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6To: From: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami bOd All-AmBrica City '1111.' 2()()1 The Honorable Mayor & Members of the City Commission Agenda Item: ---=0=-__ Steven J. Alexander, City Manager Date: October I, 2013 SUBJECT: A Resolution authorizing the City Manager to enter into a contract with Advanced Recreational Concepts, LLC for an amount not to exceed $85,000 for the purchase, installation and related demolition services for playground equipment at Marshall Williamson Park, funded by a Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD). BACKGROUND: The City received a CDBG grant through Miami-Dade County PHCD for park improvements at Marshall Williamson Park. The grant agreement, in the amount of $1 15,000, provides funding for the demolition of three playgrounds, installation of two playgrounds, installation of a basketball half-court, park amenities, tree canopy and the repair of sidewalks. The City issued an RFP for a portion of the funded park improvements, including; the demolition of three playgrounds and installation of two playgrounds. As a condition of the grant agreement, PHCD reviewed and approved the City's solicitation prior to advertising to ensure the RFP complied with the CDBG contract. The solicitation was advertised on the City's website, Daily Business Review and Demand Star; a total of 16 subscribers downloaded the RFP from Demand Star, see attached. A Mandatory Pre-bid Meeting was scheduled which included an onsite visit to the park site with nine (9) vendors in attendance. Five (5) proposals were received and were reviewed by a Selection Committee comprised of; Lorenzo Woodley, Parks & Recreation Director; Jorge Vera, Capital Improvements Project Manager; Jennifer Korth, Grants and Sustainable Initiatives Administrator; and Daisy Harrell, CAC Committee Member. Based on a thorough review of the proposals and reference checks, the Selection Committee EXPENSE: ATTACHMENTS: is recommending for the award. the highest ranked. responsible proposer. Advanced Recreational Concepts. LLC: Advanced Leadex Playmore Bejar Bliss Committee Recreational Concepts Corp Recreational Construction Products Lorenzo Woodley 90 100 94 87 75 Jennifer Korth 94 91 80 75 89 Jorge Vera 88 74 62 58 77 Daisy Harrel 95 100 63 55 20 TOTAL 367 365 299 275 261 RANK 1 2 3 4 5 Upon commission approval of the award recommendation. the complete bid package and related documents must be reviewed by PHCD to determine the procurement process was open and competitive. The project is expected to be completed within 60 working days from the date of the Notice to Proceed. Account No. 120-3304-572-6550 with a balance of $1 15.000 Bid Opening Report Advanced Recreational Concepts Proposal Selection Committee Score Sheets References RFP and Addendums Pre-Bid Sign-In Sheet Resolution 93-13-1391 (CDBG Contract for Marshall Williamson Park Improvements) PHCD Solicitation Approval Letter. dated August I. 2013 Daily Business Review Advertisement Demand Star Solicitation Results Sun Biz Registration 2 3 4 5 6 7 8 RESOLUTION NO.: _________ _ A Resolution authorizing the City Manager to enter into a contract with Advanced Recreational Concepts, LLC for an amount not to exceed $85,000 for the purchase, installation and related demolition services for playground equipment at Marshall Williamson Park, funded by a Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD). 9 WHEREAS, the City's Parks and Recreation Department wishes to renovate Marshall 10 Williamson Park; and 11 12 WHEREAS, the playground renovation project is funded in full by CDBG grants; and 13 14 WHEREAS, the City advertised a request for proposal ("RFp lI ) and the City received 15 sealed proposals in response to the RFP for playground equipment and related demolition 16 services; and 17 18 WHEREAS, the proposals were reviewed and ranked by a Selection Committee with 19 Advanced Recreational Concepts, LLC designated as the highest ranked responsive and 20 responsible proposer and is recommended for the award. 21 22 NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY 23 OF SOUTH MIAMI, FLORIDA: 24 25 Section 1. The City Manager is authorized to enter into a contract with Advanced 26 Recreational Concepts, LLC pursuant to the contract terms set forth in the Request for Proposal 27 for an amount not to exceed $85,000 for playground equipment and related demolition 28 services at Marshall Williamson Park to Advanced Recreational Concepts, LLC and funded by a 29 Community Development Grant agreement with Miami-Dade County Public Housing and 30 Community Development (PHCD) to be paid from Account No 120-3304-572-6550, with a 31 current balance of $115,000. A copy of the contract is attached to this resolution. 32 33 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 34 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 35 shall not affect the validity of the remaining portions of this resolution. 36 37 Section 3. Effective Date: This resolution shall take effect immediately upon 38 enactment. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PASSED AND ENACTED this __ day of _____ , 2013. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Harris: Commissioner Newman: Commissioner Welsh: Bid Opening Report BID OPENING REPORT Bids were opened on: Friday. August 30, 2013 after: 10:00am For: RFP # PR2013-08 "PLAYGROUND EOUIPMENT FOR MARSHALL WILLIAMSON PARK" COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: 1. ADV ANCED RECREATIONAL CONCEPTS $ 8~,OOO.oo -~~-~ 2. BEJAR CONSTRUCTION INC. $ ~6 3Cb"Q'J 3. BLISS PRODUCTS AND SERVICES \'\c> e/e-c...tv()o; l c.,Oj:>\I It ?<::2 t g ,1::)1:) ,OD (I) oJ/. 4. LEADEX CORPORATION .$ <6~ lioo. 00 5. PLA YMORE RECREATIONAL PRODUCTS Jt ~C1 (a (X) ,0() - 1--- C---'--'- - '---_. THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk: N k.-..e.Y\C\ 0.... Pft..'1 Y\:L Print Name / Witness: _______ _ Print Name Signature Advanced Recreational Concepts Proposal City of South Miami Request for Proposal for Playground Equipment for Marshall Williamson Park 6 1 25 SW 68 Street South Miami, FL 33143 RFP #PR20 13-08 Submittal Due Date: Friday, August 30, 2013 CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: CHARTERED OFFICIALS City Manager: City Attorney: City Clerk: Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh Steven Alexander Thomas Pepe, Esq. Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence, Integrity and Inclusion" C Thomas F Pepe, 2011-2013 All fights reserved 711 I i13! i3 Page I of 72 South Miami bAd ~ir 2001 CITY OF SOUTH MIAMI Playground Equipment for Marshall Williamson Park RFP #PR20 13·08 The City of South Miami, Florida, hereinafter referred to as "CSM", through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PR20 13·08 titled "Playground Equipment for Marshall Williamson Park." The site is located at 6125 SW 68 Street, South Miami, FI 33143. The purpose of this RFP is to contract the services necessary for the complete the installation and construction of the proposed playground equipment in accordance with the "Scope of Services." The project is funded through a federal grant, Community Development Block Grant, (CDBG) through Miami-Dade County. Proposers must comply with the CDBG reqUirements. See "Attachment A To Bid Package." Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following web page: http://www.southmiamifl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (I) original unbound proposal, four (4) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the follOWing Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows "Playground Equipment for Marshall Williamson Park" RFP # PR20 13·08 and the name of the Proposer (also referred to as "Respondent"). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the reqUired Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk. either by mail or hand delivery, no later than 10 A.M. local time on Friday, August 30, 2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Mandatory Pre· Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6 130 Sunset Drive, South Miami, FI 33143 on Monday, August 19, 2013 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project. and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. ( Thomas F Pepe. 2011-20 I.l 1111 rights reserved 711 I !l3J1.J Maria M. Menendez, CMC City Clerk Page 2 of 72 ---~--~--.--.. --. ---~-.---.---~---.---~~-----~-------~------------------~ .SCOPE OF SERVICES Marshall Williamson Park 6125 SW 68 Street South Miami, FL 33143 -----~-----~- The City of South Miami desires to purchase two (2) age appropriate playground equipment structures; One structure for ages 5 -12. the other for ages 2 ·5. The proposer will be required to provide sufficient documentation to define the terms being provided in the scope of work. Such documentation may include. but not limited to. vendor catalog sheets. general data sheets. drawings and sketches or specification and warranty information. Proposers shall include either pictures or J-dimensional drawings of what is being proposed. I. Site Specifications: a. Ages 5 -12: The area is approximately 30' X 40' and shall include the following minimum requirements: i. Composite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 5 -12. 2. Child capacity of 25 or more. 3. At least two (2) slides. 4. One (I) Challenge Ladder. 5. A Crawl Tunnel. 6. Spider Net Climber. 7. Arch Climber. S. ADA Sky Climber. 9. Two (2) or more Toppers. I O. Approximately 5 • 7 play elements. I I. Swirl Pole. 12. 5 ft Climb Rope. 13. 15 ft Board Walk. 14. Wheelchair Accessible. b. Ages 2 -5: The area is approximately 30' X 30' and shall include the follOWing minimum requirements: i. CompOSite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 2 -5. 2. ChHd capacity of 15 -20. 3. A least two (2) slides. 4. A minimum of two (2) toppers. 5. One Canopy. 6. Three·step climbing ladder. 7. Approximately 2 -4 play elements. 8. Sand Box. 9. Alphabet Blocks. 10. Wheelchair Accessible. (;, Thomas F Pepe. 201 1·201l All rights reserved. 7/11/13/13 Page 3 of 72 -----_._-----------_._------------_._-_. II. Border Material/Site Locations: III. Warranty: I. Sufficient border is required to encompass the use zone of the composite structure. 2. The two (2) locations currently include playground equipment. The awarded vendor will be required to remove and dispose of the structures and prepare the areas for the new playground equipment. 3. Manufacturer of the equipment quoted shall be ISO 900 I certified and the designer and factory installer must be certified by the National Playground Safety Institute. All equipment provided must, at a minimum, meet the following standards: a. ADA-American with Disabilities Act b. ASTM -The American Society for Testing Materials c. IPEMA The International Playground Equipment Manufacturers Association. 4. The awarded vendor will be required to obtain any permits required; however the City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor, including applicable fees. 5. The awarded vendor will prep the site locations for the installation of the proposed playground equipment and provide concrete, mulch or any type of safety surface required. a. The standard manufacturer's warranty information must be provided in writing for all equipment being proposed. including installation by an authorized dealer. IV. Project Funding: a. This project is funded through a federal grant, Community Development Block Grant, (CDBG.) through Miami·Dade County. Proposers must comply with eDGC requirements. Refer to "Attachment A To Bid Package." V. Boundary Survey: a. A Boundary Survey depicting the park is included with the RFP. Refer to "Attachment B Boundary Survey, Marshall Williamson Park" <;;; Thomas F I'epc_ 2011-2013 All rights reserved 7/11/13/13 END OF SECTION Page 4 of 72 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. 2. 3. 4. 5. 6. 7. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for Playground Equipment for Marshall Williamson Park. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. Qualification of Proposing Firm. Response submittals to this RFP will be considered from finns normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience. organization. offices. eqUipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable. all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. DeSignated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone. email, or in person, and shall be knowledgeable of the terms of the contract. Precedence of Conditions. The proposing firm. by virtue of submitting a response. agrees that City's General Provisions. Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise speCified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) b) c) d) e) f) Attachments/Exhibits to Special or supplemental conditions to Contract Special or supplemental conditions to Contract Attachment/Exhibits to Contract Contract General Conditions to Contract Addenda to RFP g) Attachments/Exhibits to RFP h) RFP i) Proposal Response Withdrawal. After Proposals are opened. corrections or modifications to Proposals are not permitted. but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission. if the follOWing is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours of opening the response submittals received, along with a request for permiSSion to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. The terms, provisions. conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 A.M. Tuesday, August 27, 2013 prior to the date of the RFP opening to the attention of Steven P. Kulick at 'ikulkl«({!soutlll1lir1rnifLgov or via facsimile at (30S) 663·6346. C Ihomas F Pepe. 2011·201.1 All rights reserved 7/11/13113 Page 5 of 72 --------------~------~-----------------------------------.--.------- 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications. considered necessary by the City in response to such questions. shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP") by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. fl. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-I. From the time of advertising until the City Manager issues his recommendation. there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees. contract discussions during any duly noticed public meeting, public presentations made to the City CommiSSion during any duly notice public meeting. contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee. official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously flied with the City Manager and City Clerk 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable. and, in such event. said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a lecter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings. or meetings scheduled through the PurchaSing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted. bids or responses for this RFP, are hereby placed on formal notice that neither City CommiSSioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City. however. reserves the right, in its sole discretion, to do any of the follOWing: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is. therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal. agrees to such modifications and to be bound by such modified documents. h) to cancel. in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person. other than a bona fide employee. contractor or subcontractor. working in its employ, to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person. company. corporation. individual or firm other than a bona fide employee. contractor or sub-consultant. working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. [) Thomas ,; Pepe, 2011-2013 All nghts reserveu. 7/11113/13 Page 6 of 72 ---------------~--­._--_._--------------------------------- 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services. or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub-contractor, supplier, Sub-consultant. or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond. (Bond or cashier's check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State. County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. g) The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondent's name and titled as follows: "SEALED PROPOSAL, Playground Equipment for Marshall Williamson Park, RFP #PRI0I3-08", 18. All erasures and corrections must have the initials of the Respondent's authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink: all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase "not applicable". 19. Goods: If goods are to be provided pursuant to this RFP the folloWing applies: a) Brand Names: If a brand name, make. manufacturer's trade name. or vendor catalog number is mentioned in this Solicitation;" whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. P.espondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy. the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk. and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent co the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality. workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the [; Thomas F.l'epe. 2011-2013 All rights reserved. 