the Contractor orthe licenseddesignprofessionalemployedbytheProposerinanamountof not less than $250,000. D.Commercial Revitalization Commercial General Liability-on acomprehensivebasis,including Explosion,Collapseand Underground Liability coverageinanamount notlassthan $300,000 combinedsingle limit peroccurrencefor bodily injuryandproperty damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. C.Minor Rehabilitation and Land Acquisition Commercial GeneralLiability -onacomprehensive basis,including Explosion,CollapseandUnderground Liability coverageInanamount notlessthan $500,000 combinedsinglelimitperoccurrenceforbodily injuryandpropertydamage.Miami-Dade County must be shown as an additional insured with respect to this coverage. A.New Construction B.Major Rehabilitation Commercial GeneralLiability-onacomprehensivebasis,including Explosion,CollapseandUnderground Liability coverage inanamount notlessthan $1,000,000 combinedsingle limit peroccurrence for bodily injuryandproperty damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. A.New Construction B.Major Rehabilitation C.MinorRehabilitationandLandAcquisition D.Commercial Revitalization Automobile Liability Insurance-coveringallowned,non-ownedand hired vehicles used in connection with the work,inan amount not (ess than$500,000combinedsingle limit peroccurrenceforbodily injury and property damage. A.New Construction B.Major Rehabilitation Completed Value Builder's Risk Insurance-on al "All Risk"basis in anamountnotlessthanonehundred (100%)percentoftheinsurable valueofthebuilding(s)orstructure(s).Thepolicyshallbeinthename ofthe sub-recipient andthe Contractor,and Miami-Dade County must belistedasa loss payee. Allinsurancerequirementsmustbe verified atthetimeofthe pre-construction meeting. Page 1of2 6-INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 7 III.All insurance policies required above all shall be issued by companies authorized todo business under the lawsof the State ofFlorida,with the following qualifications: The company must be rated no less than "B"as to management,and no less than "Class V as tofinancial strength,by the latest editionof Best's Insurance Guide, published by A.M.Best Company,Oldwick,New Jersey,orits equivalent,subject tothe approval of the County Risk Management Division. Or The company must holdavalid Florida Certificate of Authority as shown in the latest "List ofAll Insurance Companies Authorized or Approved toDo Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV.All insurance required bythecontractmuststayinforce until final acceptance except, r ,,6ompleted^aIue-B5^laePs::RisK,•which maybe dropped after substantial-completion- TheContractorshall also keep allinsurancerequiredbycontract,except "Completed Value Builder's Risk*,inforcewhen performing anyworkduring the guarantee period(s). The Contractorshallfurnishcertificatesofinsuranceand insurance policiestothe owner priorto commencing any operation under this contract,which certificates shall clearlyindicatethattheContractor has obtainedinsurance,inthetype,amount,and classifications,as required for strict compliance with the contract.. NOTE:Certificates will indicate nomodificationor change in,insurance shall be made without thirty (30)days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract V.Cancellation ofanyinsuranceorbonds,or non-payment bythecontractorofany premium forany insurance policies or bonds required bythis contract shall constitute a breach ofthis contract.In addition to any other legal remedies,the owner atits sole option may terminate this contract or pay such premiums,and deduct the costs thereof from any amount,which are or may be due to the Contractor. Pajje 2of2 6-INSURANCE REQUIREMENTS Miami-Dade Count/PHCD Page 8 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 1 A."DAVIS-BACON"ACT PROVISION As stated in 24 CFR Part 85.36: When required bythe Federal grant programlegislation,allconstruction contracts in excess of $2,000awardedby grantees andsub grantees shallincludea provision forcompliance with the Davis-Bacon Act(40 USC 276atoa-7)as supplemented by Department ofLaborregulations (29 CFRPart 5).UnderthisActcontractorsshallbe required topay wages tolaborersand mechanics atarate not less thanthe minimum wages specifiedina wage determination made bythe Secretary ofLabor,The grantee shallplaceacopyofthe current prevailing wage determination issued by the Department ofLaborforthissolicitation and the award ofthe contract shall be conditioned upon the acceptance of the attached wage determination. Further,the provision listed below must be included in each set ofbid documents and incorporated in each contract,subcontract,and anylower-tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage GeneralDecisionNumber FL140168 2 02/28/2014 FL168 -HEAVY orthis project." E.TERMINATION PROVISION &LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shallcontainsuitableprovisionsforterminationbythe grantee including the manner whichitwill be affected and the basis for settlement Inaddition,such contracts shall describe conditions under whichthe contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts other than small purchases shallcontain provisions or conditions which will allowfor administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as maybe appropriate. Provisions for termination are as follows: 1.Termination at Will This contract,in whole or inpart,may be terminated by the Principal Contractor/Owner upon no less than ten (10)working days'notice when the Principal Contractor/Owner determines that itwould be inthe best interest of the Principal Contractor/Owner and the Public Housing and Community Development (PHCD).Said notice shall be deliveredbycertifiedmail,returnreceipt requested,orin person withproofof deliv^j IffitlalB Page 1of3 -PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS MlarnHDade CountyPHCD Page 9 2.Termination for Convenience The Principal Contractor/Owner may terminate this contract,in whole part,when both parties agree that the continuation of the activities wouldnot produce beneficial results commensurate with the furtherexpenditure of funds-Bothpartiesshallagreeupon the termination conditions.The Principal Contractor/Owner,atits sole discretion,reserves the rightto terminate thiscontractwithout cause uponthirty(30)days writtennotice. Upon receipt of such notice,the Contractorshallnotincuranyadditional costs under thiscontract.The Principal Contractor/Ownershallbeliableonlyforreasonable costs incurredbytheContractorpriortonoticeoftermination.The Principal Contractor/Owner shall be the sole judge of "reasonable costs." 3.Termination Because of Lack of Funds Inthe event ofafunding short-fall,orareductioninfederal appropriations,orshould fundstofinancethiscontractbecome unavailable,the Principal Contractor/Owner may terminate thiscontractuponnolessthan twenty-four (24)hourswritten notification to the Contractor,Saidnoticeshallbe delivered by certified mail,return receiptrequested, orIn person with proof of delivery.The Principal Contractor/Owner shallbe the final authority todeterminewhetherornotfundsare available.The Principal Contractor/Ownermayatits discretion terminate,renegotiateand/or adjusHhe contract award whichever isinthe best interestof the Principal Contractor/Owner. 4.TerminationforSubstantialFundingReduction In theeventofa substantial funding reductionofthe allocation tothe Principal Contractor/Owner"through Board of County Commissioners'action,the Principal Contractor/Owner may,atitsdiscretion,request inwritingfrom the DirectorofPHCDa release from its contractual obligations to the County.The Director of PHCD will review § theeffectoftherequestonthe community andtheCounty prior to making a final determination. 5.Termination for Breach The Principal Contractor/Owner may terminate this contract,inwholeor In part,when the Principal Contractor/Owner determines,inits sole and absolute discretion that the Contractorisnotmakingsufficientprogress thereby endangeringultimatecontract performance,orisnot materially complying withanytermor provision ofthiscontract. Unless the Contractor's breach is waived bythe Principal Contractor/Owner in writing, the Principal Contractor/Owner may,by written noticetothe Contractor,terminate this contract upon no less than twenty-four (24)hours*notice.Said notice shallbe delivered by certified mail,return receipt requested,orin person with proof of delivery. Waiver of breach ofanyprovisionofthis contract shallnotbe deemed to be a waiver of any other breach andshallnotbe construed to be amodificationof the terms ofthis contract.The provisions herein donot limit the Principal Contractor's/Owner's right to legal or equitable remedies. Page2of3 7-PROVISIONS TOBE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-DadeCountyPHCD Page 10 Initials 6.Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporation or other entity that attempts tomeetits contractual obligations with the County through fraud,misrepresentation or material misstatement,shall have its contract with the County terminated,whenever practicable,as determined by the County.The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County.Such individual or entity shall be responsible for all direct and Indirect costs associated with such termination or cancellation,including attorney's fees.The foregoing notwithstanding,any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting foruptofive(5)years. 7.Payment Settlement If termination occurs,the Contractor will be paid for allowable costs incurred mcarrying out activities required bythiscontractuptothedateandtimeof termination. F.ACCESS TORECORDSANDRECORDRETENTIONPROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3)years following closeoutin compliance with 4 NCAC 19L Rule .0911,Recordkeeping. The Miami-Dade Public Housing and Community Development,the U.S.Department of Housing and Urban Development,and the Comptroller General of the United States,or any of their duly authorized representatives,shall have access to any books,documents,papers and records ofthe implementing agency which are pertinent to this contract,for the purpose of making audits,examinations,excerptsand transcriptions in compliance with the above. Page 3 of3 7-PROVISIONS TOBE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade CountyPHCD Page 11 %Initios NONCOLLUSION AFFIDAVIT STATE OF:Florida COUNTY OF:Broward D-Ruel Miles 9being first dulysworn,deposes and says that: Pioneer Construction Management (1)He/she is President of Services,Inc.,the Bidder that has submitted the attached Bid. (2)Bidder has been fullyinformedregarding the preparationand contents of the attached Bid and of allpertinent circumstances regarding such Bid; (3)Such BidIs genuine and isnota collusion or sham Bid; (4)NeitherthesaidBiddernoranyofitsofficers,partners,owners,agents,representatives, employees orpartiesininterest,including thisaffianthasinanyway colluded,conspired, connived or agreed,directly or Indirectly with any other Bidder,firm or person to submit a -••-:collusive or sham bid m eonneetien-witn tne contractor-tor wnieh-the-attached Bid has-been submitted orto refrain from bidding inconnection with such contract,orhasinanymanner, directlyor indirectly,sought by agreement orcollusionor communication or conference with any other Bidder,firm orpersonto fix the priceor prices,profitor cost element of the Bid price orthe Bid price ofanyother Bidder,ortosecure through advantageagainstthe City of South Miami (LocalPublic Agency)orany person interested in the proposed Contract;and (5)The price or prices quotedinthe attached Bid are fair and proper andarenottaintedby any collusion,conspiracy,connivanceor unlawful agreement onthepartoftheBidderor anyofits agents,representatives,owners,employees,or parties in interest,including this affiant.«< (SIGNE President Title Subscribed and sworn to before me this 18th day OfApril2014 •J\(j ^r\C\O <J**2r\Notary Public State of Florida £W\J6(^*-^Yf\,j£^>^U^j >£jJf^Melaine Malcolm > ^—/Vf»/My Commission EE 159118 *C >VgtfF Expires 01/11/2016 2 My commission expires:X.\iL^l>_. 8-NONCOLLUSION AFFIDAVIT Miaml-Oade CountyPHCO Page 12 CERTIFICATION REGARDING LOBBYING CertificationforContracts,Grants,LoansandCooperative Agreements in excess of $100,000 Theundersignedcertifies,tothe best ofhisorherknowledgeandbelief,that: 1.No Federal appropriated fundshavebeenpaidor will be paid,byoronbehalfofthe undersigned,toany person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer oremployeeof Congress,oran employee ofa Member of Congress in connection with the awarding ofany Federal contract,the making of any Federal grant,the making ofany Federal loan,the entering into ofany cooperative agreement,and the extension,continuation,renewal,amendment,or modification ofany Federal contract,grant,loan,orcooperative agreement 2.If any ofthe funds other than Federal appropriated funds havebeen paid or will be paid to any person for influencing or attempting to influence an officer oremployeeofany agency,a MemberofCongress,anofficeroremployeeofCongress,oran employee ofaMemberof J^ongress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned ^'Standard Term utt;~MDteetosure *Form ~to~Report Lobbying/1in accordance withits instructions. 3.Theundersignedshall require thatthe language ofthis certification beincludedintheaward documents forail subawards at all tiers (including subcontracts,subgrants,andcontractsunder grants,loans,and cooperative agreement in excess of $100,000)andthat all subrecipients shall certify anddisclose accordingly.This certification isa material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification isa prerequisite for makingorenteringintothis transaction imposedbysection 1352,title 31,U.S.Code.Anypersonwho fails to file the required certification shallbesubject to a civil pQjratTy or not less^han $10,000 and not more than $100,000 for each such failure. Print:D.Ruel Miles Title:President Date: 04.18.14 Business Address:PioneerConstructionManagement Services,Inc. 6114 NW 7th Ave Miami,FL 3317 9 -CERTIFICATION REGARDING LOBBYING Miami-DadeCountyPHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered bytheNoticeand Specifications shall take affirmativeactionto insure equal employment opportunity-Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions.The contractor shall be required toprovide documentary evidence ofeffortsto implement each of the 16affirmative action steps outlinedintheSpecifications.Listedbelowarethe16essential affirmative actionsteps, the efforts requiredto implement them and the recordsthat should be maintained to document the contractor's efforts. 