7/11/13/13 Page 7 of 72 Proposal Form. Incomplete, unresponsive, irresponsible. vague. or ambiguous responses to the Invitations for Proposals shall be cause for rejection. as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 20. Liability. Licenses & Permits: The successful Respondent shall assume the full duty. obligation. and expense of obtaining all necessary licenses. permits. and inspections required by this RFP and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses. Certificates of Competency or other licensing requirement necessary to practice their profeSSion and applicable to the work to be performed as required by Florida Statutes. the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 21. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City and shall deliver them to the City prior to issuance of any Contract(s) or Award(s) Document(s); or b) At the time of the Proposal submission the Respondent must submit evidence. acceptable to the City. of insurability in the form of a letter from Respondent's insurance carriers {"Letter of Insurability") demonstrating the ability to obtain coverage outlined in the Indemnification and Insurance Requirements set forth in the General Conditions to the Contract which are attached to this RFP Package. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best's Key Rating Guide. latest edition unless otherwise required by the aforementioned Indemnification and Insurance Requirements and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation. lapse or material modification of any insurance policies insuring the Respondent. which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing. and shall, be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City and Miami-Dade County as an additional named insured who shall have the option. but not the duty. to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent. by submitting a Proposal. thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 22, Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing. producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal. there has not been. nor will there be. any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability. loss or expense occasioned by any such violation or infringement. 23. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive. responsible Respondent. as determined by the City Commission. subject to the right of the City to reject any and all proposals. to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 24. Evaluation of Proposals: The City. at its sole discretion. reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition. the price. responsibility and responsiveness of the Respondent. the financial position. experience. staffing. equipment. materials, references. and past history of service to the City and/or with other units of state. and/or local governments in Florida. or comparable private entities. will be taken into consideration in the Award of the Contract. C !homas F Pepe. 2011·201.l All righls rcscned 7/1111.l/13 Page 8 of 72 25. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 26. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors list following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 27. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 28. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 29. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 30. Bonding Requirements: The Respondent, in submitting this Proposal, shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 31. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami and Miami-Dade County as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 32. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance, as well as the applicable insurance policy with required endorsements, a Performance and Payment Bond if required, and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond/Security that accompanied the Proposal, and the Proposal Bond/Security shall be retained as liqUidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates. Proposal Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 33. Pre-proposal Conference Site Visits: It is mandatory that all Respondents attend a pre-proposal conference if required or requested by the City, and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. 34. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. 35. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. (, Thomas F Pepe. 2011·20Ll. All rights rcscrwd 7111113113 Page 9 of 72 36. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel. in whole or part. any invitation to bid when it is in the best interest of the City. 37. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract. if one is awarded, based on race, color. religion, national origin, sex, age, sexual orientation. disability, or familial status. [;-Thomas I' repe. 2011-2013. All rights reserved 7111/13113 END OF SECTION Page 10 of 72 ~--~------------.----~- Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: Check Attachments and Other Documents to be Completed: Indicating Complete X Bid Form ,/ X Bid Bond Ur'-\ N/A Bid Bond Power of Attorney NJA X BIDDER Qualification Statement ./ X Non-Collusion Affidavit / X Public Entity Crimes and Conflicts of Interest /' X Drug Free Workplace ./ X Acknowledgement of Conformance with OSHA Standards /. X List of Proposed Subcontractors and Principal Suppliers hi Cj X Related Party Transaction Verification Form // X Indemnification and Insurance Documents V X CDBG Requirements. ("Attachment A To Bid Package") ~ Submit this checklist along with your proposal indicating the completion and submission of each required forms andlor documents. ~ Thomas F. Pepe, 2011-2013. All rights reserved. 7/11113/13 END OF SECTION Page II of 72 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 BID FORM I. If this Proposal is accepted the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package. and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price;-within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2. Respondent accepts all of the terms and conditions of the Advertisement. RFP. Invitation for Proposals and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract with the Bonds. Insurance Policy with appropriate endorsements. Insurance Certificate and other documents required by the RFP within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a, Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. \ Dated: ~\ '1 \dO\:, Addendum No. 0-Dated: \ \ , ); C\\dQ\-:, 3 \ \ Addendum No. Dated: 1\~~)\~ Addendum No. ~ Dated: \ \ \ ~L~J\~ Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. C: Thomas r Pepc. 2011-2013 All nglllsreser\'cd. 7/11113113 Page 12 of 72 iii. Respondent has correlated the results of all such observations. examinations. investigations. explorations. tests. reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations. investigations. explorations. tests. reports or similar information or data in respect to any Underground Facilities are. or will be. required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group. association. organization. or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. if required. is provided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment. tools. superintendence and services necessary to provide a complete. in place Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and Alternates: #1 #5 #2 #6 #3 #7 #4 #8 ---~~--...... -------- A fee breakdown. if applicable. for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. C Thomas F Pepe. 2011-2013. All nghts reserved 7/11113/1.l Page 13 of 72 5. The ENTIRE WORK shall be completed, in full, within 60 working days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this RFP Package. SUBMITTED THIS a.lp DAY OF UU( ~A,:)\ ~"'---'J 20r~ , PROPOSAL SUBMITTED BY: \\dQ\ D( <u\ __ ~ C\Q.(,~~\'J(\cJ \1,)NA '*;J ~ 3;),\ -._\ 1,\ - Company ,"'\' ~ i Telephone Number /~' lc\~'{\\ C::=<J.11~\il . / Signature / " I \\,,,,,,,,:;V''''W>.£ Title '. t Thomas F Pepe. 2011·2013. All rights rcscncd 711111>113 Fax Number Page 14 of 72 -----------------~ ---------~----~ -------- SCHEDULE OF VALUES Item Description Unit I Mobilization LS 2 Demolition of playground lS 3 Playground equipment (2-5 yrs) LS 4 Playground equipment (S-12yrs) LS 5 Installation of playground equipment LS 6 Performance Bond LS 7 OH & Profit (Labor & Office Personnel) lS END OF SEeTON © ThOJ11ilS f. Pepc, 2011-2013. All rights reserved. 7/11113113 ----------------- Qty Amount I :t;JefuJ.£Q I ~a5~ .. QC I $ t5,Lt'l5~50 1,Je .. I tt3)~;~O itJC, ~;~lbT'~ {IJc... I I-Wfc ,~ ~J' I ~z~~~eo I ·t:r;3d()~ Page 15 of 72 .----.----~--------.----------~---------------------------------------------_.--- EVALUATION SELECTION PROCEDURE Scoring and Ranking An Evaluation Selection Committee comprised of 3 to 5 City staff members will review proposals submitted and rank each proposer using the evaluation factors listed below: EVALUATION CRITERIA: Competitive Selection-Ranking: maximum 100 points. Each proposal shall be evaluated on the following evaluation criteria, weighting and maximum points: I . Aesthetics & Design Conformity to Allotted Space; Maximum 20 Points 2. Number of Play Elements & Play Value; Maximum 20 Points 3. Creativity of Design; Maximum 20 Points 4. Durability & Warranty; Maximum 20 Points 5. Proposed Cost Maximum 20 Points i;) Thomas F_ I'epe. 2011-20 l3 All rights reserved 7/11/13/1 J END OF SECTION Page 16 of 72 ------------ PROPOSAL BOND STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that we. ______________ _ _________ ,. as Principal. and ______ ,. as Surety. are held and firmly bound unto the City of South Miami ("City"). a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States. for the payment of which sum well and truly to be made. we bind ourselves. our heirs. executors. administrators and successors jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS. the Principal has submitted the accompanying Proposal dated , for the pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents: NOW THEREFORE. A. If the principal shall not withdraw said proposal within ninety (90) calendar days after the date for opening of the same, and shall. within ten (10) calendar days after the prescribed forms are presented to it for signature. enter into a written contract with the City in accordance with the proposal as accepted. and give bonds with good and sufficient surety or sureties. as may be required. for the faithful performance and proper fulfillment of such contract, and prOVide proof of insurance as required. then the above obligations shall be void and of no effect. otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said proposal within ninety (90) calendar days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the proposal as accepted. and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties. as may be required. for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it for signature andfor in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process. then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse. by court order. to the Owner in the full amount of the bond if the Proposal Documents prOVide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond. including all attorney fees. court costs and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including. proceedings required to obtain the court order of disbursement. including the cost of all appeals or other related proceedings. as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF. the above bonded parties have executed this instrument under their several seals this day of . 20 __ . the name and the corporate seal of each corporate party being hereto affixed and these presents being duly Signed by its underSigned representative. C Thomas r Pepe, 2011-2013. All rights reserved. 7/11113/13 Page 17 of 72 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: ATTEST: Secretary By: *Impress Corporate Surety Seal ----;-;--;-;-:-;---;-----::-__ ;-:--;:;-:----:---,.-_____ (Seal) (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Telephone) (Corporate Surety)* IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY DISOUALIFY YOU i,;; Thomas F Pepc. 2011·2013 All rights reserved. 7111113113 By: ------------------------------------ Page 18 of 72 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , whose business address is _ and whose telephone as Principal (hereinafter referred to as "Contractor"), and ----,-------,-----,--------,----------------c,-' whose business address is and whose telephone number is , as Surety, are bound to the City of South Miami whose number is business address is and whose telephone number is , and Miami-Dade County whose business address is ___________ as Obligee, (hereinafter referred to and whose telephone number is as "City") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract, for the «PROJECT», awarded on the _____ _ day of , 20 __ , under Contract Number ___ by the City for the construction of _______________ (brief description of the Work) in accordance with drawings (plans) and specifications prepared by N/A which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract"; effect. THE CONDITION OF THIS BOND is that the Contractor: I. Fully performs the Contract between the Contractor and the City for the _________ _ within days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (I) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy: and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgOing conditions are met, then this Bond is void, otherwise it shall remain in full force and Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option. in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean c rh()ma~ F Pepe. 2011·20Ll All rights reserved 7/11i1 JiLl Page 19 of 72 ----_._---------------------_._-------- the total amount payable by City to Contractor under the Contract and any amendments thereto. less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF. the above bonded parties have executed this instrument under their several seals on this day of . 20 __ . the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (Individual. PreSident. Managing Member or General Partner. etc.) (Business Address) (City/State/Zip) (Business Telephone) OR (Corporate Name) ATTEST: (PreSident) Secretary (Business Address) (City/State/Zip) (Business Telephone) IN THE PRESENCE OF: _______ INSURANCE COMPANY: BY:, __________ (SEAL) (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this. the day of . 20_. before me. the undersigned notary public of the State of Florida. the foregoing performance bond was acknowledged by (Corporate Officer). ___________ ~ ___ (Title). of (Name of Corporation). a _____ =------(State of Incorporation) corporation. on behalf of the corporation. WITNESS my hand and official seal. -------:c---:----:---____ ------ Notary PUblic. State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or Type as commissioned.) Personally known to me. or Personal identification: ________ _ Type of Identification Produced Did take an oath. or __ Did Not take an oath. C Thomas F Pepe. 20 I J -20 I J. All rights reserved. 7111/13/13 Page 20 of 72 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That. pursuant to the requirements of Florida Statute 255.Q1. et seq.. Florida Statutes, we, ____ --: _____________ . whose business address is and whose telephone number is ,as Principal. (hereinafter referred to as "Contractor"). and _-:-______________ ' whose business address is and whose telephone number is • as Surety, are bound to the City of South Miami. whose business address is and whose telephone number is , and Miami-Dade County whose business address is and whose telephone number is ___________ ~.as Obligee, (hereinafter referred to as "City") in the amount of _-:-:-___ -:-_-:-_--:-_---: ____ Doliars ($ ) for the payment whereof Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns. jointly and severally. WHEREAS. Contractor has. by written agreement, entered into a Contract for the «PROJECT». awarded on the day of , 20 __ , under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by NfA which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants. as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies. used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs. and attorney's fees. including those incurred in any appellate, mediation or arbitration proceedings, if any. that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time speCified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2). Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary 9 1l1omas F. Pepe, 20 I 1·2013 A II rights reserved. 7/11/13f13 (Individual. President, Managing Member or General Partner. etc.) (BUSiness Address) (CityfStatefZip) (Business Telephone) (Corporate Name) (PreSident) (Business Address) Page 21 of 72 ------------------------------------------------------------------------------------- (City/State/Zip) (Business Telephone) SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY ___________ IS THE SURETY ________ 15 THE PRINCIPAL AND IN THE PRESENCE OF: _______ INSURANCE COMPANY: BY: ________ --:---=-(SEAL) (Agent and Attorney-in.fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI·DADE On this, the day of • 20_, before me, the undersigned notary public of the State of Florida, the foregoing payment bond was acknowledged by (Corporate Officer). _________ -=-_--:-__ (Title), of (Name of Corporation), a __________ (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. ______ --:,-,-_----=---:-:---:::--_-:--_,-,-_ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. *Power of Attorney must be attached. C Thomas F Pepe_ 2011·2013 All rights reserved_ 7111/13/13 (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION Page 22 of 72 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction proiects completed, a) b) In the past 5 years In the past 5 years On Schedule In the past 10 years In the past 10 On Schedule IJl~) ___ _ lex) 2. List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: C: Thomas 1'. PCP\!. 2011-2013. AI! rights reserwd. 7111113113 Page 23 of 72 b) Project Name: Owner Name: r1::l,) "cQ 1))~,'K ~~\"\ ()\ lJc~,,,.\l , \ \\(,"-\\ ~ l\) ~T'" ~\ b)\(>-o Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: \\D{ (\~~~J{l \: Owner Name: C~\ v.. o\: ~Q_\~Ol\C~ Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Page 24 of 72 ~) Thomas F Pepc. 2011·2013. All nghts reserved. 7/11113/13 Actual Date: Final Contract Original Contract Price: I d:\3 1\D\' ~lo __ _ I Actual Final Contract Price: 3. Current workload 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT"s proposed project organizational chart. c) Resumes of proposed key project personnel. including on-site Superintendent. S. List and describe an y:0 \ t\ . a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years [; TI10mas F l'epe. 20 I 1-2013 All rights reserved. 7/11/13113 Page 25 of 72 ------------------------------------------------------------------------------------------------------------ Jarrod Pike, Construction Manager Jarrod has worked in the construction industry since 1997. He has experience in both residential and commercial projects as a construction manager. Starting in North Carolina, Jarrod managed construction projects for many multifamily dwellings and municipalities in the area. Since in Florida, he has worked as a crew member and has managed many commercial projects that included site work, foundation work and structural erection. Jarrod has 9 years of experience quoting and managing residential, commercial and government projects and has volunteered his leadership to city and local charity playground projects. Projects: Health First, Viera Hospital Valued at $375,000 AS a Subcontractor, managed the site work to include grading, Irrigation, landscaping and lighting. Worked in conjunction with Bovis General Contractors and PAVCO to complete job on time without incident. Completed 2011. Vero Beach Elementary Valued at $165,000 As Construction Manager, coordinated operations on relocating and installing playgrounds and creating a safe environment in a public school setting. Worked with the School Board of Indian River County and Proctor Construction to complete project in a timely manner with no incident. Completed 2012. Siomin Family Center Valued at $55,000 As Construction Manager, worked with the architects of Ocampo & Associates and owner to create an interpretive nature trail for children's autistic learning center. Worked closely with all parties involved to remedy adverse site conditions and provide an aesthetically pleasing and functioning area. Project completed ahead of schedule in 2012. Health First Child Development Center Valued at $130,000 As Construction Manager, involved in planning and fulfillment of installation of four playground environments. Each playground to be completed on different schedules and to be done without any disruption to child careactivities. Project currently in Progress Lazaro Gonzalez 440 Seventh A venue Melbourne, FL 32903 (321 )775-0600 19Q[lz2Iez@QLa~§JJageservices.com Objective: To manage a vertically integrated contracting business wherein my Industry knowledge and experience will be utilized to benefit clients, the company, and myself by attaining goals and meeting objectives set forth within our industry business model. Wor~ experience: 1995~ Present Co-Owner I Managing Partner Came to Play Space Services as a construction Project Manager. Worked his way into the partnership and helped manage this mid-sized recreational design build general contracting supply firm consisting of 35 employees wherein servicing 11 + million dollars in billings in fiscal year 2009. As Partner of this turn-key supply, deliver, and installation company managing projects issued by US Air Force, National Parks Service, Disney Theme Parks. State, County, City, and Municipal government agencies. He has been a certified General Contractor in the State of Florida for 8 years. He has been a Certified Playground Safety Inspector for 11 years, and has been in the construction side of the business for 18 years. He has 12 years of sales experience in ARC, selling playground equipment, park amenities, safety surfacing, and other rubber based products. He is a member of the National Playground Contractors Association, and a member of ADA accessibility Committee, helping to improve playgrounds with safety in mind for the handicapped. Lazaro is bi-lingual, speaking fluent Spanish makes him able to deal with the Spanish population in Florida. Lazaro is also known in the industry for his forward thinking in the Going Green Industry, by expanding our product line of Rainbow Turf products for landscaping. David J. Antonacci 210 Dogwood Avenue Melbourne, FL 32951 (321 )722-2861 dantonacci@playspaceservices.com Objective: To manage a vertically integrated contracting business wherein my Industry knowledge and experience will be utilized to benefit clients, the company, and myself by attaining goals and meeting objectives set forth within our industry business model. Work Experience: 1991- Present Play Space Services, Inc I Advanced Recreational Concepts, LLC Owner I Founder I President Incorporated Play Space Services, Inc. as a business in June if 1991. The President and Managing Partner, a mid-sized recreational design build general contracting supply firm consisting of 35 employees wherein servicing 11 + million dollars in billings in fiscal year 2009. Owner of this turn-key supply, deliver, and installation company managing projects issued by US Air Force, National Parks Service, Disney Theme Parks, State, County, City, and Municipal government agencies. Co-Founder of the National Playground Contractors Association with tenure of twenty years industry experience whereby supported by a 91 Dunn & Bradstreet business rating. 1989-1991 Tropical Bar & Restaurant Services, Inc Director of Sales Managed new account development and servicing of customers in the Central Florida Region. Managing numerous hotels and resort properties, National accounts, local theme attractions, high volume concessions operations, night clubs and entertainment facilities. Fiscal accountability of 5M in business. 1988-1989 Beverage Masters of Florida, Inc Owner Operator Provided educational services to various end users customers_operations involved performing restaurant beverage sales, support training, wine and spirits seminars, menu developmentservice, catered private or group wine tastings throughout Central Florida. 1983-1988 Miami Lakes Inn & Golf Resort I Graham Companies, Inc. Resort Director -General Manager Managed respective operation of three resort properties, responsible for department profit and loss, reaching all performance goals from 1983-1988 while operating under budget. Responsible for training all new hire personnel in a human resource capacity, serving as training specialist 1982-1983 Southern Advertising Group Tallahassee, Florida Account Executive Responsible for the procuring of new accounts and the servicing of clients thereafter. Century 21, Consolidated Bank Group and Subway Restaurants were accounts of record. Education: May 1979 May 1982 Tallahassee Community College Associate of Arts Degree Florida State University Psychology I Business -Bachelor of Science Dec 2001 Northfield University Master of Business Administration I. Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Telephone No.: Contact Person: Type of Project: Address: Telephone No.: Contact Person: r~,\ vS,,< \-\o(},~. Type of Project: ~uv\(3{ Q-"" \ &ct ~'" \"- Name of Agency: Address: Telephone No.: Contact Person: Type of Project: C; Thomas f Pepe. 2011-2013. All righls reserved 7/11/13/13 Page 26 of 72 NON-COLLUSION AFFIDAVIT STATE OF F~?RIDA ~)~\J(\~,-\ COUNTY OF-MIAMI·eADE l!:'wtc) G-on~\.g u being first duly sworn, deposes and states that: .J:iil/She/They isfare the -(-~c:-' -'---=-(;,...:!\_\-'-'-'N.=>.<.,L'-----: ________________ _ (I) (2) (3) (4) (5) tpepe02·18·13 (Owner, Partner, Officer. Representative or Agent) of \\~\\\(I.i\ Q.<....lJSt\-l.v'v'-~ C~,."{, o\-),ll,.~ the Respondent that has submitted the attached Proposal; \ He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Respondent nor any of its officers. partners, owners, agents, representatives. employees or parties in interest, including this affiant, have in any way colluded. conspired, connived or agreed. directly or indirectly. with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection With the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly. sought by agreement or collusion. or communication, or conference with any Respondent, firm. or person to fix any overhead, profit. or cost elements of the Proposal or of any other Respondent, or to fix any overhead. profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent. or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (ReCipient), or any person intereste_d in the proposed Work; The price or prices quoted in the attached Proposal are fair and p0'P'er and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the p rt of the espondent or any other of its agents, representatives, owners, employees or parties of int res', incl ding this affiant. r ~~~~~>.----~­ Signature l(A. <-0. \0 --0'\ <. Date '\ 1( Page 27 of 72 STATE OF FL~RIDA \\ "}k \) <J\V L'Y COUNTY 0Fj:1JAMI-IJADE ACKNOWLEDGEMENT On this the (~ day of C~U<"M~' _, 20~, before me, the undersigned Notary Public of the State of FI~~~~J.j?grsol}ally~e _~ared Name(s) of_individual .5) w~o ,\ppeared before , , notaryJ.::::: '~.... \.5,) «A{.... '--, \'j /0.: and whose name(s) Is/are Subscnbed to the within instrument, and he/she/they acknowledge that h~/she/they ~xecuted it. WITNESS my hand and official seal. ~_._A_---,~V,-\\.!..-A..,::";,,,,' '--~i¥-'<-------- NOTARY PUBLIC: SEAL OF OFFICE: L Thomas F Pepc, 2011·201 J All rights rcscncu 7111113113 Notary Public, State of Flo 'da (Name of Notary PubliC:" Print. Stam p or type as commissioned,) Personally known to me. or Personal identification: Type of Identification Produced Did take an oath. or Did Not take an oath. Page 28 of 72 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity. may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work. may not submit bids or proposals on leases or real property to a public entity. may not be awarded to perform Work as a CONTRACTOR. Sub-contractor. supplier. Sub-consultant. or Consultant under a Contract with any public entity. and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter 112. Florida State Statutes. Respondents must disclose with their Proposals. the name of any officer. director. partner. associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 2B7.133 (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. business address is and (if applicable) its Federal Employer Identification Number (FEIN) is/-l,( Y')~)J )'1<)::;) (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: -----------------_.) 2. understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g). Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including. but not limited to • any bid. proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud. theft. bribery. collusion, racketeering. conspiracy. or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b). Florida Statutes. means a finding of guilt or a conviction of a public entity crime. with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989. as a result of a jury verdict, non-jury trial. or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a). Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors. executives. partners. shareholders. employees. members. and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling (Cj Thomas F. Pepe, 2011-2013. /\11 righls rcselved. 7/1 1113/13 Page 29 of 72 interest in any person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief. the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ~ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final or·der.]· I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FETHE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, A 6 TH THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I A 0 U ERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A o~;f CT IN/EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, 01( CfTEGJRY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~'" /i //\,. .. --_."' .. -.... -.. . //' ('t, [Sig? ture] I ') Sworn to and subscribed before me this ~ ___ day of ~"".!~')>-\'7/'----------' 20...L.:.L... Personally known "'-t ___________ _ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/i1/92) Notary Public -State of _'-'\"rl,,-,,-,-,!\ _. :11..1 "'-__ _ My commission expires _(_14-C .l.;1 for",' '-'-'-'-__ (Printed, typed or stamped com iss oned name of notary public) '''/vV'VVVVVY'VVVVVYVVl ,~" Pu~ Notary Public State of Florida !'."JJ 1: Tamara L Ortiz ~ <.:.f'. If My Commission EE023581 "''to, "O~ Expires 09/09/2014 <; rhomas F Perc. 2011·2013, All rights rcsen'cd 711 II 131 \.\ Page 30 of 72 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or reqUire the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community. by any employee who is so convicted. .' 6) Make a good faith effort to continue to aintain a drug-free workplace through implementation of this section. • \ As the person authorized to sign the statemen , I certi that this firm complies fully with the above requirements. RESPONDENT's Signature:X ( .'-.~'-----... -. Print Name: lG.\.Ll) V ( ) f~\d.J-'\.:!.0-r./!..· ~j ,,,-,\~\,--,'(,--_____ _ D"" ~\''''''G'-\\r;j"",J,=;,-,,\'_),--_! _______ _ L Ihomas F Pepe, 2011-2013 1111 rights reserl'ed 7111113(1.l Page 31 of 72 ACKNOWLEDGEMENT OF CONFORMANCEWITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, \\\\'fy-J \k(",;;\:( y"",O (6'\uf~r\J~~C;f CONTRACTOR), hereby acknowledge and agree that as CONTRACTORs for the project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970. and all State and local safety and health regulations. and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages. losses and expenses they may incur due to the failure of (Sub-Contractor's names): C Thomas f. Pepe. 2011·2013 All rights reserved 7111/ 13113 Witness Page 32 of 72 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & Email Landscape Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responSible Bidder within five (5) business days after Bid Opening. 9 Thomas I'. I'epc. :<011-2013. All rights r~served. 7/11/13/13 Page 33 of 72 RELATED PARTY TRANSACTION VERIFICATION FORM I ~¢'l .. L,,<j C:.cIf\<:~\S __ C ,individually and on behalf of\l\\ljCl{'( Jv\ \1c )\('\\J1J (~\;\:"lri\~) ~lC/ ("Firm")have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics. Section 8A-1 of the City's Code of Ordinances and I hereby certify. under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm. am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees. officers. directors of the Firm. nor anyone who has a financial interest greater than 5% in the Firm. has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is (are) a member of any public body created by the City Commission, i.e .. a board or committee of the City. [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) 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 those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm. nor any member of those persons' immediate family (Leo.. spouse. parents, children. brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted with the City, or with any person or agency acting for the city, other than as follows: _(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, Leo.. "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) 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 those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: ________________________ _ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet. i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members. who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: ---------------------------~--~----~~----~-~-~-~-----------(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.) (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege. benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public. for our personal gain or C Thomas F Pepe, 201 1 .. 