1.Contractors must maintain aworking environment freeof harassment,intimidation,and coercion at all sites and In allfacilitiesat which the contractor's employees are assigned to work.The contractor,where possible,must assign 2ormore women to each construction project The contractor shall specifically insure that all forepersons,superintendents,and other on-site supervisory personnel are aware of and carryout the contractor's obligationto maintain such a working environment,with specific attention tominoritiesor women workingat such sites orin such facilities. To Demonstrate Compliance: Tz^rGsoteaGteezf^^ meetingorEEO officer's meetings withsupervisorsto inform them ofthecontractor's obligation to maintain a working environment free of harassment,intimidation,and coercion and to where possible,assign twoormore women to each constructionproject.Monitoring ofwork environment by EEO officer. 2.Contractors must establish and maintain a current list of minority and women's recruitment sources,providewrittennotificationtominorityand women's recruitment sources andto community organizations whenthe contractor or "its unionshaveemployment opportunities available,andmaintainarecordof the organization's responses. To Demonstrate Compliance: Contractorsmusthaveacurrentlistingof recruitment sources for minority and women craft workers.It musthavecopiesofrecent letters to community resource groups oragencies specifying thecontractor's employment opportunitiesand the procedures one should followwhen seeking employment.It must note the responses receive and the results on the bottom or reverse of the letters or establish afollow-upfilefor each organization notified. 3.Contractors must maintainacurrent file ofthename,address,andtelephone number ofeach minority and/orwomen off-the-street applicant and minority and/orwomen referred from a union, recruitment source,orcommunity organization,andofthe action thatwastakenwithrespectto each individual.If suchindividual was sent totheunionhiringhallfor referral and was notreferred backtothe contractor bythe union or,if referred,wasnotemployedbythe contractor,this shall be documented in the file with the reason,along with whatever additional actions the contractor may have taken. Page 1 ot 5 tO-AFFIRMATIVE ACTION STANDARDS Mlaml-Dade Count/PHCD Page 14 To Demonstrate Compliance: Contractors musthavea file ofthenames,addresses,telephonenumbers,andcraftsofeach minority and/or woman applicant showing the date of contact and whether or not the person was hired and(ifnot)thereason;whetherornotthepersonwas sent toaunionfor referral andwhat happened;and follow-up contractswhenthe contractor was hiring. Contractorsmustprovideimmediatewritten notification totheDirectorwhentheunionorunions with which the contractor hasa collective bargaining agreement failed torefertothe Contractor a minorityorwoman sent bythecontractor,orwhenthe contractor has other information thatthe union referral processimpededthecontractor's efforts tomeetits obligations. To Demonstrate Compliance: Contractors musthavecopiesof letters sentto verify claim thatthe union is impeding the contractor's effortsto comply. Contractors must develop on-the-job training opportunities or participate in training programs for theareathat expressly includes minorities and women,including upgrading programs and apprenticeship and trainee programs relevant tothe contractor's employment needs,especially -^ose-ptegram&^nded ^r^ppr^^^ noticesof those programstothe sources compiledunderItem2,above. To Demonstrate Compliance: Contractorsmusthaverecordsof contributions incash,equipmentsuppliedor contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records ofthe hiring and training of minorities and women from suchprograms.Supplycopiesofletters informing minority andwomen's recruitment sources or schools providing these training programs. ContractorsmustdisseminatetheirEEO policies by providing noticesofthe policy tounionsand training programs and requesting theirhelpin meeting itsEEO obligations;by including itinany policy manualand collective bargaining agreement;by publicizing itinthecompanynewspaperor annual report;by specific review ofthe policy with all management personnel and with all minority andwomenemployeesatleastonceayear,andbypostingthecompanyEEO policy on bulleting boards accessible toall employees at each locationwhere construction workisperformed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEOofficer and must (a)includethepolicyinany company policy manuals;(b)posta copyofthe policy onallcompany bulletin boards (in the office andonalljobsites);(c)putin records,suchasreportsordiaries,that each minority andwomanemployeeisawareofthe policy andthatithasbeen discussed with them;(d)recordthatthe policy hasbeendiscussed regularly at staffmeetings;(e)makecopiesofnewslettersandannualreportsthatincludethe policy;and (f) make copies ofletterstounionsandtrainingprogramsrequestingtheircooperationin helping the contractor meet its EEO obligations. Page 2of5 10-AFFIRMATIVE ACTION STANDARDS MtemS-Dade CountyPHCD Page 15 7% inHlals 7.Contractors must review,at least annually,the company's EEOpolicy and affirmative action obligations under these specifications withall employees havinganyresponsibilityforhiring, assignment,layoff,termination,or other employment decisions,including specific review of these itemswithon-site supervisory personnel such as superintendents and general forepersons priorto the initiationofwork at any job site.Contractors must make and maintain a written record and maintain ittoidentify the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. To Demonstrate Compliance: Contractors must have written records (memoranda,diaries,minutesof meetings)identifyingthe timeandplaceofmeeting,persons attending,subjectmatter discussed,anddispositionofsubject matter. 8.Contractorsmust disseminate theirEEOpoliciesexternallyby including itinanyadvertisinginthe news media,specificallyincludingminority and women's policywith other contractors and subcontractors withwhom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of (a)letters sent,at least every 6 months or at the start of each new major contract,toall recruiting"sources "(including laborunionsand trainingprograms)requiring compliance with the policy:(b)advertisementthathastheEEO "tagline"onthe bottom;and(c) letterstosubcontractorsandsuppliers,atleastatthetimeofthesubcontractissigned,requiring compliance with the policy. 9.Contractorsmustdirectrecruitmentefforts,bothoral and written,to minority,womenand community organizations,toschoolswith minority andwomenstudents,andto minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs.Not laterthanone(1)month prior tothedateforacceptanceof applications for apprenticeship or other training by any recruitment source,the contractor will send written notification tosuchorganizations,describingtheopenings,screening procedures,and tests tobe used in the selection process. To Demonstrate Compliance: Contractorsmusthave written recordsofcontacts (written communications,telephone calls,or personal meetings)withminority and women's community organizations and recruitment's sources,andschoolsand training organizations,specifying the date(s),individuals contacted, resultsofthecontact,andany follow-up.Itmusthavecopiesofletterssentto these organizations atleastone (1)month prior tothe acceptance of applications for training (apprenticeship or other) describing theopenings,screeningprocedures,andteststobeusedintheselectionprocess. 10.Contractorsmust encourage minority andwomenemployeestorecruitother minority personsand women and provide,where reasonable,school,summer and vacation employment to minority and female youth both on-site and in other areas of the workforces. Page 3of5 10 -AFFIRMATIVEACTION STANDARDS Miami-Dade CountyPHCD Page 16 Initials To Demonstrate Compliance: Contractors must have copies of diaries,telephone logs,or memoranda indicating contacts (written and oral)with minority and women employees requesting their assistance in recruiting other minorities and women,and record results.If contractors normally provide after-school,summer, and vacation employment,it must have copies of letters to organizations under Item 9 describing those opportunitiesandmusthave responses receivedandresultsnotedonlettersor in a follow- up file. 11.Contractors must validate all testsand other selection requirements where thereisan obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors musthave evidence in the form of correspondence,or certificates thatalltests, interviews andselectionproceduresusedbythe contractor,acraft union,orJoint Apprenticeship Committee meetthe requirements intheOFCCPtestingandselection guidelines. 12.Contractors must conduct,atleast annually,an inventory evaluation (atleast)of all minority and womenpersonnelfor promotional opportunities and encourage these employeesto seek orto prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractorsmusthave written records (memo,letters,personnel files,etc.)showingthatthe companyconductsannual reviews of minority andfemalepersonnelfor promotional opportunities and notifies these employees of training opportunities (formal or on-the-job)andencourages their participation. 13.Contractorsmust ensure thatsenioritypractices,jobclassifications,workassignments,andother personnel practices donothaveadiscriminatoryeffect,bycontinually monitoring allpersonneland employment related activitiestoinsurethattheEEOpolicyandthe Contractor's obligationsunder these specifications are being carried out. To Demonstrate Compliance: Contractorsmusthaveevidence(letter,memos,personnelfiles,reports)that:(a)the activity under Item 12,above,has been carried out;(b)anycollectivebargaining agreements have an EEOclauseandthe provisions donotoperatetoexclude minorities and women;(c)the EEO officer reviewsall monthly workforce reports,hiring,terminations,and training provided onthejob; (d)theEEOofficer'sjobdescription identifies hisorher responsibility for monitoring all employment activitiesfordiscriminatoryeffects;and (e)the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14.Contractors mustinsurethatallfacilitiesandcompanyactivitiesare nonsegregated,except for providing separate or single-user toilets and necessary changing facilitiesto assure privacy between the sexes. Page 4of5 10 -AFFIRMATIVE ACTION STANDARDS Miami-DadeCountyPHCD Page 17 2*< To Demonstrate Compliance: Contractors must have incorporated the "Certificationof Nonsegregated Facilities"from the contractorsfederallyinvolvedcontract documents Intoall subcontracts and purchase order;have records that announcements of parties,picnics,etc.have been posted and have been availableto all employees;have written copies of contracts (written orverbal)withsupervisorystaff regarding the provisionof adequate toiletandchangingfacilitiesto assure privacy between the sexes. 15.Contractors must document and maintain a record of all solicitations of offers for subcontractors from minorityandfemale construction contractors andsuppliers,including circulation of solicitations tominorityand women's contractor associations and other business associations. To Demonstrate Compliance: Contractors.musthavecopiesoflettersorotherdirect solicitation ofbids for subcontractorsorjoint .ventures from minority orwomen contractors witha record of specific responsesandany follow-up the contractor has done toobtainapricequotationorto assist aminorityor female contractorin preparingorreducingapricequotation;have alistofallminorityorfemale subcontracts awarded or joint ventures participated in with dollar amounts;havecopiesof solicitations sentto minority and women's contractor associations or other business associations. 1^.Contractors-must iconduct a-review,-atleastannually,of all supervisors'adherence to anff performanceunderthe contractor's EEOpoliciesand affirmative action obligations. To Demonstrate Compliance: Contractorsmusthavecopiesof memos,letters,reports,minutesofmeeting,orinterviewswith supervisors regarding their employment practices asthey relate tothe contractor's EEO policy and affirmativeactionobligations,andwritten evidence that supervisors were notified when their employment practicesadverselyorpositively impacted on the contractor'sEEOandaffirmative action posture. Page 5of5 10 -AFFIRMATIVE ACTION STANOARDS MJami-Dade County PHCD Page 18 InlttHl CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS The bidder represents thathehas ("^has not(),participated in a previous contract or subcontractsubjectto the Equal Opportunity Clause prescribed byExecutiveOrder 11246; thathehas £•"-)hasnot()developeda written affirmative action compliance program for eachofhis establishments;thathehas (—)hasnot(),filed with the Joint Reporting Committee,the Office of Federal Contract Compliance Programs (OFCCP)orthe Equal Employment Opportunity Commission (EEOC)all reports due under the applicable filing requirements;andthatrepresentations indicating submissionof required compliance reports,signedbyproposedsubcontractors,will be obtained prior tocontractand/or subcontract award. NOTE Thec»eTiartt\rf^^in offeiBisri3rescribigdirrt8-th:S:Ori^ei— Agency Name: City of South Miami Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signati Print Name: D.Ruel Miles Check one,as applicable: V Contractor Subcontractor Other Employer ID #/FIP #: 41-2242680 Title: President 11 -CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS Miami-DadeCountyPHCD Page 19 OTHER REQUIRED CERTIFICATIONS A.EQUAL EMPLOYMENT OPPORTUNITY Bidder,by submission ofthis quotation represents: The undersigned has <-^hasnot f participated in a previous contract or subcontract subject to the EqualOpportunity clause hereinor the clause originally contained in Section 301 of Executive Order No.10925,or the clause contained in Section 201 of Executive Order No.11114;thatithas *-<hasnotfiledall required compliancereports;andthat representations indicating submission oftherequiredcompliancereports,signed by proposedsubcontractors,will beobtained prior tosubcontractawards.