20 \3 AI\ rights rcscn"cd 711 1!I.l/U Page 34 of 72 benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: _______________________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) 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 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]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm. or the Firm he/she represents. as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. "'j (10) A violation of the City's Ethics Code. e giving of any false information or the failure to supplement this Verification Form. may subject 9lejor t Firm to immediate termination of any agreement with the City, and the imposition of the maximum fi €i a1d/o any p/¢nalties allowed by law. Additionally. violations may be considered by and subject to action by the ia 11-de C9lmty Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort 0 in es gate 5K'e matters to which I am attesting hereinabove and that the statements made hereinabove are tru an co rec to the best of my knowledge. information and belief. C Thomas F Pepc. 2011-2013, All nghts reserved 7/11/1JII.l Page 35 of 72 ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel. advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: ( I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies. such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board. the environmental review and preservation board. the code enforcement board and such other individuals. boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the City clerk. the city manager, department heads. the city attorney. and all assistants to the city clerk. city manager and city attorney. however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money. gift. favor, thing of value or financial benefit conferred. or to be conferred. in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership. directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the City. (9) The term "immediate family" shall refer to the spouse. parents. children. brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP. a statement of qualifications in response to a request by the city. or entering into contract negotiations for the provision on any goods or services. whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds. anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2). (3) and (4); () rho mas F Pepe. 2011·20U All rights rcscflcd 7/11/13/1.l Page 36 of 72 (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city. and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer. director. partner, of counsel. consultant. employee, fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )De(tnitioll. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan. travel. entertainment. hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2)Exceptiotls. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I ); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, haVing a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12. Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(l) through (6) be employed by a corporation, firm. partnership or business entity in which that person or the immediate family does not have a controlling ~; rhomas F Pepe. 2011·20i3. All nghts resend. 7/11/13113 Page 37 of 72 financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an 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 ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as 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 to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time City employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the 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-I I of the 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 not to 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 of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the City commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as o Thomas I; Pepe. 2011-2013 All rights rcser\cd. 711111.Vll Page 38 of 72 counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include. but not be limited to. any direct or indirect interest in any investment. equity. or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project. business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official. officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. publiC relations firm. or any other person or firm. professional or otherwise. to assist in any transaction involving the city or any of its agencies. prOVided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall. for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding. application. RFP. RFQ. bid. request for ruling or other determination, contract. claim. controversy. charge. accusation. arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 50 I (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose City service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision. approval. disapproval. recommendation. the rendering of advice, investigation, or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision. approval. disapproval. recommendation, the rendering of advice. investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision. approval. disapproval. recommendation, the rendering of advice, investigation. or otherwise. during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the tenns defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance. or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person. may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No 6-99-/680, § 2.3-2-99) Editor's note-Ord. No. 6-99-1680. § I. adopted 3-2-99. repealed §§ 8A-1 and SA-2 in their entirety and replaced them with new §§ 8A-1 and SA-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively. and derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan ... II. 1969 LThomas F Pepe. 2011·2013 All rights reserved 7111113113 Page 39 of 72 NOTICE OF AWARD The City has considered the Proposal submitted by your firm for the Playground Equipment for Marshall Williamson Park in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the Playground Equipment for Marshall Williamson Park in the lump sum amount of $ , broken down as follows: Base Proposal: Alternate #1: Alternate #2: Alternate #3: You are required by the Instructions to Respondents to execute the Contract and furnish the required Performance Bond, Payment Bond, , Insurance Endorsements and Certificates of Insurance (see Proposal Submittal Checklist Form) within ten (10) day from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds, Insurance Endorsements and certificate of insurance within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal, revoke the award and retain the Proposal Bond/Security.. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: Steven Alexander City Manager Dated this __ day of _______ " 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ______________ _ On this the ___ day of __________ , 20 __ BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. Q Thomas F. f'ere, 2011-20 Il All rights reserved. 7/11/13/13 Page 40 of 72 CONTRACT THIS CONTRACT was made and entered into on this day of . 20 __ . by and between .hereafter referred to as "Contractor". and the City of South Miami. hereafter referred to as "Owner". through its City Manager. hereafter referred to as "City". WITNESETH: That. the Contractor. for the consideration hereinafter fully set out. hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor. materials. equipment. machinery. tools. apparatus. transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 2. The Contract Documents shall include this Contract. the General Conditions to the Contract. the drawings. plans. specifications. project manual. if any. any supplementary or special conditions. other documents referring to this contract and Signed by the parties. the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which these documents refer. which are made part of those documents and that are documents prepared. or adopted by reference. by the Owner. as well as any attachments or exhibits that the Owner has made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract. subject to additions and deductions as provided in the Contract Documents and any properly approved. written change orders. in lawful money of the United States. the amount of: __________________ Dollars ($ .00---.>. Lump Sum. (Spell Dollar Amount on line above) The expenses of performing Work after regular working hours. and on Sunday and legal holidays shall be included in the above price. However. nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor (all as provided for in the Contract Documents). less the retainage which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor. material. and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full. and after compliance with the terms for payment provided for in the Contract Documents. final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents. or the extended time limit agreed upon. in accordance with the procedure as more particularly set forth in the Contract Documents. liquidated damages shall be paid by the Contractor at the rate of $400.00 dollars per day. plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if. at any time after the execution of this Contract and the Payment and Performance Bond for its faithful performance and payment. the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory. or if. for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers. the Contractor. at its expense within five (5) business days after the receipt of notice from the Owner-to do so. shall furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event. no further payment to the Contractor '" Thomas F Pepe. 2011-20 J3 All rights reserved 7/11113113 Page 41 of 72 shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. 9. No additional Work or extras shall be done unless the same is duly authorized in writing. and in advance of the work by appropriate action by the Owner and in accordance with the Contract Documents. 10. The date that this contract was "made and entered into" is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into or. if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the contract. CONTRACT made and entered into on this day of ,20 __ . by and between __________ --»u hereafter referred to as "Contractor", and the City of South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City". IN WITNESS WHEREOF. the parties hereto have executed this Contract on the day and date set forth next to their name below and may be Signed in one or more counterparts, each of which shall. without proof or accounting for the other counterpart. be deemed an original Contract. WITNESSES: (print name of Witness) (print name of Witness) AUTHENTICATION: Signature: ----:-__ ----:-_______ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: Signature: ___________ _ City Attorney \:; Thomas F Pepe, 2011 ·20 13. All TIghts reserved. 7/11/13113 CONTRACTOR: _________ _ Signature: Name: ___________________ _ Title: OWNER: CITY OF SOUTH MIAMI Signature: _______________ _ Steven Alexander City Manager Page 42 of 72 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents. the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However. when the section of the Contract. where the word to be defined is used, does not specifically refers to this Article to define the word or group of words. the definitions contained in this Article shall not apply unless the word or group of words. in the context of it or their use in the Contract Document in question. is/are ambiguous and open for interpretation. In addition. these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents. Drawings and Specifications. by addition. deletions. clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions. form of documents and affidavits. Bonds: Bid bond. performance and payment bonds and other instruments of security. furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami. 6130 Sunset Drive. South Miami. FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid. CONTRACTOR'S Bid. the Bonds. Insurance Endorsements. Insurance policies, the Notice of Award. the Notice to Proceed. the General Conditions. Special Conditions. if any, any Supplementary Conditions. the Technical Specifications. Drawings. including any incorporated specifications. addenda to the drawings issued prior to execution of the Contract. Change Orders, Construction Change Directives and any written order for a minor change in the Work. and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of working days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person. firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents. the day of the act. event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a C Thomas F Pepe. 2011-20 IJ All rights rcsened 7/11113/13 Page 43 of 72 Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed; A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All draWings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: PhYSical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. SubstanllilL COIllW§tion..,; The date, as certified by the CONSULT ANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or eqUipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. C Thomas F Pepc. 2011·2013 All rights reserved 7/11/13113 Page 44 of 72 Unless otherwise stated in writing. any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids. at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation. as it deems necessary. to establish. to the satisfaction of the CITY. which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be. in the sole discretion and satisfaction of the City. to be sufficiently responsible. qualified and financial able to perform the work. In analyzing a Bid. the CITY may also take into consideration alternate and unit prices. if requested by the Bid forms. If the Contract is awarded. the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract. the Performance and Payment Bond. the Certificates of Insurance. the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract . Document that requires the signature of a party may be executed in counterparts separately by each of the parties and. in such event. each counterpart separately executed shall. without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment .Bond: 2.3 Within ten (10) calendar days of being notified of the Award. CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent ( 100%) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers. material man. laborers. or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4. 2.3.5. and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall. upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall. upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05( I). Florida Statutes. CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety. having a resident agent in the State of Florida and haVing been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570. current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself With. and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents. Work. locality. and with all local conditions and federal. state and local laws. ordinance. rules and regulations that may in any manner affect ;: rilOlllas I' Pepe. 201 1·2013. A)) rights reserved 7IJ 1 II Jill Page 45 of 72 performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict. error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre-construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Oualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or eqUipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as speCified in the Contract Documents. Within thirty (30) calendar days after receiving the list. the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person, or organization on such list. The failure of the CITY or the CONSULT ANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.1 I If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. !; Thomas I' Pcpc. 2011·2013. All fights reser\'ed 7111/13/13 Page 46 of 72 ARTICLE 3-CORRELATION. INTER,PRETATION AND_INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict. error or discrepancy in the Contract Documents. it shall. before proceeding with the Work affected thereby. immediately call it to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict. error or discrepancy. the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install". "install". and "provide" or words with similar meaning shall be interpreted. unless otherwise specifically stated. to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation. or usable structure, providing the indicated functions. shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material. style, finish. strength, class, weight and other applicable characteristics. as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making eqUipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications. the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code. Federal Specifications, ASTM Specifications. various institute specifications. and the like. it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent". when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality. size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT. as the material or product so specified. Proposed equivalent items must be approved by CONSULT ANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number. or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand. make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents. only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to Contract l: Thomas F Pepe. 2011-20 I.J. All rights reserved 7111/13/13 Page 47 of 72 (c) Contract with all Exhibits thereto (d) Supplemental Conditions (e) Special Conditions (f) General Conditions (g) Written or figured dimensions (h) Scaled dimensions (i) Drawings of a larger scale (j) Drawings of a smaller scale (k) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and eqUipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal. handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITYI CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITYI CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing Signed by the City Manager or the CONSULTANT. l~ Thomas F I'~pc. 2011·20Ll All rights reserved 7/11113/13 Page 48 of 72 ARTICLE 5 -INSURANCE 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 5.0.