(The above representation need not be submitted in connection with contracts or subcontracts which are exempt fromthe clause.) B.AFFIRMATIVE ACTION and does not have oh file,at each establishmentan "affirmative action program as required by the rules and regulation ofthe Secretary of Labor (41 CFR 60-1 and 60-2),or (b)ithasnot previously had contracts subject towrittenaffirmativeactionprogram requirements of the rules andregulationsof the SecretaryofLabor. C.AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as partofitsoffer: By submission of anoffer,thebiddercertifiesthatitcomplieswith the American with Disabilities Act,42 U.S.C,and 12101 et.seq.,and will maintain compliance throughoutthe life ofthe Contract.BycommencingperformanceoftheContractwork,the selected contractor certifies to the American withDisabilities Act compliance. D„COPELAND ANTI-KICKBACK Bysubmissionofabid,thebidder certifies thatithasreadandcomplieswiththeGeneral Provision entitled "Anti-Kickback Procedures'asstatedin24CFRpart85.36as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance withthe Copeland uAnti-KickbackB Act(18USC874)assupplementedin Department of Regulations (29 CFR,Part 3).ThisAct provides that each contractoror subcontractor snailbe prohibited from inducing,byany means,any person employed in the construction,completion, orrepairofpublicwork,togiveupanypart of the compensation towhichheis otherwise entitled. Bysubmissionofthis bid,the bidder atteststhat neither it nor anyofitsemployeeshas performedor participated in any prohibited actions,asdefinedinthis provision. Page 1of3 12-OTHER CERTIFICATIONS Mlamf-Oade County PHCD Page 20 E.BYRDANTI-LOBBYING AMENDMENT (31 U.S.C.1352) This certification applies to those contractors who apply forawardofbid of $100,000 or more: Eachtier certifies tothetierabovethat it will notandhasnotused Federal appropriated funds toanypersonor organization for influencing or attempting toinfluenceanofficeroremployee ofany agency,a member ofCongress,officeror employee ofCongress,oran employee ofa member ofCongressinconnectionwith obtaining anyFederal contract,grantoranyother award covered by31U.S.C.1352.Eachtiershallalsodiscloseany lobbying withnon-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier totierupto the recipient. F.FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED,SUSPENDED,OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT.STATE OF FLORIDA,OR MIAMI-DADE COUNTY AT TIME OF AWARD. This certification applies toa contract or subcontract in excess of $25,000 By submission ofanoffer,thebiddercertifiesthatithasprovided full disclosurein writing to city of South Miami (nameofimplementing agency)whetherasofthe anticipated time ofawardofanycontractresultingfromthis solicitation;it anticipates that itoritsprincipalswill be debarred,or proposed for debarment by the Federal Government,State of Florida,or Miami-Dade County. By commencing performance of the Contract work,the selected contractor certifies that it has made full disclosure in writing toCityof South Miami (nameofimplementing agency)as to whether as of the time of awarditor any of itsprincipalsis debarred, suspended,or proposed for debarment by the Federal Government.State of Florida,or Miami-Dade County. G.NONDISCRIMINATION CLAUSE Section 109,Housing and Community Development Act of 1974 No person in the United States shallon the ground of race,color,nationaloriginor sex be excluded fromparticipationin,be denied the benefits of,or be subjected todiscrimination under any program or activity funded in whole orinpartwith funds available under Section 109, Housing and Community Development Act of 1974. Page2of3 12 -OTHER CERTIFICATIONS Miami-Dade County PHCD Page 21 H.AGE DISCRIMINATION ACT OF 1975,AS AMENDED Non-discrimination on the Basis of Age No qualified person shallonthe basis of age be excluded fromparticipationin,be denied the benefitsof,orotherwisebe subjected to discrimination underanyprogramoractivitywhich 'receives or benefits from Federal assistance. I.SECTION 504 OF THE REHABILITATION ACT OF 1973,AS AMENDED Non-discrimination on the Basis of Handicap Noqualifiedhandicappedpersonshall,on the basisofhandicap be excluded from participation in, bedenied the benefits ofr orotherwisebesubjectedto discrimination underany program or activity which receives or benefits from Federal assistance. Agency Name:Employer ID #/FID #: City of SouthMiami Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: 41-2242680 Print Name:Title: D.Ruel Miles Chefk one,as applicable: Contractor Subcontractor hecl< Other Page 3of 3 12 -OTHER CERTIFICATIONS Mlaml-OadeCountyPHCO Page 22 President / CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required bythe Drug-Free Workplace Actof 1988,and implemented at 28 CFR Part 67,subpart F,for grantees,asdefinedat28 CFR part67Sections 67.615 and 67.620- A.The applicant certifies that it will or will continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession,oruseofa controlled substanceis prohibited in thegrantee's workplace and-specifying the actions that will be takenagainstemployeesfor violation ofsuch prohibition; ~~^)^tabl^ about: (1)Thedangersofdrugabuseinthe workplace; (2)The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling,rehabilitation,and employee assistance programs;and (4)The penalties that may be imposed upon employees for drug abuse violationsoccurringinthe workplace; (c)Making ita requirement that each employee tobe engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a)that,asa condition of employment underthe grant,theemployee will (1)Abideby the terms ofthestatement;and (2)Notify theemployerin writing ofhisorher conviction fora violation ofa criminal drugstatute occurring in the workplace nolaterthan five calendar days after such conviction; (e)Notifying the agency in writing,within 10 calendar days after receiving notice undersubparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction (f)Taking one of the following actions,within 30 calendar days of receiving notice undersubparagraph (d)(2),with respecttoany employee who isso convicted Pagel of2 13 -CERTIFICATION REGARDING DRUG-FREE WORKPLACE ~"i ••mi hut mini i nun miiiii mi ••••mum Page 23 Mlaml-Dade CountyPHCD (1)Takingappropriatepersonnelaction against suchan employee,uptoand includingtermination,consistent with the requirements ofthe Rehabilitation Act of 1973,as amended;or (2)Requiring such employee to participate satisfactorily inadrugabuse assistance or rehabilitation program approved for suchpurposesbya Federal,State,or local health,law enforcement,orother appropriate agency; Makingagoodfaitheffortto continue tomaintainadrug-free workplace through implementation of paragraphs (a),(b),(c),(d),(e),and (f). B.TheGrantee may insertin the space providedbelow the site(s)fortheperformance ofwork done in connection with the specific grant: Place of Performance (Street address,city,county,state,zip code) Check •if there are workplaces on file that are not identified here. Agency Name:Employer ID #JFID#: City ofSouthMiami 41-2242680 Full Address (including City,ST and Zip) 6114NW7thAve Miami,FL 33127 Authorized Signature: Print Name: D.Ruei Miles Check one,as applicable: V Contractor Subcontractor Other Title: President Page 2 ol Z 13 -CERTIFICATION REGARDING DRUG-FREE WORKPLACE Page 24 W Miami-Dade CountyPHCD ASSURANCE OF COMPLIANCE (Section 3.HUP ACT of 196B) TRAINING,EMPLOYMENT,ANDCONTRACTINGOPPORTUNITIESFOR BUSINESS ANDLOWERINCOME PERSONS A.The project assistedunderthis (contract)(agreement)issubjecttothe requirements of Section3ofthe Housing andUrban Development Actof1968,asamended,12U.S.C. 170U.Section 3 requires thattothegreatest extent feasible opportunities for training and employmentbegiventolower income residentsoftheproject area andcontractsforworkin connection with the projectbe awarded to business concerns which are located inor owned insubstantialpartbypersons residing intheareaofthe project. B.Notwithstanding anyother provision of this (contract)(agreement),the (applicant)(recipient) shallcarryoutthe provisions of said Section 3andthe regulations issuedpursuanttheretoby theSecretaryset forth in24CFRPart135 (published in38 Federal Register 29220,October 23,1973),and all applicable rulesandordersoftheSecretaryissuedthereunder prior tothe execution ofthis(contract)(agreement).Therequirementsofsaidregulationsincludebut arenot limited to development and implementation ofan affirmative action planfor utilizing "business concerns Toca^wi^n or owned in substantial part by persons residing in thearea ofthe project;the making ofagood faith effort,as defined bythe regulation,to provide training,employment andbusiness opportunities required by Section 3;and incorporation of the "Section 3 Clause"specified by Section 135.20 (b)ofthe regulations in all contracts for workinconnection with the project.The (applicant)(recipient)certifies and agrees thatitis undernocontractualorother disability whichwouldpreventit from complying with these requirements. C.Compliance with the provision ofSection3,theregulationsset forth in24CFRPart 135,and all applicable rulesandordersofthe Secretary issuedthere under prior to approval bythe Governmentofthe application forthis(contract)(agreement),shallbea condition ofthe Federal financial assistance provided tothe project,binding uponthe (applicant)(recipient), itssuccessorsandassigns.Failure to fulfill these requirements shall subjectthe (applicant) (recipient),itscontractorsand subcontractors,its successors,and assigns tothe sanctions specifiedbythe (contract)(agreement),andtosuchsanctionsasare specified by24CFR Section 135 APPLICANT:D-^J0!jl-~~. SIGNATURE: AnnRF^S*pfonee*Construction Management Services,Inc. 6114 NW 7th Ave Miami,FL 33127 DATE:04.18.14 14-ASSURANCE OF COMPLIANCE (Section 3.HUD ACT of 1968) Mlaml-Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I.ASSURANCE STATEMENT Eachapplicant,recipient,contractor,andsubcontractoronaSection3coveredprojectshall signthe attached Section3 Assurance ofCompliance. »-AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Eachapplicant,recipient,contractor,and subcontractor preparing to undertake work pursuant toaSection3 covered contract shalldevelopandimplementanaffirmativeactionplan,which shall: a.Set forth the approximatednumberanddollarvalueofall contracts proposedtobe awardedtoall businesses within eachcategory(typeorprofession)overthedurationof the Section 3 covered project. b.Analyze the information set forth inparagraph(a)andthe availability of eligible ss^eneemsrwitWri^eb^jeG^ identified as needed in paragraph (a)and set forthagoalor target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category overthe duration oftheSection3covered project. aOutline the anticipatedprogramtobe used to achieve the goals for each business and/or professional category identified.This program should includebutnotbelimited to the following actions: i.Insertion inthebiddocuments,.if any,ofthe affirmative actionpianofthe applicant,recipient,contractor,or subcontractor letting thecontract;and ii.Identification within the bid documents,if any,ofthe applicable Section3project area. ilk Ensuring thatthe appropriate business concerns are notified of pending contractualopportunitieseitherpersonallyorthrough locally utilized media. III.BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors forworkin connection with Section 3 covered projects to provide,priorto the signing of the contract,a preliminary statement of work force needs (skilled,semi-skilled,unskilled labor and trainees by category) where known;wherenot known,such information shallbe supplied prior tothesignedofany contract betweencontractorsandtheir subcontractors.Consideration shouldbegiventothose contractorswho will have training and employment opportunitiesforprojectarearesidents. Whenabidding procedure is used toletthe contract,the invitationorsolicitationforbids shall advise prospective contractors oftherequirementsof these regulations. Initials Page 1 of 2 15-SECTION 3 REQUIREMENTS Miami-DadeCountyPHCO I'lUl..,.•.„-...<nu»liHimmumUimM^iimi,tumi\wuinnmi^uaemm^m^^mm,u ——a——„,"iUff |||||I III!TUMI I Page 26 Applicant,recipient and contractors should insert plan for utilization of project area business in the bid documents.The recipient must have indicated therein that Section 3 applies tothe projectandwhatIsexpectedof them.All contractors who bid ajobjustshowintheir bid what they will do to implement Section 3.They must in this bid commit themselves toa goal and show what they intend todoto reach that goal.When the bids are opened,they must be evaluated in terms of the bidder's responsiveness to Section 3.A bid whichlacksa commitment toSection3or which lacks agoalor plan toreachagoalmaybe judged nonresponsive. Applicants,recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance aremadeapartofall contracts. In implementing its affirmative action plan,each applicant,recipient,contractor,or subcontractorshallmakeagood faith effort toachieveitsgoalortargetnumberandestimated dollar amountofcontractstobe awarded tothe eligible businessesandentrepreneurs within each categoryover the durationoftheSection3coveredproject. IV.UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Eachapplicant,recipient,contractoror subcontractor undertakingworkinconnection with a Section3coveredprojectshallmakeagood faith effort to fill all vacant training and occupational category positions with lowerincomeproject area residents. For further information or if vou have any questions regarding Section 3.please contact: Norissa Nelson,Resident Services Coordinator PublicHousingandCommunityDevelopment 701NW 1st Court,14th Floor Miami,Florida 33136 Office:786-469-4162 Email:Section3@miamidade.gov Page 2of2 15-SECTION 3 REQUIREMENTS Mlaml-Dade CountyPHCD Page 27 fZcA, initials SECTION 3 CLAUSE A.The worktobe performed under this contract is subject to the requirements of section 3 oftheHousingand Urban Development Act of 1968,as amended,12 U.S.C.170lu (section3),The purpose of section 3isto ensure that employment and other economic opportunities generated byHUD assistance of HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,be directed tolow-and very low-Income persons,particularly personswhoarerecipientsof HUD assistance for housing. B.The parties tothiscontract agree to comply withHUD'sregulationsin24CFRpart 135, whichimplementsection3.As evidenced bytheirexecutionofthiscontract,the parties to this contract certifythat they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labororganizationor representative of workers withwhich the contractor has a collective bargaining agreement orother understanding, ifany,anoticeadvisingthelabororganizationor workers'representative of the contractor's commitments underthis section 3 clause,and will post copies of the notice inconspicuousplacesattheworksitewherebothemployeesandapplicantsfor training preference,shall set forth minimumnumberandjobtitlessubjecttohire,availability of apprenticeship and training positions,the qualifications for each;and the name and locationofthe person(s)takingapplicationsforeachof the positions;andthe anticipated date the work shall begin. D.The contractor agreestoincludethissection3clauseineverysubcontractsubjectto compliancewithregulationsin24CFRpart135,andagreestotake appropriate action, as provided inan applicable provision ofthesubcontractorinthissection3clause, upona finding thatthesubcontractorisin violation ofthe regulations in24CFRpart 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulationsin24CFRpart 135. E.The contractor will certify thatanyvacantemployment positions,including training positions,that arefilled(1)after the contractor is selected but before the contract is executed,and(2)with persons otherthanthosetowhomtheregulationsof24CFR part135require employment opportunities tobe directed,were not filledto circumvent the contractor's obligations under CFRpart 135. F.Noncompliance with HUD's regulationsin24CFR part 135mayresultin sanctions, terminationofthiscontractfordefault,and debarment or suspension fromfutureHUD assisted contracts. 16-SECTION 3 CLAUSE Mlaml-DarieCounty PHCD Page 28 Initials BIDDER'S INITIAL SECTION 3 GOALS 1.The Bidder agreesto comply with Section 3ofthe Housing and Urban Development Act of 1968,as amended. 2.The Bidder estimates thatthere will be ^>new employees hired during the performance ofthis contract.Furthermore,should this contract belettothe Bidder,the Bidder agreesto delineate work force needs (skilled,semiskilled,unskilled,labor,and trainees)by category. 3.Ofthesenew employees,the Bidder plans to hire atleast /*&percent (%)from the Section 3 CoveredArea(DadeCounty,Florida). 4.TheBidder estimates that Z>percent(%)of those materials purchased foruseonthis project will be from businesslocatedinthe Section 3 Covered Area(Dade County,Florida) D.Ruei Miles (please print),as anauthorizedOfficeroftheBidder,do hereby acknowledge thatweareawareofthe requirements under Section 3ofthe Housing and Urban Development Act of I968,as amended,and will abide by them.We further agreeto abide by this AffirmativeAction Plan to the greatest extent feasible and realize that should we be awarded the contract,itbecomessubjectto monitonng for compliance withthisplanby Miami-Dade County Public Housing and Community Development. Agency Name:Employer ID #/FlD#: City ofSouth Miami 41-2242680 Full Address (including City,STandZip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: Print Name: D.Ruel Miles Check one,as applicable: V Contractor Subcontractor Other Title: •President 17 -BIDDERS INITIAL SECTION 3 GOALS Miami-DadeCounty PHCO Page 29 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION ~LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1,Bysigningand submitting this proposal,the prospective lowertier participant is providing the certification set out below. 2.The certificationinthis clause isamaterial representation of feet uponwhich reliance was placed when this transaction was entered into.If rtis later determined that the prospective lowertierparticipantknowingly rendered an erroneous certification,inadditionto other remedies availableto the Federal Government,the department or agency withwhichthis transaction originated may pursue available remedies,including suspension and/or debarment 3:The prospecttre~towertter^^ person to whom thisproposalis submitted ifat anytime the prospective lowertier participant learns thatits certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person,primary coveredtransaction,principal,proposal andvoluntarily excluded,as used inthis clause,have the meanings set outin the Definitions and Coverage sections ofrules implementing Executive Order12549. You may contact thepersontowhichthisproposalis submitted for assistance in obtaining a copy of those regulations. 5.Theprospective lower tier participant agreesby submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter intoanylowertiercoveredtransactionwithaperson who isdebarred, suspended,declared ineligible,or voluntarily excluded from participation inthis coveredtransaction,unlessauthorizedbythedepartmentor agency withwhichthis transaction originated. 6.Theprospective lower tier participant further agreesby submitting this proposal that it will includethisclause titled "Certification Regarding Debarment,Suspension, Ineligibility,and VoluntaryExclusion -LowerTierCoveredTransaction,without modification,inall lower tier covered transactions. Peg»1 of3 18 -CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Mlaml-Dade County PHCD Page 30 7.A participant in a covered transaction may rely upon a certification ofa prospective participant in a lower tier covered transaction thatitisnot debarred,suspended, ineligible,or voluntarily excluded from thecovered transaction*unlessitknowsthat the certification is erroneous.A participant maydecidethemethodand frequency bywhichit determines the eligibility of its.principals. 8.Nothing containedinthe foregoing shallbeconstruedto require establishment ofa systemof records in order to render in good faith the certification required by this clause.Theknowledgeand information ofa participant isnot required toexceed that which is normally possessedbya prudent personinthe ordinary courseof business dealings. 9.Except for transactionsauthorizedunder paragraph 5of these instructions,ifa participantina covered transactionknowingly enters intoalowertier covered transactionwithapersonwhois suspended,debarred,ineligible,or voluntarily excluded fromparticipationinthis transactions inaddition,toother remedies availabletothe Federal Government,the department or agency with whichthis transaction originated maypursue available remedies,including suspension and/or -—debarment Page 2of3 16 -CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INEUGIBILTYAND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Mlaml-Dade County PHCD Page 31 CERTIFICATION REGARDINGDEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER TRANSACTIONS By submission oftheproposal,the prospective lowertierparticipantcertifies,that: Neitheritnorits principals ispresentlydebarred,suspended,proposedfor debarment, declared ineligible,or voluntarily excluded from participation inthistransaction,byany Federal department or agency. Wheretheprospectivelowertier participant isunabletocertifytoanyofthe statements inthis certification,such prospective participant shall attachanexplanationtothis proposal. Agency Name:Employer ID #/F1D#: City of SouthMiami 41-2242680 Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature:—5 Print Name: D.Ruel Miles Check one,as applicable: v Contractor Subcontractor Other Title: President Page 3of3 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INEUGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 32 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying outthe contract,the contractor shallnot discriminate againstanyemployeeor applicant for employment because of race,color,religion,sex,ornationalorigin.Thecontractorshall take affirmative actionto insure thatapplicantsfor employment are employed,andthatemployeesare treatedduringemployment,withoutregardtotheirrace,color religion,sex,ornational origin.Such actionshall include,butnot limited to,advertising;layoff or termination;ratesofpayorother forms of compensation;andselectionfor training,including apprenticeship.Thecontractorshallpostin conspicuous places,available to employees and applicants for employment,notices to be provided by the Government setting for the provisions of the nondiscrimination clause.The contractor shall state thatall qualified candidates will receive consideration foremployment without regardtorace,color, religion,sex,or national origin. Agency Name: City ofSouthMiami Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: Print Name: D.Ruel Miles Check one,as applicable: v Contractor Subcontractor Other Employer ID #/FID#: 41-2242680 Title: President 19 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 117.46 Miami-DadeCountyPHCD Page 33 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1)The contractorwillnotdiscriminate against any employee orapplicantfor employment because he or she isa disabled veteran or veteran of the Vietnam erainregardtoany position forwhich the employee orapplicantfor employment isqualified.The contractor agrees totake •affirmative action to employ,advance in employment and otherwise treat qualified individuals without discrimination based on their status asa special disabled veteran or veteran of the Vietnam erainall employment practices,including the following: i.recruitment,advertising,and jobapplication procedures; ii.hiring,upgrading,promotion,awardof tenure,demotion,transfer,layoff, termination,right of return fromlayoffandrehiring; iii.rates of pay orany other form of compensation and changes in compensation; iv.job assignments,jobclassifications,organizational structures,positiondescriptions, lines of progression,and seniority lists; v.leaves of absence,sick leave,or any other leave; vi\fringe benefits availablebyvirtueof employment,whether ornot administered by ^the contractor; vii.selectionand financial supportfor training,including apprenticeship,andon-the-job training under 38U.S.C.3687,professional meeting,conferences,and other related activities,and selection for leaves of absence to pursue training; viii.activities sponsored by the contractorincludingsocialorrecreationalprograms;and ix.any other term,condition,orprivilegeof employment 2)The contractor agrees to immediately listall employment openings which exist at the timeof theexecutionofthiscontract,including thosenotgeneratedbythiscontractand including those occurring at an establishment of the contractor other that the one wherein the contract is beingperformed,butexcluding those of independently operated corporateaffiliates,atan appropriate local employment serviceofficeofthestate employment security agency wherein the opening occurs.Listing employment openings with the U.S.Department of Labor's America's JobBankshallsatisfytherequirementtolist jobs withthelocal employment service office. 3)Listing of employment openingswiththeemploymentserviceofficepursuanttothisclause shall be made at least concurrently with the use of any other recruitment source or effort and shallinvolvethenormal obligations whichattachto the placing ofabona fide job order, includingthe acceptance of referrals ofveteransand non-veterans.The listing of employment openings does,not require the hiring ofany particular job applicants or from any particular groupofjobapplicants,and nothing hereinisintendedtorelievethecontractor from any requirementsinExecutiveordersor regulations regarding nondiscrimination inemployment. Pagel of3 20-EQUALOPPORTUNITYFORSPECJALDISABLED VETERANS AND VETERANS OFTHEVIETNAMERA Miami-Dade County PHCD Page 34 4)Whenever the Contractor becomes contractually bound tothe listing provisions in paragraphs 2 and3ofthisclause,itshall advise the employment service agency in each State whereithas establishmentsofthenameand location ofeach hiring location inthe state:Provided,thatthis requirement shall not apply tostateand local governmental contractors.As long asthe Contractor is contractually bound tothese provisions and hasso advised thatstate agency, thereisnoneedto advise the state agency of subsequent contracts.The Contractor may advise the state agency whenitisnolongerboundbythiscontractclause. 5)The provisions of paragraphs 2and3ofthisclausedonot apply tothe listing of employment openingswhichoccurandare filed outsideofthe50States,the District of Columbia,the Commonwealth ofPuertoRico,Guam and the VirginIslands. 6)As used in this clause: i.All employmentopenings includes all positions exceptexecutiveandtop management, those positions that will be filled from within the contractor's organization,and positions lasting threedaysorless.Thisterm includes full-time employment,temporary employment ofmorethatthree days'duration,andpart time employment. ii.Executive andtopmanagementmeansanyemployee:(a)whose primary dutyconsistsof the management oftheenterpriseinwhichheorsheisemployedorofacustomarily TelttpiTz^lJ^aTtr^ theworkoftwoormoreotheremployees therein;and(c)whohasthe authority tohireor fire other employees or whose suggestionsandrecommendationsastothe hiring or firing and asto the advancement andpromotionor any other change of status of other employees will begiven particular weight;and (d)who customarily and regularly exercises discretionarypowers;and(e)whodoesnotdevotemorethan20percent,or,in the case of an employee oraretailor service establishment who does not devote as much as 40 percent,ofhisorherhoursofworkinthework week toactivitieswhicharenotdirectlyand closelyrelatedto the performanceoftheworkdescribedin(a)through .