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; 5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 5.0.7 claims for bodily injury or property damage arising out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Contractor's Liability Insurance: 5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability. contractual liability. severability of interest with cross liability provision. and personal injury and property damage liability with limits of $1.000.000 combined Single limit per occurrence and $2.000.000 aggregate. including: Personal Injury: $1.000.000; Medical Insurance: $5.000 per person; Property Damage: $500.000 each occurrence; Automobile Liability: $1.000.000 each accident/occurrence. Excess/Umbrella: $1,000,000 per claim Excess/Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000.000 per claim. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy. without restrictive endorsements. as filed by the Insurance Services Office, and must include: (a) (b) (c) (d) (e) (f) (g) Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more (; nlOmas F Pepc, 20 I 1·2011 1\11 rights rcscn'cd 7/11/1)113 Page 49 of 72 restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 5.2 Before starting the Work, the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR must provide a "certified copy" of the Policy as well as providing the name. address and phone number of the agent and agency procuring the insurance. In addition. the CONTRACTOR shall deliver, at the time of delivery of the insurance certificate, an endorsement to the policy naming the City and Miami-Dade County as an additional named insured and an endorsement that requires the insurer to provide the CITY with notice. as set forth below. of modification. lapse. termination or cancellation (including cancellation for non-payment of premium) of the policy twenty (20) days prior to effective date of the modification. lapse. termination or cancellation. The notification shall be in writing and served by certified mail. with proof of deliver. on the CITY. It shall be the responsibility of the CONTRACTOR as well as the insurer to notify the City of modification. lapse. termination or cancellation of any insurance coverage or policies insuring the CONTRACTOR. which relate to the activities of such CONTRACTOR. the City of South Miami and Miami-Dade County. These endorsements shall also be reflected on the Certificate of Insurance. The CITY shall have the option. but not the duty. to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to CONTRACTOR or liability to the City for such cancellation. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet. the subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR and substituting the work CONTRACTOR for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk): 5.4 In the event that this contract involves the construction of a structure. the CONTRACTOR shall maintain. with an Insurance Company or Insurance Companies acceptable to the CITY. Fire. Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures. while in the course of construction, including foundations, additions. attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY by certified mail. Miscellaneous: 5.6 If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance prior to such cancellation. change, or expiration so as to provide continuous coverage as speCified in this section and so as to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY. either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. 5.8 The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City C Thomas F Pcpc, 2011·2013. 1\\1 rights rcscrlcd 7/1111.l!l3 Page 50 of 72 reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means. methods. techniques. sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be deSignated in writing by the CONTRACTOR. before the CONTRACTOR commences the Work and within the time required by the Contract. as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications. Drawings. Addenda. Modifications and Shop DraWings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built" drawings. as well as the original Specifications. Drawings. Addenda. Modifications and Shop Drawings with annotations. shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor, Materials and Equipment: 6.2 The CONTRACTOR shall provide competent. suitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. local telephone. water and sanitary facilities and all other facilities and incidentals necessary for the execution. testing. initial operation and completion of the Work. 6.4 All materials and equipment shall be new. except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved. such, materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied. installed. connected. erected, used. cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator. or processors, except as otherwise prOVided in the Contract Documents. Materials, Equipment, Products and Substitutions: 6.6 Materials. eqUipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials. equipment or products. together with such samples as may be necessary for them to determine their acceptability and obtain their approval. within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material. article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number. it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities. quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material. article. or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number. and if. in the opinion of the CONSULTANT. such material. article. or piece of equipment is of equal substance and function to that specified. the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental (; r!lomas F Pepc, 2011·20 \3 All nghts reserved 7/11113113 Page 51 of 72 changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials. equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work. such Work or materials shall be removed and replaced. together with any Work disarranged by such alterations. at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concern inc Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor. against whom the CITY or the CONSULTANT may have reasonable objection. nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT. unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR. nor shall it create any obligation on the part of CITY or CONSU L T ANT to payor to see to payment of any persons due subcontractor or other person or organization. except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization. to the extent practicable. evidence of amounts paid to the CONTRACTOR on account of speCified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6. 10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades. Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors. and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULT ANT. any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory. they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention. design. process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims. damages, losses and expenses (including attorney's (; Thomus F Pepe. 2011·2013 All rights rcscrved. 7/1111.3113 Page 52 of 72 fees) arising out of any infringement of such rights during or after the completion of the Work. and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials. appliances. articles or systems prior to bidding. However. he shall not be responsible for such determination on systems which do not involve purchase by them of materials. appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions. there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR. when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. lighting shall be prOVided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship. for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws. ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith. it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances. rules and regulations, and without such notice to the CONSULTANT. it shall bear all costs arising there from; however. it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws. ordinances. rules and regulations. Taxes: 6.18 Cost of all applicable sales, consumer use. and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.19.1 All employees and other persons. who may be affected thereby. 6.19.2 All the Work and all materials or equipment to be incorporated therein. whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. roadways, structures and utilities not designated for removal. relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall deSignate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto. the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY. is obligated to act. at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time. he may make a claim therefore as provided in Articles II and 12. (', Thomas F Pcpe. 2011·2013 All righls rcscrl'ed 711111 3113 Page 53 of 72 Shop Drawings and Samples: 6.22 After checking and verifying all field measurements. the CONTRACTOR shall submit to the CONSULTANT for review. in accordance with the accepted schedule of shop drawing submissions. six (6) copies (or at the CONSULTANT option. one reproducible copy) of all Shop Drawings. which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions. design criteria. materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review. with such promptness as to cause no delay in Work. all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material. manufacturer. any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission. the CONTRACTOR shall notify the CONSULTANT. in writing. of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples. but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT. in writing. of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities. dimension. field construction criteria. materials. catalog numbers and similar data or they assume full responsibility for doing so. and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULT ANT. A copy of each Shop Drawing and each approved sample shall be kept in good order. in a book or binder. in chronological order or in such other order required by the CONSULTANT in writing. by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT. in writing. to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation. nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work. and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials. excavated material and rubbish as well as all other material and equipment that does not form a part of the Work. from the property. roadways. sidewalks. parking areas, lawn and all adjacent property. In addition. the CONTRACTOR shall clean his portion of Work involved in any building under this Contract. so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property. both public and private. which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: c rho mas I' Pepe. 2011-201l All rights rcscned 7III/UII3 Page 54 of 72 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions; 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 In consideration of the separate sum of Ten ($10.00) Dollars or other valuable consideration, and unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their officers, agents and employees or any of them from and against claims, damages. losses and expenses (including but not limited to attorneys' fees) received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work. but only to the extent caused in whole or in part by the negligent acts or omissions of the CONTRACTOR. a Subcontractor. or anyone directly or indirectly employed by them or anyone for whose acts they are liable. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. The CONTRACTOR shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from either the negligent, willful, wanton or intentional error. omission. or act of the CONTRACTOR. its sub-contractor or assigns as well as all of their agents, representatives or employees, incident to, ariSing out of or resulting from the performance of the CONTRACTOR's professional services under this Agreement. The CONTRACTOR agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR. its sub-contractor or assigns as well as all of their agents, representatives or employees. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR. the City in no way assumes or shares responsibility or liability of the CONTRACTOR, or its sub-contractor or assigns, or any of thier agents, representatives or employees 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees ariSing out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys. Change Orders. designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act. omission, or default of the Contractor, the Contractor's subcontractors, sub-subcontractors. materialmen, or agents of any tier or their respective employees to the extent caused by the negligence. recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. ( IhOIll<lS I; Pepc, 2011·2013. 1111 rights reserved 7/1111.l/13 Page 55 of 72 ResponSibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work. existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations. grading, fill, storm drainage. paving and any other construction or installations in rights-of- ways of streets. highways. public carrier lines. utility lines. either aerial. surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work. CONTRACTOR shall present to CONSULTANT certificates. in triplicate, from the proper authorities. stating that the Work has been done in accordance With their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments. Public Utilities. Etc.: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work. shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 6.37.2 Use Premises: The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work. and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. 6.38 CONTRACTOR shall confine its apparatus, storage of materials. and operations of its workmen to the limits indicated by law, ordinances. permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be () rhomas F Pepe. 2011-2013 All rights rcsened. 7IJ 1/13/13 Page 56 of 72 furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements; 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks. pipes or utilities. footings. or structures (including portions thereof). trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. 8.B.IKLE 7 -WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY. if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable. the CONTRACTOR shall build around the work of other separate contractors or shall leave chases. slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases. slots. etc., are impracticable. the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULT ANT. c rho mas F Pepe, 2011-2013. All rights rescrwd 7/11/13/13 Page 57 of 72 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work. notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision. in matters relating to aesthetics. shall be final. if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof. shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodiC visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design profeSSional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULT ANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULT ANT requires testing of completed Work, the cost of such inspections and/or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work. or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. r Thomas F i'epc. 2011-20 I.l All rights reserved 711111311.\ Page 58 of 72 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc" see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ABTICLE 10· CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an eqUitable adjustment will be made as provided in Article II or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involVing extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10J Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as prOVided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. t\RTICLE II -CH~NGE OF CONTRACT PRICE I 1.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. I 1.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: I 1.2.1 Specifications (including drawings and designs): C Thomas F Pcpc. 2011-2013. All rights rescrved 711111311.3 Page 59 of 72 11.