(d)ofthisparagraph 6.IL;Provided,that(e)ofthis paragraph 6.ii.shallnotapplyinthe case ofan employee who isin sole charge of an independent branch establishment,or who owns at least a 20- percent Interest in the enterprise inwhich he or she is employed. iii.Positionsthat will be filled from within thecontractor'sorganization means employment openings for which no consideration will be given to persons outside the contractors organization(includinganyaffiliates,subsidiaries,andparent companies)andincludesany openings which the contractor proposes to fill fromregularly established "recall"lists.The exception does not applytoaparticular opening once an employer decides to consider applicants outside of hisor her own organization. 7)The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 8)In the event oftheContractor's non-compliance with the requirements ofthis clause,actions for non-compliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act Page 2of3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Mlarm-Oade Count/PHCD Page 35 9)The Contractor agrees topostin conspicuous places,availableto employees and applicants for employment,notices inaformto be prescribedby the Deputy Assistance Secretary for FederalContract Compliance Programs,Director,providedbyorthrough the contracting officer.Such notice shall state the rightsof applicants and employees as well as the contractor's obligation under the lawto take affirmativeactionto employ and advance In employment qualified employees and applicants who are special disabled veterans or veteransoftheVietnamera.Thecontractor must ensure thatapplicantsor employees who are special disabled veterans are informed of the contents of the notice (e.g.,the contractor may have the notice readtoavisually disabled Individual,or may lower the posted notice so thatitmightbe read bya person ina wheelchair). 10)The Contractorwillnotify each laborunionor representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans*Readjustment Assistance Act of ig74,as amended, andiscommittedto take affirmativeactiontoemployandadvancein employment qualified special disabled veterans and veterans of the Vietnam era. 11)The Contractorwill includetheprovisionsofthisclauseineverysubcontractor purchase order of$10,000ormoreunlessexemptedby rules,regulations,or orders oftheSecretaryissued pursuantto the Act,sothat such provisionswill be bindingupon each subcontractor or vendor. ——-The^ontraet€HHMithtatersueh^^ Deputy Assistance SecretaryforFederal Contract Compliance Programs maydirecttoenforce such provisions,includingactionfor non-compliance. Agency Name: City of SouthMiami Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature? Print Name: D.Ruel Miles Check one,as applicable: Contractor _Subcontractor Other ^hecl< Employer ID #/FID#: 41-2242680 Page 3of3 20-EQUAL OPPORTUNITY FORSPECIALDISABLEDVETERANSANDVETERANSOFTHEVIETNAM ERA Miami-Dade CountyPHCD Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISAB1LITIESS 1)The contractor will not discriminate against any employee or applicant for employment becauseheorsheisa physical or mental disability in regard toany position for which theemployeeor applicant for employment is qualified.The contractor agrees totake affirmative action to employ,advance in employmentand otherwise treat qualified individuals with disabilities without discrimination basedon their physical or mental disability in all employment practices,including the following: x.Recruitment,advertising,andjob application procedures; xl.Hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff, termination,rightofreturn from layoffand rehiring; xiL Ratesofpayoranyother form ofcompensationandchanges in compensation; xiii.Jobassignments,job classifications,organizational structures,position Ttescrtptfons,linesof piogtessionrandsenfoTrtyli! xiv.Leaves of absence,sick leave,or any other leave; xv.Fringe benefits availablebyvirtue of employment,whether ornot administered by the contractor; xvi.Selectionand financial support for training,including apprenticeship, professional meetings,conferences,and other relatedactivities,and selectionfor leaves of absence topursue training; xviL Activities sponsored by the contractorincludingsocialorrecreational programs;and xviii.Any other term,condition,orprivilegeof employment. 2)The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary ofLabor issued pursuant to the Act. 3)In the event of the Contractor's non-compliance with the requirements ofthisclause, actions for non-compliance may betakenin accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 4)The Contractor agrees to post in conspicuous places,availableto employees and applicants for employment,notices inaformto be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs,provided by or through the contracting officer.Such notice shall state the rightsof applicants and employees as wellasthe contractors obligationunderthelawto take affirmativeactiontoemploy and advance in employment qualified employees and applicants with disabilities.The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g.,the contractor may have the notice readtoavisually disabled individual,or may lowerthe posted notice so thatit might be readbya person ina wheelchair). Page1 of2 21 -EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Mieml-Dade County PHCD Page 37 5) 6) The Contractor will notify each labor unionor representative of workers withwhichit has a collective bargaining agreement or other contract understanding,that the contractor isboundbythe terms ofSection 503 oftheRehabilitationActof 1973,as amended,and is committed to take affirmative action to employ and advance in employment individualswithphysicalormentaldisabilities. The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000,unless exempted byrules,regulations,or orders of the Secretary issued pursuant to Section 503 of the Act,as amended,so that such provisions will be bindingupon each subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may directto enforce such provisions,including action for non-compliance Agency Name:Employer ID #/FiP#: City ofSouthMiami 41-2242680 Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: Print Name: D.Ruel Miles Check one,as applicable: \f Contractor Subcontractor Other Title: President PejJe2of2 21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami-DadeCountyPHCD Page 38 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER 11246) 60-4.2 (d)THE NOTICEOFREQUIREMENTFORAFFIRMATIVEACTION 1.The Offeror's or Bidder's attention is called tothe "Equal Opportunity Clause" andthe "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. 2.Thegoalsandtimetables for minority andfemale participation,expressedin percentage terms for the Contractor's aggregate workforceinall trades onall construction work in the covered area,are as follows: A.GOALS FOR MINORITY UTILIZATION,All Trades: Area Covered:Dade County,Florida Goals and Timetables * Timetable Trade Goal Until Further Notice All 39.5% B.GOALS FOR FEMALE UTILIZATION,All Trades: Area Covered:Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHERORNOTIT IS FEDERALORFEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Pagel of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER11246) MiarnJ-Dade County PHCD Page 39 Initials The Contractor's compliance with the ExecutiveOrderand the regulations in41 CFR Part 60-4shallbe based onits implementation ofthe Equal Opportunity Clause,specificaffirmativeactionobligationsrequiredby the specifications set forthin41CFR 60-4.3(a),anditseffortsto meet the goals'established for the geographicalarea where the contractresultingfromthissolicitationistobe performed.The hours of minorityandfemale employment andtraining must be substantially uniform throughout the lengthof the contract,andin each trade, and the Contractor shall make agoodfaitheffortto employ minorities and women evenly on each ofitsprojects.The transfer of minorityorfemale employees or trainees fromContractortoContractororfromprojecttoproject for the sole purpose of meeting the Contractor's goals shall be aviolation of the contract,the Executive Order and the regulations in41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3.The Contractor shall provide written notificationto the Director of the Office of FederalContract Compliance Programs within 10 working days of awardofany construction subcontract in excess of $10,000,at any tierfor construction work undetihe,contract -resulting from this solicitation Thajxattficatioixshi name,addressand telephone numberofthesubcontractor,employer identification number,estimated dollaramountofthesubcontract;estimated starting andcompletion dates ofthe subcontract;andthegeographicalarea in which the contract isto be performed. 4.As usedinthisNotice,andinthecontractresultingfromthissolicitation,the "covered area"isMiami-DadeCounty.Florida (insertdescription of the geographical areaswherethe contract istobeperformed giving thestate, county and city,if any). 60-4.3 (a)EQUAL OPPORTUNITY CLAUSE During the performances ofthis contract,the Contractor agrees as follows: 1.The Contractor will not discriminate againstany employee orapplicant for employment because ofrace,color,religion,sex,or national origin.The Contractor will take affirmative action toensurethat applicants areemployed, andthat employees aretreated during employment,without regard totheir race, color,religion,sex ornational origin.Suchactionshallinclude,butnotbe limited tothe following:employment,upgrading,demotion,or transfer; recruitment orrecruitment advertising;layoff or termination;ratesofpayorother forms of compensation;and selection for training,including apprenticeship.The Contractor agreestopost in conspicuous places,available toemployees and applicants for employment,noticestobe provided setting forth the provisions of this Equal Opportunity Clause. Page 2of 10 22-NOTICE Of REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Mlaml-Dade County PHCD mnw»mgaanffiTOmBBWBatmiMaMiHjui**i^mn |||i;nT||iiii||^|i||[i|^rMTOTmnMllIWIIIMIIllI^ Page 40 Initials 2.The Contractor will,in all solicitations or advertisements for employees placed byoronbehalfofthe Contractor,statethat all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3.The Contractor will sendtoeach labor union or representative of workers with whichhe has acollective bargaining agreement orothercontractor understanding,anoticetobeprovidedadvising the laborunionor workers1 representative ofthe Contractor's commitments under this Equal Opportunity clause and shall postcopiesofthe notice in conspicuous places available to employees andapplicants for employment. 4.The Contractor will complywith all provisionsofExecutiveOrder 11246 of September 24,1965,andoftherules,regulations,andrelevantordersofthe Secretary of Labor. 5.The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965,andbytherules,regulations,andordersof the-Seeretary-ef Labor of^tfrettafrt^tiere^ records andaccountsby HUD andthe Secretary of Labor for purposes of investigation toascertain compliance withsuch rules,regulations,andorders. 6.In the event ofthe Contractor's noncompliancewiththe nondiscrimination clauses ofthis Contract or with anyofthesaidrules,regulations,or orders,this Contractmaybecanceled,terminated,or suspended inwholeor in part andthe Contractor may be declared ineligibleforfurther contracts in accordance with proceduresauthorizedin Executive Order 11246 of September 24,1965,and suchothersanctionsmaybeimposedandremediesinvokedas provided in ExecutiveOrder 11246 of September 24,1965,orby rule,regulation,ororderof the SecretaryofLabor,orasotherwiseprovidedbylaw. 7.The Contractor will includethestatementpreceding subparagraph (1)andthe provisions of subparagraph (1)through (7)ineverysubcontractorpurchases orderunlessexemptedby rules,regulations,orordersofthe Secretary of Labor issued pursuantto Section 20ofExecutiveOrder11246of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with respecttoanysubcontractorpurchase orderas HUD manydirectasa means ofenforcingsuch provisions including sanctions for noncompliance;provided,however,that in the event the Contractor becomes involvedinoris threatened with litigation witha subcontractor or vendor asaresultof such directionby HUD,the Contractor may request the United States to enter into such litigationto protect the United States. Page 3of10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER11248) Miami-DadeCountyPHCD Page 41 Initials STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1.As used in these specifications: a."Covered area"means the geographical area described in the solicitation from which this contract resulted. b."Director"means Director,Officeof Federal Contract Compliance Programs,United States Department ofLabor,orany person towhom the Director delegates authority. c."Employer Identification number"means the FederalSocialSecurity number used on the Employer's Quarterly Federal Tax Return,U.S. Treasury Department Form 941. -d.--"Minority*includes?- -Black(all persons havingoriginsin any of the BlackAfricanracial groups not of Hispanic origin). -Hispanic (all persons ofMexican,Puerto Rican,Cuban,Central or South American orotherSpanish Culture or origin regardlessof race). -AsianandPacificIslander (all persons havingoriginsinanyofthe original peoples of the Far East,Southeast Asia,the Indian Subcontinent, or the Pacific Islands);and -American Indian or Alaskan Native (all persons having origins inanyof the original peoples ofNorthAmericaandmaintainingidentifiabletribal affiliations through membership and participation or community identification). 2.WhenevertheContractor,oranySubcontractoratanytier,subcontracts a portionofthework involving anyconstructiontrade,itshall physically includein each subcontractin excess of$10,000,theprovisionsof these specifications andtheNotice which containstheapplicablegoalsfor minority andfemale participation and which is set forthin the solicitations fromwhich this contract resulted. Page 4of10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTIONTOENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER11246) Mlamt-Dade.County PHCD iJilaiBmamtWWIIWBiHliyiHIIIIIIUIIIllw !!•linn i i'iiii r I mriinmH.wmnmiH rn i "mr-'-ir" Page 42 %l 3.If the Contractor is participating (pursuant to 41 CFR 60-4.5)in a Hometovyn Planapprovedbythe U.S.DepartmentofLaborinthecoveredareaeither individually or through an association,its affirmative action obligations on all workinthe Plan area (including goalsandtimetables)shallbeinaccordance with that Plan for thosetrades which have unions participating in the Plan. Contractors mustbe able to demonstrate their participation in and compliance with the provisionsofanysuchHometown Plan.Each Contractor or Subcontractor participating inan approved Plan is individually required to comply with its obligations underthe EEO clause,andtomakeagood faith effort to achieve each goal under the Planin each trade in which it has employees.The overall good faith performancebyother Contractors or Subcontractors toward a goal in an approved Plan doesnotexcuseanycovered Contractor orSubcontractor's failure totakegood faith effortstoachievethe Plan goafs and timetables. 4.The Contractorshall implement the specific affirmativeaction standards provided in paragraphs 7a through 7pof these specifications.Thegoalsset forth inthe solicitation from whichthiscontractresultedare expressed as —pereeFrta§es^ef-#ie-4etal-4te femaleutilization the Contractorshould reasonably beableto achieve in each constructiontradeinwhichithas employees inthecoveredarea.The Contractor is expected tomake substantially uniform progress toward itsgoals in each craftduring the period specified. 5.Neither the provisions ofany collective bargaining agreement,nor the failure by aunionwithwhomthe Contractor hasacollective bargaining agreement,to refereitherminoritiesor women shall excuse theContractor'sobligationsunder these specifications,ExecutiveOrder 11240,nor the regulations promulgated pursuant thereto. 6.In orderfor the nonworkingtraininghoursof apprentices and trainees tobe countedin meeting thegoals,the Contractor must employsuchapprenticesand trainees during the trainingperiod,and the Contractor must have a commitment to employ the apprenticesandtraineesatthecompletionoftheir training, subject to the availability of employment opportunities.Trainees must be trained intraining programs approved byU.S.Department ofLabor. 7.The Contractor shall take specific affirmative actions to ensure equal employment opportunity.The evaluation of the Contractor's compliance with these specifications shall be based uponitseffortto achieve maximum results fromits actions.The Contractorshall document these efforts fully,andshall implement affirmativeaction steps at least as extensive as the following: Page 5of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 1124A) Mlaml-Dade CountyPHCD Page 43 3iL Initials a.Ensure and maintain aworking environrhent free of harassment, intimidation,and coercion atall sites,andinall facilities at which the Contractor's employees are assigned towork.The Contractor,where possible,will assign twoor more women to each construction project. The Contractor shall specifically ensure that all foremen,superintendents, and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention tominorityor female individualworkingat such sites or in such facilities, b.Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor orits unions have employment opportunities available,and maintain a record of the organizations'responses. c.Maintaina current file of the names,addresses and telephone numbers of each minority and female off-the-street applicantandminorityor -^—female—referral frerr^-a-Hinienr-a-^^g^itmeRt .sour.co-.of community- organizationandof what action was taken with respect to each such individual.If such individual was sent to the unionhiringhallforreferral and was notreferred back totheContractorby the union,ifreferred,not employed by the Contractor,this shall be documented in the filewith the reason therefore,along with whatever additional actions the Contractor may have taken. Provide immediate written notification to the Director when the union or unionswithwhich the Contractor hasa collective bargaining agreement hasnot referred to the Contractor a minority personorwomansentbythe Contractor,or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. Develop on-the-job training opportunities and/or participate in training programs for theareawhich expressly includeminoritiesand women, including upgrading programs and apprenticeship andtrainee programs relevanttotheContractor's employment needs,especially those programs funded or approved by the Department of Labor.The Contractorshallprovidenoticeof these programstothe sources complied under (7)b above. 3RInitiate PafisBof 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TOENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246), Miami-Dade County PHCD Page 44 f.Disseminate the Contractor's EEO policy by providing notice of the policy tounions and training programs and requesting their cooperation in assistingthe Contractor inmeetingitsEEO obligations;by including itin any policy manual and collective bargaining agreement;by publicizing it inthecompanynewspaper,annual report,etc.;byspecific review ofthe policy with all management personnel and with all minority and female employeesatleast orice a year;andby posting thecompany EEO policy onbulletinboardsaccessibletoall employees ateach location where construction work is performed. g.Review,atleastannually,the company's EEOpolicyand affirmative action obligations underthesespecifications with all employees having anyresponsibilityfor hiring,assignment,layoff,terminationorother employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,GeneralForemen,etc., priortothe initiation ofconstructionworkat any jobsite.Awrittenrecord shallbe made andmaintainedidentifying the timeandplaceof these meetings,personsattending,subject matter discussed,anddisposition of the subject matter-—— "Iit h.Disseminatethe Contractor's EEOpolicyexternallyby including itinany advertisingin the news media,specifically including minorityandfemale news media,and providing written notification toanddiscussingthe Contractor's EEOpolicywith other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i.Directits recruitment efforts,bothoralandwritten,tominority,femaleand community organizations,to schools withminority and female students and to minorityandfemale recruitment andtraining organizations serving the Contractor's recruitment area and employment needs.Notlater than one month priorto the datefor the acceptance of applications for apprenticeship or other trainingby any recruitment source,the Contractor shall send written notificationto organizations such as the above, describing the openings,screening procedures,and tests to be used in the selection process. j.Encourage present minority and female employees torecruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k.Validate all tests and other selection requirements where there is an obligation todo so under 41 CFR Part 60-3. Page 7of to 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Momf-Dade CountyPHCD Page 45 3A Initials I Conduct,at least annually,an inventory and evaluation at least of all minorityand female personnel forpromotional opportunities and encourage these employees to seek orto prepare for,through appropriate training,etc.,such opportunities. •t m.Ensure that seniority practices,job classifications,work assignments and other personnelpractices,donothavea discriminatory effect by continually monitoringall personnel and employment related activities to ensure that the EEOpolicy and the Contractors obligations under these specifications are being carried out. n.Ensure that all facilitiesand company activitiesare non-segregated except that separate or single-user toiletand necessary changing facilitiesshallbeprovidedto assure privacy between the sexes. o.Document and maintain a record of all solicitations or offers for subcontracts from minority and female construction contractors and suppliers,including circulationofsolicitationstominorityandfemale Bontraetei^ssoeiatiens-arKJ-^er^^—— p.Conduct areview,at least annually,of all supervisors'adherence toand performance under the Contractor's EEO policies and affirmative action obligations. 8.Contractors are encouraged to participate involuntary associations that assist in fulfilling oneormoreoftheir affirmative action obligations (7)a.through (7)p. The efforts ofacontractor association,jointcontractor-union,contractor- community,or other similar group of which the contractor isa member and participant,maybe asserted as fulfilling anyoneormoreofitsobligationsunder (7)a,through (7)p.of these Specifications provided thatthe contractor actively participates in the group,makesevery effort toassure that the group hasa positive impactontheemploymentof minorities andwomeninthe industry, ensures that the concrete benefits of the programare reflected in the Contractor's minority andfemaleworkforce participation,makes agood faith effortto meet its individual goalsand timetables,andcanprovide access to documentation which demonstrates the effectiveness of actions taken on behalf of theContractor.Theobligationtocomply,however,istheContractor'sand failure of such agroupto fulfill anobligationshallnotbea defense forthe Contractor's noncompliance. Page 8of to 22-NOTICE OF REQUIREMENT FORAFFIRMATIVE ACTION TOENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER11246) Miami-Dade County PHCO Page 46 in. initials 9.Asingle goal for minorities and aseparate single goal for womenhavebeen established.The Contractor,however,is required to provide equal employment opportunity andtotake affirmative action for all minority groups,bothmaleand female,and all women,both minority and non-minority.Consequently,the Contractor maybein violation ofthe Executive Order ifa particular group is employed in a substantially disparate manner (for example,even though the Contractor hasachievedits goals for women generally,the Contractor maybe in violation ofthe Executive Order ifa specific minority group ofwomenis underutilized). 10.The Contractorshallnot use the goalsand timetables oraffirmativeaction standardsto discriminate againstanypersonbecauseofrace,color,religion, sex,or national origin. 11.The Contractor shallnotenterintoanySubcontractwithanypersonor fimn debarred from Government contractspursuantto Executive Order 11246. 12.The Contractorshallcarryoutsuchsanctionsandpenaltiesfor violation of these and—ef^^e-^qiiaf^ppertofHty^lauso,includin§--suspensief!r termination and cancellation of existing'subcontractsasmaybeimposedor orderedpursuanttoExecutiveOrder 11246,as amended,anditsimplementing regulations,bytheOfficeof Federal Contract Compliance Programs.Any Contractor who failstocarry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 13.The Contractor,in fulfilling itsobligationsunder these specifications,shall implement specific affirmative action steps,at least as extensive as those standards prescribed inparagraph(7)of these specifications,soasto achieve maximum resultsfromitseffortsto ensure equal employment opportunity.Ifthe Contractorfailsto comply with the requirements of the Executive Order,the implementing regulations,or these specifications,the Directorshall proceed in accordance with 41 CFR 60-4.8. 14.TheContractorshall designate aresponsible official tomonitorall employment relatedactivityto ensure that the company EEOpolicyis being carriedout,to submit reportsrelatingtotheprovisions hereof as may be requiredbythe Government and to keep records.Records shall at least include for each employee the name,address,telephone numbers,construction trade,union affiliationifany,employee identification number when assigned,social security number,race,sex,status (e.g.mechanic,apprentice,trainee,helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed.Records shall be maintained inan easily understandable and retrievable form;however, to the degree that existing records satisfy this requirement,contractors shallnot be required to maintain separate records. Initial Page 9of10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 47 15.Nothing herein provided shall be construed as alimitation upon the application of other laws that establish different standards of compliance orupon the application of requirements forthehiringoflocalorother area residents (e.g., these under the Public Worics Employment Actof 1977 and the Community Development Block Grant Program). Page 10of10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TOENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVEORDER 11246) Miami-Dade County PHCD Page 48 2*4 initiate EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work,or modification thereof,as defined in the regulations ofthe Secretary of Labor at41 CFR Chapter 60,which is paid in whole or in part with funds obtained from theFederalGovernmentor borrowed onthecreditofthe Federal Governmentpursuanttoa grant,contract,loan insurance,or guarantee,or undertaken pursuant toany federal program involving such grant,contract,loan,insurance,or guarantee,the following equalemployment opportunity clauses:. During the performanceofthis contract,the contractor agreesas follows: 1.The contractor will not discriminate against any employee or applicant for employment because ofrace,color,religion,sex or national origin.Thecontractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion,ggxnDrrortlorrat origin;such action shall include,butnotbe limited tothe following;Employment, upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;ratesof pay or other forms of compensation;and selection for training, including apprenticeship.The contractor agrees to post in conspicuous place, available toemployeeand applicants for employment,notices tobe provided setting forth the provision of this nondiscrimination clause. 