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities. equipment. materials. services. or site; or 11.2.4 Acceleration in the performance of the Work. I 1.3 Except as provided in this section. or sections referred to in this section. no order. statement. or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is speCifically and expressly provided for in a written Change Order. or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing. the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of. or the time required for. the performance of any part of the Work under this Contract. for which the CITY and the CONTRACTOR cannot reach a timely agreement. an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. I 1.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT. it shall. within ten (10) calendar days after receipt of a written Change Order. submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment. time extension requested and supporting data. In determining the cost of the Change Order. the costs shall be limited to those listed in section I 1.7 and I I.B. 11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs. the CONTRACT shall provide a list of all costs together with backup documentation II.B The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY. such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: I I.B.I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages. plus the costs of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' compensation. health and retirement benefits. sick leave. vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way. whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. II.B.2 Cost of all materials and eqUipment furnished and incorporated in the Work. including costs of transportation and storage. and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts. rebates and refunds. and all returns from sale of surplus materials and equipment shall accrue to CITY. and CONTRACTOR shall make provisions so that they may be obtained. I I.B.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine. with the advice of the CONSU L T ANT. which Bids will be accepted. No subcontract shall be a I:· l!lomas F Perc. 2011-2013. All nghls reserved 7I11i1J/U Page 60 of 72 cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof· all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities. fuel and sanitary facilities at the site. I 1.8.8 Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work. not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives. principals (of partnership and sole proprietorships). general managers. engineers. architects. estimators. lawyers. agents. expediters. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to. the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. I 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I I, I 0.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in I 1.8. When both additions and credits are involved in anyone change. the net shall be computed to include overhead and profit. identified separately, for both additions and credit. provided however. the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION, L10UIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore. the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time speCified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed. by and between the CONTRACTOR and the CITY. that the Contract Time for the completion of the Work described herein is a reasonable time. taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor ( Thomas F Pepe. 201 1·2013 A/I rights resen'cd 711 11131 Ll Page 61 of 72 knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21" day following the date of the event upon which the claim is based. ARTICLE 13 -GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and eqUipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after haVing received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the (Thomas F Pcpc, 2011·201.1 1111 rights resen'cd 7111/1311.1 Page 62 of 72 CONTRACTOR's expense. and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents. if different from the period of time listed in Section 13.1. shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent. on a limited basis for the CITY. at the CITY's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -PAYMENTS AND COMPLETION Pawents to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons. firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data. satisfactory to the CITY, which establishes the CITY'S title to the material and eqUipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate. either certifying in writing its approval of payment and present the partial payment estimate to the CITY. or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY. will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment. shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials. directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release. the CITY shall have the right to issue a jOint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all t;. Thomas F Pepc. 2011-2013 All rights r<'sen'cd 7i1lilJ/13 Page 63 of 72 liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSUL TNT's approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the 14.5 14,6 CITY free and clear of any liens. The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. The CONSULT ANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the 14.6.4 14.6.5 14.6.6 probable filing or receipt thereof, the Contract Price has been reduced because of modifications, the CITY has correct Defective Work or completed the Work in accordance with Article 13. of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6,8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. ,', Thomas F I'epc, 2011·2013 A\I fights rcscncd 71\ 1/131L\ Page 64 of 72 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work. or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR. including the retained percentages. but except such sums as may be lawfully retained by the CITY. shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables. streamline the process of making payments to your organization going forward. the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features. with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval. an electronic remittance advice will be sent via e-mail. or fax. which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the ClTY's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment. however. final or otherwise. shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines. because of subsequently discovered evidence or the results of subsequent inspection or tests. that: 14.12.1 the Work is defective. or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed. or in the case of Final Completion certification. is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified. 14.12.3 claims or Liens have been filed or received. or there is reasonable evidence indicating the probable filing or receipt thereof that. if valid and paid. would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.5 there is Defective Work the value of which. if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may. at any time and without cause. suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULT ANT. which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a general aSSignment for the benefit of its creditors. or if a trustee or receiver is appointed for the CONTRACTOR or for any its pt·operty. or if he files a petition to take advantage of any debtor's act. or to reorganize under bankruptcy or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment. or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or C Thomas F Pepe. 2011·20 Ll /\11 flghlS reserved 7/11/1.lil J Page 65 of 72 equipment or he disregards laws. ordinances. rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of the CONSULTANT. or if he otherwise violates any provision of. the Contract Documents. then the CITY may. without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment. tools. construction equipment and machinery thereon owned by the CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULT ANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section. it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section I S.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. 15.5 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipmen1 15.5 In the case of termination of this Contract before completion for any cause whatever. the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies. the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If. through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority. or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULT ANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may. upon twenty (20) calendar days written notice to the CITY and the CONSULT ANT. terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract. if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULT ANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT. if he/she is an independent contractor, may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY and the CONTRACTOR, hereby agree to indemnify and hold harmless the CONSULTANT as to any interpretation, de-certification of a payment application, decertification of ( l'homa> F Pepe. 2011·2013 All nghts reserved 7111/13113 Page 66 of 72 Substantial Completion, decertification of the Final Completion, certification of an event of default, or other action taken by the CONSULTANT pursuant to his duties as set forth in the Contract Documents. ARTICLE 16 -MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any. and the rights and remedies available hereunder, and. in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder. shall be in addition to. and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable. claim shall be made in writing to the other party within twenty one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 -WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly. irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE IB -ATTORNEYS FEES JURISDICTION I VENUE I GOVERNING LAW IB.I The Contract shall be construed in accordance with and governed by the law of the State of Florida. IB.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County. Florida. IB.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses. including. but not limited to. court costs. and reasonable attorney's fees. IB.4 Except as may be otherwise provided in the Contract Documents. all claims. counterclaims. disputes and other matters in question between the CITY and the CONTRACTOR ariSing out of or relating to this Contract or the breach. thereof. shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROJECT RECOP.D.$. 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense. the books and records and accounts of CONTRACTOR which relate in any way to the Project. and to any claim for additional compensation made by CONTRACTOR. and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts. financial or otherwise. which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project. CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are reqUired to comply with public records laws (s.119.070 I) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. c rhomas F Pepc. 2011-2013 All rights reserved 7111113/Ll Page 67 of 72 b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer. at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision. including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable; the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance. employee benefits, purchasing policies and other similar administrative procedures. applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign the performance, duties. obligations and responsibilities required by the Contract without prior written consent of the City. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONTRACTOR's rights. The City may, in its sole discretion. allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this __ day of , 20 __ , WITNESSES: CONTRACTOR: Signature: Name: Title: __________ _ AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: ___________ _ Maria Menendez City Clerk t;; Thomas F P~p~. 2011-2013 All rights reservcd 7111/13/13 Signature: Steven Alexander. City Manager Page 68 of 72 Read and Approved as to Form. Language. Legality. and Execution Thereof: Signature: __ --:-_____ . ___ _ City Attorney D Thomas F Pepe. 2011-20 I.l AI! rights reserved. 7II1/13/!3 Page 69 of 72 Supplementary Conditions A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the Principal Consultant, Civil Engineer of Record, and/or City Engineer and the CONSULTANT's name, address, telephone number and facsimile number is as follows: N/A B. Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" as defined in Article I. C. Plans for Construction: The CONTRACTOR shall be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the reproduction cost. D. Grant Funding: This project will be federally assisted through the Miami-Dade County Department Housing and Community Development ("MDCDHCD") with Community Development Block Grant funds. This funding requires that the CITY and CONTRACTOR comply with the requirements of MDCDHCD and those requirements are more specifically described in the document title "Attachment A To Bid Package" which is attached hereto and made a part hereof by reference. The following is a summary or listing of many of the requirements and documents that govern the duty of the CITY AND CONTRACTOR: I) As the contractor on this project you must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. 2) Note that contractor is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. 3) This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. 4) Please refer to "Attachment A To Bid Package". Public Housing and Community Development Federal Labor Standards and Section 3 Requirements" for Federal Labor Requirements. 5) Documents. Rules. Regulations. Executive Orders. federal code, acts and other laws that are incorporated in the bid package are: a) Notice to Bidders/Prospective Contractors (s) b) Statement of Bidders Construction Experience c) Certification Receipt d) Davis-Bacon Wage Decision FL 130226 I 5/17/2013 FL226 -Highway e) Federal Labor Standards Provisions (Form HUD-40 I 0) t) Insurance Requirements g) Provisions to be Incorporated in Construction contracts: h) Davis-Bacon Act i) Termination j) Access to Records and Retention k) Non collusion Affidavit I) Certification Regarding Lobbying m) Affirmative Action Standards n) Certification of compliance with Part 60-2: Affirmative Action Programs 0) Other Required Certifications: p) Equal Employment Opportunity, q) Affirmative Action, 1') Americans with Disabilities Act. C Ihomas I· Pcpc. 2011-2013 /\11 rights rcscflcu 7111113113 Page 70 of 72 q) Affirmative Action. r) Americans with Disabilities Act. s) Copland Anti-Kickback. t) Byrd Anti-Lobbying Amendment. u) Full Disclosure by the Contractor/Bidder. v) Non-Discrimination Clause. w) Age Discrimination Act of 1974 as Amended. and x) Section 504 of the Rehabilitation Act of 1973 as Amended. y) Certification Regarding Drug Free Workplace (Grantees Other than Individuals) z) Assurance of Compliance (Section 3. HUD Act of 1968) aa) Section 3 Requirements bb) Section 3 clause cc) Bidders Initial Section 3 Goals dd) Certification Regarding Debarment. Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Transactions (Certification Document and Instructions) eel Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO I 1246) ff) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era gg) Equal Opportunity for Workers with Disabilities hh) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO I 1246) ii) Equal Employment Opportunity (EEO) Clause for Contractors Subject to E) 11246 jj) Certification of Nonsegregated Facilities kk) Notice to Prospective Subcontractors of Requirements for Certification on Non- Segregated Facilities II) Notice of Requirement -Clean Water. Clean Air. EO 11738 and EPA Regulations Provision mm) Certification of Compliance with Federal Regulations nn) Clean Air Act 00) Federal Water Pollution Control Act, and pp) Lead-Based Paint Poisoning Prevention Act qq) Certification Regarding Debarment. Suspension. and Other Responsibility Matters (Direct ReCipient) rr) Public Entity Crimes Affidavit IN WITNESS WHEREOF. the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ___ day of . 