2.The contractor will,in all solicitations or advertisements for employees placed byoron behalf ofthecontractor,statethatallqualifiedapplicants will receiveconsiderations for employment without regard to race,color,religion,sex or national origin. 3.The contractor will send toeachlaborunionor representative ofworkerswithwhichhe has acollective bargaining agreement toothercontractorunderstanding,anoticeto be providedadvisingthesaidlaborunionorworker's representatives ofthe contractor's commitments undersection202ofExecutive Order 11246 of September 24,1965,andshallpostcopiesofthenoticeinconspicuousplacesavailableto employees and applicants for employment. 4.Thecontractor will complywith all provisionsofExecutiveOrder 11246 of September 24,1965,andof the rules regulations,andrelevantordersoftheSecretaryof Labor. Page 1of2 23-EQUAL EMPLOYMENT OPPORTUNE CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 49 5.The contractor will furnishallinformationandreportsrequiredby Executive Order 11246 of September 24,1965,and of the rules,regulations,and relevant orders of the Secretary ofLabor,or pursuant*thereto,and will permit access tohis books,records, and accounts bythecontracting agency andthe Secretary ofLaborfor purposes of investigation to ascertain compliance with such rules,regulationsand orders. 6.In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with anyofsuchrules,regulations,ororders,thecontract may be canceled,terminated,or suspended inwholeorinpartandthe contractor may be declared ineligible for further Government contractsinaccordancewith procedures authorized inExecutiveOrder 11246 of September 24,1965,orbyrule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 7.The contractor will include the portion ofthesentence immediately preceding paragraph1andtheprovisionsofparagraphs1through7inevery subcontract or purchase order unlessexemptedby rules,regulations or orders oftheSecretaryof """tabor issued pursuant tu Section204 of^xecotiver^rder~tt246-of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such actionwith respect toanysubcontractororpurchaseorderas the contracting agencymay direct asameansof enforcing such provisions including sanctions for noncompliance.Provided,however,that in the event the contract becomes involvedin,or threatened with,litigationwitha subcontractor or vendor as a resultofsuch direction bythe contracting agency,the contractor mayrequestthe United Statesjo-e^r into such litigation to protect the interests ofthe United States. Print:*-*-Ruel Miles Title President Date: 04.18.14 Business Address:PioneerConstructionManagementServices,Inc. 6114 KW 7th Ave Miami,FL 33127 Page2 of2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11248 Miami-Dade County PHCD iuu.i.,~»l...niiTWinwwiBBa3BBaanaat^^ Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES "Segregated facilities/'asused in this provision,meansany waiting rooms,work areas, restroomsandwashrooms,restaurants andothereatingareas,timeclocks,locker roomsandotherstorageordressingareas,parking lots,drinking fountains,recreation orentertainmentareas,transportation,andhousing facilities provided for employees, thataresegregatedby explicit directive orareinfactsegregatedonthebasisof race, color,religion,ornationalorigin,because ofhabit,localcustom,orotherwise. By the submission of anoffer,the bidder certifies that it does not andwillnotmaintain or provide forits employees anysegregated facilities atany of itsestablishment,and thatitdoesnotand will not permit its employees to perform their services atany locationunderitscontrol where segregated facilities aremaintained.Thebidder agreesthata breach ofthis certification isa violation ofthe Equal Opportunity clauseof the contract By submission of thebid,the bidderfurther agrees that (except where it has obtained identicalcertificatidnisfrom proposedsubco^timepenodsjitwillT a.Obtainidenticalcertificationsfromproposed subcontractors before the awardof subcontractsunderwhichthe subcontractor will besubjecttothe Equal Opportunity clause; b.Retain such certifications initsfiles;and c.Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d.By commencing performance of the Contract work,the selected contractor certifiesto the Nonsegregated Facilities provisions above. Note:The penalty for making false statements in offers is prescribed in18U.S.C. 1001 Print:D.RuelMiles Title:President 04.18.14 Date: BUSIn eSS Add resS:PioneerConstructionManagement Services,Inc. 6114 NW 7th Ave Miami,FL 33127 Page 51 24 -CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade CountyPHCD NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification ofNonsegregated Facilities,asrequiredbythe May 9,1967,order (32 F.R. 7439,May19,1967)on EHminatipn of Segregated Facilities bythe Secretary ofLabor,must besubmittedpriortotheawardofa subcontract exceeding $10,000,whichisnot exempt from the provisionsof the EqualOpportunity Clause.The certificationmaybe submitted either for each subcontract orforall subcontracts duringaperiod(i.e.,quarterly,semiannually, annually). Note:The penalty for making false statements in offers is prescribed in18 U.S.C.1001 Agency Namfe:Employer ID #/FID #: City ofSouth Miami 41-2242680 Full Address (including City,ST and Zip) 6114 NW 7th Ave Miami,FL 33127 Authorized Signature: Print Name: D.Ruel Miles Checjt one,as applicable: V Contractor Subcontractor Other Title: President 25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miaml-Dade CountyPHCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER,CLEAN AIR,EXECUTIVE ORDER (E.O.)11738 AND EPA REGULATIONS PROVISION Thisagreement Is subjecttothe requirements ofthe Clean AirAct,asamended,42 USC 1857et seq.,the Federal Pollution Control Act,as amended,33 USC 1251 etseq.andthe regulations ofthe Environmental Protection Agency withrespectthereto,at40CFRPart 15,asamended from timeto time. The Contractor andanyofitssubcontractors for workfundedunderthisAgreementwhichisin excess of $100,000,agree to the followingrequirements: 1.Any facility tobe utilized inthe performance of this proposed contract has(),hasnot (-fbeen listedonthe Environmental Protection AgencyListof Violating Facilities; 2.Thecontractororanyofits subcontractors agreetocomplywith all therequirementsof Section 114 oftheCleanAirAct,asamended(42ISC 1857c-8)andSection308ofthe Federal Water Pollution Control Act,asamended,(33 USC 1318)relating to inspection,monitoring,entry,reports,,ana mrormation,aswellas all other requirements specifiedinsaidSection114andSection308,and all regulations and guidelines issued thereunder; 3.The contractor or any ofits subcontractors agree that,asaconditionfortheawardof the contract,promptnotice will begivenofany notification received from the Director, Officeof Federal Activities,Environmental Protection Agency (EPA)indicating thata facility utilized orto be utilized for the contract is under consideration to be listedon the EPA list ofViolatingFacilities;and 4.The Contractor or any of its subcontractors agree that hewill include or cause to be includedthe criteria andrequirementsin paragraph 1through4ofthissectioninevery nonexempt sub-contract and that the Contractor will take such action as the Government may directasa means ofenforcing such provisions. Pioneer Construction Management Services,Inc. Name of Bidder Authorized Signature 04.18.14 Date 26 -NOTICEOFREQUIREMENTFORCLEANWATER,CLEANAIR,EXCEUTIV6ORDER(E.O.)11738 ANDEPAREGULATIONSPROVISION Miami-Dade County PHCD Page 53 CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Thebiddercertifiesthat he/she will comply withallapplicable standards,ordersorregulations issued pursuant to the clean Air Act of1970(42 U.S.C.1857 et seq.)and the Federal Water PollutionControl Act(33U.S.C.1251et seq.)as amended andwiththe Lead-Based PaintPoisoningPrevention Act (PublicLaw 91-695).Allapplicablerules and ordersof the Federal Government issued there under prior totheexecutionofthecontract,shallbebindingupon the primebidder,itssubcontractors,and assignees.Violationsbycontractors will bereportedtotheU.S.DepartmentofHousingandUrban Development andtheRegionalOfficeof the Environmental Protection Agency. PioneerConstructionManagement Services,Inc. Name of Bidder Signature 04.18.14 Date 6114 NW 7th Ave,Miami,FL 33127 Official Address (including Zip Code} 27 -CERTIFICATION OF COMPLIANCE WITHFEDERAL REGULATIONS Mlaml-Dade CountyPHCD Page 54 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549,Debarment and Suspension,and implementedat28 CFR Part 67,forprospectiveparticipantsin primary covered transactions,as defined at 28CFR Part 67,Section 67.510- 1.Theapplicantcertifies that itandits principals: (a)Arenotpresentlydebarred,suspended,proposedfor debarment,declared ineligible,sentenced toadenialofFederalbenefitsbya State orFederalcourt,or voluntarily excluded from covered transactions byanyFederaldepartmentor agency; (b)Havenotwithina three-year periodprecedingthisapplication been convictedofor had acivil judgment rendered against themfor commission offraudoracriminal offensein connection with obtaining,attempting to obtain,or performing a public (Federal.State,orlocal)transactionorcontractundera pMMfo transaction:violation ofFederalorState antitrust statutesor commission of embezzlement,theft,forgery, bribery,falsification or destruction ofrecords,making falsestatements,or receiving stolen property; (c)Arenotpresentlyindictedfororotherwise criminally or civilly charged bya governmental entity (Federal,State,orlocal)with commission ofanyof the offenses enumerated in paragraph (1)(b)ofthiscertification;and (d)Havenotwithina three-year period preceding thisapplicationhad one ormore public transactions (Federal,State,orlocal)terminatedfor cause or default and 2.Where the applicant is unable tocertifytoanyofthe statements inthis certification,he or she shall attach an explanation tothis application. PioneerConstructionManagement Services*Inc. Name of Bidder 04.18.14 Date 6114 NW 7th Ave,Miami,PL 33127 Official Address (including Zip Code) 28 -CERTIFICATION REGARDING DEBARMENT,SUSPENSION,ANDOTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Page 55 Mfaml-Dade Count/PHCD SWORN STATEMENTPURSUANTTOSECTION 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 OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1.Thisform statement issubmittedtotheCity of South Miami byP.Ruel Miles,President -Fer- (Print individual's name and title) PioneerConstructionManagement Services,Inc. (Print name of entitysubmittingsworn statement) whose business address 61 *4 NW 7th Ave,Miami,PL 33127 ___^__ and if applicable its Federal Employer Identification Number (FEIN)is 41-2242680 If the entity hasnot FEIN,includethe Social SecurityNumberofthe individual signing thisswornstatement. 2.I understandthata "public entity crime"as defined in paragraph 287.133(1)(g),Florida Statues, meansa violation ofanystateor federal law bya person with respecttoan directly related to thetransactionsofbusinesswithany public entityorwithanagencyor political subdivisionof anyotherstateorwiththeUnited States,including,butnot limited toanybidorcontractfor goodsorservicestobe provided to public entityoragencyor political subdivision ofanyother stateorofthe United Statesand involving antitrust,fraud,theft,bribery,collusion,racketeering, conspiracy,or material misinterpretation. 3.I understand that "convicted"or "conviction"as defined in Paragraph 287.133(1)(b),Florida Statutes,meansa finding of guilt ora conviction ofa public entity crime,with or without an adjudication of guilt,in an federal or state trial court of record relating to charges brought by indictment or information after July 1,1989,asa result ofa jury verdict,non-jury trial,or entry of aplea of guiltyornolo contendere. 4.I.understand that an "Affiliate"as defined in paragraph 237.133(1)(a),Florida Statutes means: a)A predecessor orsuccessorofa person convicted ofa public entity crime,or Pag*1of3 29 -PUBLIC 6NTn*IY CRIMES AFFIDAVIT Miami-DadeCountyPHCD Page 56 b)An entity under the control of any natural person who is active in the management of the entity andwhohasbeen convicted ofa public entity crime.Theterm "affiliate" includes those officers,directors,executives,partners,shareholders,employees, members,and agents who are active in the management of an affiliate.The ownership byone person ofshares constituting a controlling interest in another person,ora pooling ofequipmentorincomeamongpersonswhennot for fair marketvalueunderan arm's length agreement,shall bea prima facie casethatone person controls another person.Apersonwho knowingly entersintoajointventure with apersonwhohasbeen convicted ofa public entitycrime In Rorida during the preceding 36 months shall be considered an affiliate. 5.I understand thata "person"as defined in Paragraph 287.133(1)(e),Florida Statues, meansanynaturalpersonorentityorganizedunderthe laws ofanystateorofthe United States withinthelegalpowertoenterintoa binding contract andwhichbidsor applies to bid on contracts for the provision of goods or entity.The term "person" includes those officers,executives,partners,shareholders,employees,members,and agentswhoareactivein management ofanentity 6.Based on information and belief,the statement which I have marked below is true inrelationto theentity submitting this sworn statement.(Please indicate which statement applies.) •Neither the entity submitting sworn statement,noranyofits officers,director, executives,partners,shareholders,employees,members,oragentswhoareactiveinthe management oftheentity,norany affiliate ofthe entity hasbeenchargedwithandconvictedofa public entity crime subsequent toJuly 1,1989. Theentity submitting thisswornstatement,oroneormoreofits officers,directors, executives,partners,shareholders,employees,members,oragentswhoareactiveinthe managementofthe entity,oran affiliate ofthe entity,oran affiliate ofthe entity hadbeen charged withandconvictedofapublicentitycrime subsequent toJuly 1,1989,AND(pleaseindicatewhich additional statement applies. Theentitysubmittingthisswornstatement,oroneormoreofitsofficers,directors, executives,partners,shareholders,employees,members,oragentswhoareactiveinthe management oftheentity,noranyaffiliateoftheentityhas been chargedwithandconvictedofa publicentitycrime subsequent proceedingbeforeaHearingOfficerofthe State of the State of Florida,Division of Administrative Hearings andthe Final Orderenteredbythe Hearing Officer determined thatitwasnotinthepublicinteresttoplace the entitysubmittingthissworn statement on the convictedvendor list,(attachacopyofthe final order). Pag©2of3 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-DadeCountyPHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE)ABOVE ISFOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Swornto and subscribed before me this Personally known L)-i\Vk£*~(uil Or produced identification. (Type ofidentification) d"jpfc Notary Public State of Florida \M .Melaine Malcolm \£%*J?%Commission EE 159118 ^oTiv^Expires 01/11/201S 18 (Signature) day of.April -,20i! M S Notary Public-State of Ho-aAcv My commission expires l \\\yt V> MAXa^\(A J)uJ Qjs^. (Printed,typed or stamped commissioned name ofnotarypublic) Page3of3. 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-DadeCountyPHCD Page 58 DetailbyEntityName Detail by Entity Name Florida Profit Corporation PIONEER CONSTRUCTION MANAGEMENT SERVICES,INC. Filing Information P07000069881 412242680 06/14/2007 FL ACTIVE AMENDMENT 11/02/2010 NONE Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 3711 SW 47 Avenue #203 Davie,FL 33314 Changed:11/11/2013 Mailing Address 3711 SW47Aveune #203 Davie,FL 33314 Changed:11/11/2013 Registered Agent Name &Address DESMOND MARSH INC. 7900 NW 27 AVE MIAMI,FL 33147 Name Changed:04/30/2012 Address Changed:04/30/2012 Officer/Director Detail Name &Address Title D MILES,DYANR Page 1 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti...4/21/2014 Detail by Entity Name 12506 TEMPLE BLVD WEST PALM BEACH,FL 33412 Annual.Reports Report Year 2012 2013 2013 Filed Date 04/30/2012 04/30/2013 11/11/2013 Document Images 11/11/2013 -AMENDED ANNUAL REPORT View image inPDFformat View image inPDFformat View image inPDFformat View image inPDF format View image inPDF format View image inPDFformat View image inPDFformat View image inPDF format View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat 04/30/2013 -ANNUAL REPORT 04/30/2012 -ANNUAL REPORT 04/29/2011 -ANNUAL REPORT 11/02/2010 -Amendment 08/11/2010 -Rea.Aaent Change 08/11/2010 -Off/Dir Resignation 03/16/2010 -ANNUAL REPORT 07/06/2009 -ANNUAL REPORT 06/18/2009 -Amendment and Name Change 11/17/2008 -REINSTATEMENT 06/14/2007 -Domestic Profit Copyright ©and Privacy Policies State of Florida,Department of State Page 2 of3 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/Enti...4/21/2014 2013 FLORIDA PROFIT CORPORATION AMENDED ANNUAL REPORT DOCUMENT*P07000069881 EntityName:PIONEER CONSTRUCTION MANAGEMENT SERVICES,INC. Current Principal Place of Business: 3711SW 47 AVENUE #203 DAVIE,FL 33314 FILED Nov 11,2013 Secretary of State CC9015893263 Current Mailing Address: 3711SW47AVEUNE #203 DAVIE,FL 33314 US FEI Number:41-2242680 Name and Address of Current Registered Agent: DESMOND MARSH INC. 7900 NW 27 AVE MIAMI,FL 33147 US Certificate of Status Desired:No The abovenamed entity submits this statement for thepurpose of changing itsregistered office orregistered agent,orboth,In theStateofFlorida. SIGNATURE: ElectronicSignatureofRegisteredAgent Officer/Director Detail: Title D Name MILES,DYAN R Address 12506 TEMPLE BLVD City-State-Zip:WEST PALMBEACHFL 33412 Date I herebycertifythatthe information indicatedonthisreportoraupplementelreportIs trueandaccurateandthatmy electronic signature shallhavethesame lagaleffectasIfmadeunder oath;thatIaman officer or director ofthe corporation orthereceiverortrusteeempoweredtoexecute thisreportas required byChepter607,Florida Statutes;andthatmynameappears above,oronan attachment with allotherlike empowered. SIGNATURE:DYAN RUEL MILES PRESIDENT 11/11/2013 ElectronicSignatureofSigningOfficer/DirectorDetail Date April 1,2014 ^^^Public Housingand Community Development MI AM 1-DADEJhI 701 NW 1st Court •14th Floor Miami,Florida 33136-3914 T 786-469-2100 F 786-469-2237 Carlos A.Gimenez,Mayor miamidade.gov Mr.Steven Alexander City Manager City of South Miami 6130 Sunset Drive,City Hall 1st Floor South Miami,Florida 33143 Re:Approval of the bid package soliciting Invitation to Quote for the Marshall Williamson Park Improvements project Dear Mr.Alexander: Public Housing and Community Development (PHCD)has reviewed and approved the Cityof South Miami's(theCity)request for approval of.theproposed Invitation toQuote(ITQ)package for the Marshall --~Williamsoa_Hark...to^ Grant(CDBG)contract jOnc?the C|ty has mad^ofthe Contractor,youmust provide the following documentsto PHCDiho^ •Complete bid package from the selected Contractor •Bid tabulation forall the proposals receivedbytheCity •Recommendations by the City'sstaffregarding selection of Contractor •The City's minutes or resolution approving selection of Contractor -Certificate Regarding LobbyingFormfromthe selected Contractor •Form W-9 Request for Taxpayer Identification Number ofthe Contractor •Copy of proposed unexecuted agreement •Copyof the actual bid advertisement ifyou have any questions or concerns,please contact meat 786-469-2220. Sincerely, i \^_y Letitia S.Good^on,Project Manager Project Management Unit Enclosure c:AlfredoRiverol,Chief Financial Officer,CityofSouth Miami Jennifer Korth,Grants Administrator,CityofSouth Miami Clarence Brown,Division Director,PHCD MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Leg*l Holidays Miami,Miami-Dad©County.Florida STATEOFFLORIDA COUNTY OF MIAMI-DADE: M7BAmr.vAhp mterslgned authomy Personally appearedSS^°?0ath says that he or she *theLEGALCLERK,Legal Notices of the Miami Daily Business £Sf 71*^5 ^ami Review,*daily (except Saturday,Sunday r^tHSdT)newsPaPer.Published at Miami in Miami-DadeCountyFlonda;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -ITQ #PR-2014-05 SIDEWALK REPAIR AT MARSHALL WILLIAMSON PARK intheXXXX Court> was published insaid newspaper intheissuesof 04/04/2014 Affiant further says that the said Miami Daily Business Review isa newspaper published at Miami in said Miami-DadeCounty,Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade CountyFlorida,each day (except Saturday,Sunday and Legal Hoiidays) aU?^en entered assecond c,ass mai'matter at the postofficeinMiamiinsaidMfamf-Dade County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount,rebate,commission or refund for the purpose ofsecuring this advertisement for publication in thesaid newspaper.—"*'** (SEAL) M.ZALDIVAR personally known tome ft.THOMAS ^f%Notary Public -State of Florida "*My Comm.Expires Nov 2.2017 y&/Commission #FF 034747 ^Bon&d ThtouQh National Notary Assn CPTY,OF SOUTH MilAM! ^SIDEWALK REPAIR AT "&>~~S\r ITQ #RR^01 ^OS '-vfW»^^^bVa #eW to r^mmm4m^i mtft fortfmC#of3£otftMiami propdfi^JnVds^on^to t#$TO r at Marahall Williamson^ark,H b mfol tliro\i3H%r^ofef^nt: x,t it,tC0$6)*tt&Duo.\MttfttMto iftokty.Qtfce of tbe a»y Clock,either by p*10 AM.)$onJ i\m on Fcf day,Aprill4f[TO&foUh^*ld ^ftCorrihe samactate ir) risstoji ChaoSbc^j&te^at CKy &&613p Suna^DhvO, -NOTICE TO BlDDER§/PRq$PECTIVECONTRACTOB(S) **^tj^pmjeoCwill ^J^efel(/iundod,in ^rlxir whoja ttitouglr the ?MfamfrDade CoUf^PublfoWpjstag^and CommuWiy Development ,njflh C^mMff!ly,P^feff%^BlqcK eraflkfunds from ^Q u^. pepaitmoni^>ioiis)rig aw*Drtfsfc Development (HUD)andaa such, ,bwor tr&st comply ^i\!h PttJBl&ritial Executive,Order 11246,aa'i^ndp4ty£xeciflW0f%l^^^ c <of 1$£4 ^sanief^Nr^^^Wacon Ao\of 1#?&as amende*the CopBiarid Antt-^ickSacK'^j ill©Contract Work Hours and Safety Standards Act and a\S omerapplicable federal,state and boat laws, regulations,and ordinances N6t&thatbidder is requiredtopay workers on thisproject tho minimum wagos a$determine^in the Wage Determination Decision Wudeo"inthobidder's paokSgOtand thaithecontraclor must ensure that employeesam not dlsorfmfnatod because ofrace,color,religion, sex,ornational origin This project is alsoaSection3 covered activity.Section3requires that job training,employment andcontractingopportunitiesbe directedtovery-lowandlowincome persons or business ownerswho live in the project's area 4/4 Maria M Menendez,CMC City Clerk 14-B-316/2262372M Note:The Awarded Contractor Must Execute the Contract Between the Contractor and the City for this Project CONTRACT THIS CONTRACTwasmadeandenteredintoonthis24th dzy ofJune 2014 __,byandbetween Pioneer Construction Management Services,Inc.hereafterreferredto as "Contractor",and the City of South Miami,hereafter referred toas "Owner"through itsCityManager, hereafter referred toas "City". WITNESETH: That,the Contractor,forthe consideration hereinafter fully setout,hereby agrees with theOwneras follows: 1.TheContractor shall provide the Scope of Services (a copy of which hasbeen marked as Exhibit A attached hereto and made a part hereof by reference)(hereinafter referred toasthe Work or Scope of Services)assetforth In the solicitation (thefirstpageofthe solicitation hasbeenmarkedasExhibit B attachedheretoand made aparthereofby reference). 2.The Contractor shall furnish all labor,materials,equipment machinery tools,apparatus,transportation andany other itemsnecessarytoperformalloftheworkshownonanddescribedinthe Contraa Documentsand shall do everything requiredbythisContractandthe other ContractDocuments. 3.The Contract Documents shall include this Contract,General Conditions tothe Contract,,if any,the drawings,plans,specifications,project manual if any,any supplementary or special conditions,other documents referring to this contract and signed bythe parties,the solicitation documents ("hereinafter referred toas "Bid Documents")and any documents to which these documents refer which are used by the Owner as well as any attachments or exhibits thatare made apartof any ofthe documents described herein. 4.The Contractor shall commence the Work to be performed under this Contraa on a date to be specified in a Nodce to Proceed which may be an email from the Gty Manager to Contractor,and shall complete aJI Workhereunder within the length oftime set forthinthe Contraa Documents. 5.The Owner hereby agrees to pay to die Contraaor forthe faithful performance ofthisContraaasset forth in the price sheet that has been marked as Exhibit C attached hereto and made a part hereof by reference,subject to additions and deductions as may be provided forintheContraa Documents and any property approved written change orders.The expenses of performing the Work after regular working hours,and on Sunday and legal holidays shall be included inthe above price.The Contraaor agrees to work during such hours and on such days as may be required by the City.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized in writing bythe City. 6.If the Work Is for the construction of a struaure ora facility,the Owner shall make monthly partial payments tothe Contraaor onthe basis ofa duly certified and approved schedule of values fortheWork performed during each calendar month by the Contraaor*less the retalnage (all as provided for in the Contraa Documents),which is to be withheld by the Owner until completion and acceptance of the complete projectin accordance with this Contraa andtheotherContratt Documents and until such Work has been accepted bytheGty. 1.Upon submission by the Contractor of evidence satisfattory to the Owner that ail labor,material,and other costs incurred by the Contraaor in connection with the Work have been paid in full,and after compliance with the terms for payment provided for in the Contraa Documents,final payment on account of this Contraa shall be made within sixty (60)calendar days after the completion by the Contraaor ofall Work covered by this Contraa and the acceptance ofsuch Work by the Owner. 8.In the event that the Contraaor shall fail to complete the Work within the time limit stipulated in the Contraa Documents,orthe extended time limit agreed upon,in accordance with the procedure as more particularly set forth in the Contraa Documents,liquidated damages shall be paid at the rate of$300.00 dollarsper day,plus any monies paid bythe City dueto such delay. 9.ifa Bond is required by the bid solicitation,it is further mutually agreed between the parties hereto that if,at any time after the execution of this Contraa and the Payment and Performance Bond for its faithful T*3/3/14 performance and payment,the Owner shall deem the Surety or Sureties upon such bond(s)to be unsatisfaaory.or if,for any reason such bond ceases tobe adequate to cover the performance ofthe Work or payment to subcontractors and suppliers,the Contractor shall,at its expense within five (5) business days after the receipt of notice from die Owner soto do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory tothe Owner.In such event,no further payment totheContraaor shall be deemed tobe due under this Contract until such newor additional security forthe faithful performance ofthe Work is furnished inthe manner and inthe formsatisfaaorytotheOwner. 10.No additional Work or extras shall be done unless the same is duly authorized in advance ofthe work by appropriate actionby the Owner andinaccordance with the Conti-act Documents. IN WITNESS WHEREOF,the parties-hereto have executed this Contraa on the day and date first above written, in five (5)counterparts,each of which shall,without proof or accounting for the other counterpart be deemed an original Contract. Pioneer Construction WITNESSES:,p COfc_ ^uJ^fW*^Jx Signature: /Sasha Mar sit 1]Name: meof Witness)Title:President (printnameofWitness) AUTHE> Signal \TION: iMenen< CityClerk Readand Approved astoForm,Language, Le^lity andExecution thereof, Thomas F.Pepe 2014.06.30 10:13:05 -04'00' Signature: City Attorney TP 3/3/14 OWNER:CITY OF SOUTH MIAMI Signature:Q>YVAa^Yj&*w^" ^'cy/VJteven Alexander \T'v^r City Manager