20_. WITNESSES: AUTHENTICATION: Signature: Maria Menendez City Clerk Read and Approved as to Form. Language, Legality, and Execution Thereof: Signature: City Attorney C fhomas F Perc, 201 1-2013 All nghts reserved 7111/13113 CONTRACTOR: Signature: Name: Title: OWNER: Signature: CITY OF SOUTH MIAMI Steven Alexander City Manager Page 71 of 72 -------------------------- NOTICE TO PROCEED TO: DATE: PROJECT DESCRIPTION: Playground Equipment for Marshall Williamson Park, in accordance with Plans and Contract Documents as may be prepared in whole or in part by , the prime consultant and hereinafter referred to as CONSULTANT. You are hereby notified to commence Work in accordance with the Contract dated , on or before You are to complete the work within 60 working days. The date of completion of all Work is therefore ______________ _ City of South Miami BY: ______________ _ Steven Alexander. City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by _____________ _ on this ____ day of _______ , 20 __ . BY: TITLE: D Thomas F Pepc. 2011·2013_ All rights reserved 7111113113 Page 72 of 72 CITY OF SOUTH MIAMI ATTACHMENT A To BID PACKAGE RFP #PR20 13-08 "PLAYGROUND EQUIPMENT FOR MARSHALL WILLIAMSON PARK" ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: Project Name: Project Address: City of South Miami Marshall Williamson Park Improvements Project -Playground Eguipment 6125 SW 68 Street, South Miami, FL 33143 Prepared by: Cathrine J Lara Revised 08/01/2013 Table of Contents Federal Labor Requirements Documents that must be Incorporated in the submittal of the bid package: • Notice to Bidders I Prospective Contractor(s) • Statement of Bidder's Construction Experience • Certification Receipt • Davis·Bacon Wage Decision FL130168 3 07/12/2013 FL168 -Heavy • Federal Labor Standards Provisions (Form HUD-4010) • Insurance Requirements • Provisions to be Incorporated in Construction Contracts: o 1) Davis·Bacon Act. o 2) Termination, o 3) Access to Records and Record Retention, • Non-Collusion Affidavit • Certification Regarding Lobbying • Affirmative Action Standards • Certification of Compliance with Part 60-2: Affirmative Action Programs • Other Required Certifications; o 1) Equal Employment Opportunity, o 2) Affirmative Action, o 3) Americans with Disabilities Act, o 4) Copeland Anti-Kickback, o 5) Byrd Anti-Lobbying Amendment, o 6) Full Disclosure by the ContractorlBidder, o 7) Non-Discrimination Clause, o 8) Age Discrimination Act of 1975 as Amended, and o 9) Section 504 of the Rehabilitation Act of 1973 as Amended. • Certification Regarding Drug Free Workplace (Grantees Other than Individuals) • Assurance of Compliance (Section 3, HUD Act of 1968) • Section 3 Requirements • Section 3 Clause • Bidder's Initial Section 3 Goats • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Transactions (Certification Document and Instructions) • Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with Disabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Oppo.rtunity (EO 11246) • Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246 • Certification of Nonsegregated Facilities· • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities • Notice of Requirement -Clean Water, Clean Air, EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations o Clean Air Act, o F'ederal Water Pollution Control Act, and o Lead-Based Paint Poisoning Prevention Act • Cerlification Regarding Debarment. Suspension, and Other Responsibility Matters (Direct Recipient) • Public Entity Crimes Affidavit I·BIO PACKAGE Miami·Dad& County PHCD Page2 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 and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in tile advertisement of the project) 2-NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) (COBGI Miami-Dade County PHCO Page 3 ----------------------------------------.------~--------~- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested information and documentation with the Bid package All questtons must be answered and the data given must be clear and comprehensive. This statement must be notarized. If nece,ssa~1 add separate sheets for items marked "*/1. 1. Prime Contractor: l\\\bJ\C~-.\ '-~'Cy~(:\:~"(" OG-l)'(v P\6J( L, 2. Prime Contractor Address:~~+;;~:';t: f\tSt~c39 3. Name of each principal officer of corporation, partner, firm or individual: ~z.(,.W() C-fl{\·L:~:z.)r=U(o\',;(1 A~~(;i\(A( ( " 4. Gender and Ethnicity of Principals:\\ -'?'?'(\ ~<;-\\. 1--'\ -. C()\I,'4'S 5. Company Qualifier: CCc \ 'l)d... c\ ~l() 1 \ C ~(.;\ J.<0.,r c) S\' ) 6. Years in Business: Ie') \ I G", "> C 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department License Number:Dlj:Y;<), '{k:1-0 State: ~: k> ~(.J\(:" 8. Contractor's Certification Categories:~)lb\(\~ (\~) ') ~ ')()\;', {\(~ 9. Contracts completed in the last five years (include the months and year completed, use additional pages. if needed) SSUL..-C\\~G\<.\'--'> (.1 10. Contractor's on-going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? ___ _ If so, where and Why? DC) Page 1 of2 3· STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Mlami·Dade County PHCD Page 4 MAJOR PROJECTS COMPLETED IN LAST FIVE YEARS Payne Park Playground Location -579 Payne Parkway, Sarasota, FL 34237 Contract Amount -$613,417.15 Owner -City of Sarasota Architect -DWJA Landscape Architects General Contractor -Advanced Recreational Concepts Contact -Neil Gai nes, City of Sarasota Phone Number -(941) 365-2200 x 6309 Informal Bid with other Playground Manufacturers bidding Job Completed -August 2012 Thornby Park All Inclusive Playground Location -110 Providence Blvd, Deltona, FL 32725 Contract Amount -$273,861.86 Owner -City of Deltona Architect -DRMP, Inc. General Contractor -Advanced Recreational Concepts Contact -Steve Moore, City of Deltona Phone Number -(386) 878-8902 Informal Bid with other Playground Manufacturers bidding Job Completed -December 2010 Max K. Rhodes Park Location -3410 Flanagan Ave., West Melbourne, FL 32904 Contract Amount -$208,861.57 Owner -Brevard County Parks and Recreation Architect -PBS&J General Contractor -Advanced Recreational Concepts Contact -Dave Moore, Brevard County Parks and Recreation Phone Number -(321) 255-4400 Negotiated Contract Job Completed -March 2011 Doral Dog Park Playground Location -11645 NW 50th St., Doral, FL 33178 Contract Amount -$217,644.25 Owner -City of Doral Architect -AECOM General Contractor -Link Construction Group, Inc. Contact -Albert Santelices, City of Doral Phone Number -(305)665-9826 x 233 Formal Bid negotiated with City, General Contractor and Architect Job Completed -June 2012 -~~---------------~~~~-------------------------- Westview K-8 School Location -5270 Connie Jean Road, Jacksonville, FL 32222 Contract Amount -$195,803.17 Owner -Duval County Public Schools Architect -JSA Architects General Contractor -Ajax Building Corp. Contact -Cheryl Thompson, Duval County Public Schools Phone Number -(904) 390-2532 Negotiated Contract Job Completed -July 2011 ~~-----------~----- 12. Have you ever defaulted on a Contract? (J(') Please explain on a separate sheet. -13. Through what personnel or affiliations do you propose to provide knowledge of local ~ d:~ign ~Jl~\on\)str~ct~on ~r~bl,e~_~ and m_~th~t:?,;r.: /~~~~~~~--~~~~~~~--~~~~~----~~~~~~~~~-r -.14. 15. 17, a) The undersign d has attached a detailed financial statement and furnish any other information tlia m~y b!f"required by Miami-Dade Office of Community and Economic OeVeljtJ e71~ I. The Bidder p omise~ to t n indemnify and hold harmless the::'I\", cis\'-'\I4\{V\', received, WhetherAt;:' arbitratio on appeal. . (initials) / The Bidder authorize ,Slhy p }rs.9{t;rm .corporation, organization or governmental unit to act on a copy of}!Je sub Itted financial statement. ~..,// (initial~L The unders~d h~~~~h rizes and requests any person, firm, corporatiofl, or governmental unitft9 fur is ny information requested by the(~~ 1\ u\-). rt~~(name of agency) in verih-fatio the recitals comprising this statement of bidder's experience (initial SUBSCRIBED A.NO SWORN TO (or affirmed) before me on~I;~)-\ ~ \ ;}()!'j Date _, , \ By l<;.J,'\\ 'Y(" ( • ().Lllli,~ <: . He/She IS personally known to me or has presented (Affiant)~ ------------------.------ (Type of '.fntificatiOn) (Signature OfNO,.,y) \:-II',C:;( (((~ _ ~jnt or Stamp Name of Notary) '----. ) (rr'(,,<>. v--.. l. CY\ L_ ~~~~,,~~·v~~fiJ~~~ Nota ~~.y >(14 Notary PubliC State of Florida Publi ~o \' (t: Tamara L Ortiz ~.:;, "if M¥ CommiG4IOn 1££:023581 ~t 011\0" (~t.ft)o9/0912014, , , _ _ I "...I"""''''''I'V'~ as identification, (Serial Number) fE: C\r:t:) \'(s \ (Expiration Date) q t G \' 1\\ ~()\"--I Notary Seal Page 2 of 2 3· STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County PHCD Page 5 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project Marshall Williamson Park Improvements Project -Playground Equipment (Name of project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage General Decision Number FL 130168307/12/2013 FL 168- Heavy that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL 1301683 07/12/2013 FL 168 -Heavy for this project. Full Address (including City, ST and Zip) and Email Address /' / Authorized Signature: ~=-t---t------~.-- Title: Check one, as applicable: X Contractor Subcontractor -- Other 4· CERTIFICATION RECEIPT Miami·Dade County PHCD Page 6 General Decision Number: FL130168 07/12/2013 2L168 Superseded General Decision Number: FL20120168 State: Florida construction Type: Heavy County: Miami-Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number o 1 2 3 Publication Date 01/04/2013 04/05/2013 05/17/2013 07/12/2013 * ELEC0349-007 09/05/2011 ELECTRICIAN Total value of Electrical work on Project including Rates materials over $2,000,000 .. ,$ 30.11 Total value of Electrical work on Project including materials under $2,000,000 .. $ 27.15 ENGI04B7-017 01/16/2010 Rates OPERATOR: Backhoe (Except Loader Combo), .... , .•............ $ 27.57 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile t Rail, Climbers, Static- Mounti All Cranes with Boom Length 150 Feet & Over (With or 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 Cranesi Boom Truck .................. $ 28.30 http://wdol.gov/wdol/scafiles/davisbaconlFL168.dvb?v=3 Fringes B.96 8.64 Fringes 8.78 8.78 Page I of5 8/1/2013 Cranes with Boom Length Less than 150 Feet (With or \~ithout jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice); Boom Truck ....................... $ 27.57 OPERATOR: Drill. ................ $ 25.05 OPERATOR: Loader ................ $ 24.89 OPERATOR: Oiler ................. $ 22.24 IRON0272-005 10/01/2011 Rates IRONWORKER, STRUCTURAL ........... $ 23.94 LAB01652-004 05/01/2011 Rates LABORER: Grade Checker .......... $ 14.50 PAIN0363-007 09/01/2011 Rates PAINTER: Brush, Roller and Spray ............................ $ 19.50 SUFL2009-164 06/24/2009 Rates CARPENTER, Includes Form Work .... $ 17.00 CEMENT MASON/CONCRETE FINISHER ... $ 16.61 LABORER: Common or General ...... $ 13.09 LABORER: Landscape .............. $ 7.25 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) ............................ $ 10.63 OPERA TOR: Asphalt Paver ......... $ 11. 59 OPERATOR: Backhoe Loader Combo ............................ $ 16. 10 OPERATOR: Bulldozer ............. $ 14.95 OPERATOR: Excavator ............. $ 21.16 OPERATOR: Grader/Blade ..... ~ .... $ 16.00 OPERATOR: Mechanic .............. $ 14.32 http://wdo l.gov/wdo lIscafiles/davisbaconIFL 168. dvb ?v'=3 8.78 8.7B 8.78 8.78 Fringes 5.93 Fringes 4.67 Fringes 7.93 Fringes 2.51 5.52 1. 26 0.00 2.20 0.00 2.44 0.81 1. 67 2.84 0.00 Page 2 of5 I .' 8/1/2013 OPERATOR: Roller ................ $ 10.95 0.00 OPERATOR: Scraper ............... $ 11.00 1. 74 OPERATOR: 'l'rackhoe .............. $ 20. 92 5.50 OPERATOR: Tractor ............... $ 10.54 0.00 TRUCK DRIVER, Includes Dump 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 rate prescribed for craft performing operation to which welding is incidental. ;:::';:=;;::=::::==========::::==;;:;;:;:..~=;;.:.:::=!::'.~:;:.~~===============::;===========:::::=~:::::::::::~====== Unlisted classifications needed for work not included \~ithin the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CE'R 5.5 (a) (1) (ii», The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SUn denotes that the union classi.fication and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The fir.st 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 Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates, http://wdol.gov/wdollscafiles/davisbaconIFL168.dvb?v=3 Page 3 of 5 8/1/2013 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used 1n computing these rates may include both union and non-union data. Example: SOLA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new SUT.vey is conducted. ~'1AGE DETERMINATION APPEAL,S PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal 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.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor http://wdoLgov/wdol/scafiles/ davisbaconlFL 168.d vb?v=3 Page 40[5 8/1/2013 --------~-~---------------~---------------~-------------------------------------_._------------ 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board), ~i'rite to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ============~========~~=~~====================================== END OF GENERAL DECISION http://wdol.gov Iwdollscafilesl davisbaconIFL 168.d vb?v=3 Page 5 of 5 8/1/2013 Federal Labor Standards Provisions Applicability The Project or program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (I) 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 Acl (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at lime of paymenl computed at rales not less than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davls-6acon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs. which cover the particular weekly period, are deemed to be constructively made or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate a nd fringe benefits on the wage determ Ination for the classification of work actually performed, without regard to skill, except as provided In 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the lime 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 )(il) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible. place where It can be easily seen by the workers. (Ii) (a) Any class of laborers or mechaniCS which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: Previous editions are obsolete U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The propol>ed 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 for fringe benefits where appropriate). a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour DiVision. Employment Standards Administration, U.S. Department of Labor, Washington. D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional claSSification action within 30 days of receipt and so advise HUO or lis deSignee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (e) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount deSignated for fringe benefits, where appropriate), HUD or its designee shall refer the questions. including the views of all interested parties and the recommendation of HUD or its deSignee. to the Administrator for determination. The Administrator, or an authorized representative, will Issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its deSignee within the 30-day period that additional time is necessary. (Approved by the Office of Management and 6udget under OMS Control Number 1216-0140.) (d) The wage rate (Including fringe benefits where appropriate) determined pursuant to SUbparagraphs (1){Ii)(b) or (c) of this paragraph. shall be paid to all workers performing work in the clal>sification under this contract from the first day on which work is performed in the classification. (Iii) Whenever the minimum wage rate prescribed in the contract for a class of taborers or mechaniCS includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as stated In the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary 01 Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program, (Approved by the Office 01 Management and Budget under OMB Control Number 1215-0140.) 2. Withholding, HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to DaviS-Bacon prevailing wage requirements, which Is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, emplo.yed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or Its designee may, after written notice to the contractor, sponsor. applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor. disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (I) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by Ihe 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, his 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 l(b)(2)(8) of the Davis-bacon Act), dally and weekly number 01 hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably antiCipated In providing benefits under a plan or program described in Section l(b)(2)(B) of the Davls- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete communicated in mitlng to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and cerllflcatlon of trainee programs. the registration of the apprenllces and trainees. and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ll) (a) The contractor shall submit weekly for each week in which any contract work Is performed a copy of all payrolls to HUD or its designee il the agency is a party to the conlract, but If the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1) except that full social security numbers and home addresses shail not be included on weekly transmittals. Instead the payrolls shall only need to include an Individually Identifying number for each employee (e.g" the last four digits of the employee's social security number). The required weekly payroll information may be submitted In any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gQv/esalwhdlforms/wh347insfr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an invesligatlon or audit of compliance with prevailing wage requirements. II is not a violation or this subparagraph lor a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for Its own records, without weekly submission 10 HUD or its designee. (Approved by the Office of Management and Budget under OMB Conlrol Number 1215-0149,) (b) Each payroll submitted shall be accompanied by a "Statement 01 Compliance," signed by the contractor or subcontractor or his or her agent whO pays or supervises the payment of the persons em ployed under 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 5.5 (a){3)(1I), the appropriale Information Is being maintained under 29 CFR 5,5(a)(3)(i). and that such Information is correct and complete; Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344,1 (2) That each laborer or mechanic (including each helper. apprentice. and trainee) employed on the contraot during the payroll period has been paid the full weekly wages earned. without rebate. either directly or indireclly. and that no deduotlons have been made either directiy or Indirectly from the full wages earned. other than permissible deduotions 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 contraot. (e) The weekly submission of a properly executed oertiflcation set forth on the reverse side of Optional Form WH·347 shall satisfy the requirement for submission of the "Statement of Compliance" required by sUbparagraph A.3.(ii)(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 Tille 16 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(I) available for Inspection, copying, or transcription by authorized representatives of HUD or its deSignee or the Department of Labor. and shall permil such representative& to interview employees during working hours on the Job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor. applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore. failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29CFR5.12. 4. Apprentlcos and Traineos. (il Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of l.abor. Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office. or if a person is employed in his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who is not Individually registered In the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to Journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate. who Previous editions are obsolete is not registered or otherwise employed as stated above, shall be paid nol les$ than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing wOik on the job sile In excess of the ratiO permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor Is performing construction on a project In a locality other than that in which its program Is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) speolfled in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified In the registered program for the apprentice's level of progress. expressed as a percentage of the journeymen hourly rate speCified In the applicable wage determination. Apprentices shall be paid fringe benefits in accord ance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid Ihe full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Empl()yer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program. the contractor will no longer be permitled to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (ii) TrairHles. Except as provided in 29 CFR 5.16. trainees will not be permitled to work at less than the predetermined rate for the work performed unless they are employed pursuani '.to and individually registered in a program which has received prior approval. evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payrOll at a trainee rate who is not registered and participating in a training plan approved by Page 3 of 5 form HU04010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actualiy performed. in addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shali be paid not less than the applicable wage rate on the wage determination for the work actualiy performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ill) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with Ihe equal empioyment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 6. Compliance with Copeland Act requlroments. The contractor shall comply with the requirements of 29 CFR Pilrt 3 which are incorporated by reference In this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this parag rilph A and such other clauses as HUD or its designee may by 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 for the com piiance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contraclor ilnd a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. Ail rulings and interpretations of the Dilvis-Bacon and Reiated Acts contained in 29 CFR Parts 1. 3, and 5 are herein incorporated by reference In this contract 9. Dlsputos concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee. the U.S. Department of Labor. or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies Ihat neither It (nor he or she) nor any person or firm who has an interest in the contraclor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l) or to be Previous editions are obsolete ilwarded HUD contracts or partiCipate in HUD programs pursuant to 24 CFR Part 24. (II) No part of this contract shall be subcontracted to any person or firm ineligibie for aViard of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for maKing false statements is prescribed In the U.S. Criminal Code. 18 U.S.C. 1001. Additionally. U.S. Criminal Code, Section 1 01 0, Title 18. U.S.C .. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influenCing in any way the action of such Administration ..... makes, ullers or publishes any statement Knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints. Proceodings, or Tostlmony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stilndards provisions of this Contract are applicable shall be discharged or in any other manner discriminaled against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or Is ilbout to testify In any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where Ihe amount of the prime contract exceeds $100,000. As used in this paragraph, the tenns "laborers" and "mechanics' include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweeK in which the Individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rale not less than one and one-haif times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Vlolatlonj liability for unpaid wages; liquidated damages. In the event of any vioiatlon of the clause set forth in subparagraph (1) of this paragraph. the contractor and ilny subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to' such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subpilragraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of Ihe standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Page 4 of 5 fonn HU0-4010 (06/2009) ref. Handbook 1344.1 (3) With ho Idlng for unpaid wages and liquidated damages. HUD or its tleslgnee shall upon its own aclion or upon wrlttan request of an authorized reprlil~entative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work parformed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause sel forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any tower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (I) through (4) of this paragraph. C. Health and Safety. The prOVisions of this paragraph Care applicable where the amount of the prima contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or uflder working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Aot, (Public Law 91-54, 83 Stat 96). ~ 3701 at 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 or the Secretary of Labor shalt direct as a means of enforcing such provisions. Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by AM. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk" which may be dropped after SUbstantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or 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 of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its 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. Page 2 of 2 6· INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 8 -.' ~ <~ PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS L.-_____________ ._ ... _ .. _._._ .... _ .. __ .. _. __ ~_~_. __ . ____________ -1 A. "DAVIS-BACON" ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract, subcontract, and any lower-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 General Decision Number FL 130168307/12/2013 FL 168 -HEAVY or this project." E. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the 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 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provisions for termination are as follows: 1 . Termination at Will This contract, in whole or in part, may be terminated by the Principal contractor/owne~ r) / upon no less than ten (10) working days' notice when the Principal Contractor/Owne III determines that it would be in the best interest of the Principal Contractor/Owner a the Public Housing and Community Development (PHCD). Said notice shall delivered by certified mail, return receipt requested, or in person with proof of delive Page 1 of 3 7· PROVISIONS TO BE INCORPORATF.D IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page9 ...., nltials 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 would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. The Principal Contractor/Owner, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this contract. The Principal Contractor/Owner shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The Principal Contractor/Owner shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, the Principal Contractor/Owner may terminate this contract upon no less than twenty-four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate, renegotiate and/or adjust the contract award Whichever is in the best interest of the Principal Contractor/Owner. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor/Owner through Board of County Commissioners' action, the Principal Contractor/Owner may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PH CD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract, in whole or in part, when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four (24) hours' notice. Said notice shall be delivered "" by certified mail, return receipt requested, or in person with proof of delivery. /r Waiver of breach of any provision of this contract shall not be deemed to be a waiver of l any other breach and shall not be construed to be a modification of the terms of thi? J! contract. The provisions herein do not limit the Principal Contractor's/Owner's right;o W legal or equitable remedies. ~ I I Page 2 of 3 7· PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTI{ACrS Miami·Dade County PHeO Page 10 (, "/I /,""1· 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 to meet its 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 for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in 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 of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Page 3 of 3 7· PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami·Dade County PHCD Page 11 NONCOLLUSION AFFIDAVIT STATE OF: \ ..... \l ..... J'-'-( ->..>.\(\.c.::' s:;,""-)",""'--______ _ COUNTY OF: t~)~\w~~~~C~A~((\~ _________ _ l.:..v,;~?-':~l~''\~('.I...,_C.:..'''''~tw,)~0:'''':(:='::'_L~~~t...:z"'--_____ ,. being first duly sworn, deposes and says that: (1) ~~~f--l-"'~~:----of -\, ,,~ c ~ Q, (2) (3) (4) (5) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; Such Bid is genuine and is not a collusion or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or confSlrefice with any other Bidder, firm or person to fix the price or prices, profit or cost elerl}ent of the Bid "price Of the \Bijd, pric~ of any other Bidder, or to secure through ad~a9!age a9 inst the ( '" k C _ ,-\ ov\Y\ (Local Public Agency) or any p sorymteres d in the pro osed Contract; and ~ ,f The price or prices quoted in the attached Bid are fair and rop, I~~d re not tainted by any collusion, conspiracy, connivance or unlawful agreem nt 9 the, art of the Bidder or any of its agents, representatives, owners, employees, 0 p roe ., interest, including this affiant. (SIG N ED) --=----.t.........,.--=--'--- My commission expires: _(_.~-'-\~~<- 8 -NONCOLLUSION AFFIDAVIT Miami-Dade County PHCO Page 12 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements in excess of $100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 2. 3. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the langya'g-e of this certification be included in the award documents for all subawards at all tiers (irye(uding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreeny{nt in excess of $100,000) and that all subrecipients shall certify and disclose aCtrdingly.!fhiS certification is a material representation of fact upon which reliance was placed er this transaetion was made or entered into. Submission of this certification is a prerequi!} te for rryakinglor entering into this transaction imposed by section 1352, title 31, U.S. Code/ Any per's~"who fails to file the required certification shall be subject to a civil penalty of nO~hanpo~~~~ and not more than $100,000 for each such failure. By: Y.. .~- Print: leI. ~_~\ -( ) c~) \ ( ,~'-\C Title: \y" 0<,~ 's' {\~" or"'"" £ Date: ('t\~:iQt)(-<\3 \-\: , 0 Business Address: ~\(\\"'y\.£\(\"J \,~(\(~(\~U'\.] (o''''<:'''0\'J ,lee ~~~ s\ '\"(\\ ~:'~>-'=1 .~ ~\ \ </kQ, '.J ,j,. ~\ j' 9 , CERfiFICATION REGARDING LOBBYING Miami·Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to 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 to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred ( back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor m - have taken. Page 1 015 10· AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 14 ! Inltlals \ To Demonstrate Compliance: Contractors must have a fite of the names, addresses, telephone numbers, and crafts of each minority and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f)) .J make copies of letters to unions and training programs requesting their cooperation in helping t7 1 contractor meet its EEO obligations. () Page 2 of 5 10· AFFIRMATIVE ACTION STANDARDS Miami·Dade County PHCO Page 15 ~f/ 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify 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, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom 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, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and tasts to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and 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 3 of 5 10 • AFFIRMATIVE ACTION STANDARDS Miami·Dade County PIICD Page 16 J / 17 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 opportunities and must have responses received and results noted on letters or in a follow- up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12, above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e) the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. Page 4 of 5 10· AfFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 17 To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, iricluding circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded or joint ventures participated in with dollar amounts; have copies of solicitations sent to minority and women's contractor associations or other business associations. 16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative action posture. Page 5 of 5 10· AFfiRMATIVE ACTION STANDARDS Miami-Dade county PileD Page 18 CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has (y) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ('/J developed a written affirmative action compliance program for each of his establishments; that he has ( ) has not O(), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Em~lo~er ID #/FID #: Full Address (including City, ST and Zip) /~ Authorized Signature: Print Name: Check one, as applicable: X Contractor Subcontractor -- Other 11 -CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS Miami-Dade County PHCD Page 19 ------------~-.-.~--.--------------------.------.--~---- OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has Y, has not _, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has lL, has not _ filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) 8. AFFIRMATIVE ACTION The bidder represents that (a) it has _ developed and has on file, has not L developed and does not have on file, at each establishment an affirmative action program as require~ py the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not~ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts fOf construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1 of3 12 -OTHER CERTIFICATIONS Miami-Dade County PHCD Page 20 ------.. -.---.--~----------- E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has n9t used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract. grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to 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 to a contract or subcontract in excess of $25,000 By Jll\bmissiqn, olan ~~.r, the bidder certifies that it has provided full disclosure in writing to C \ ~I r\\ ,}. \': '\ \Cd J"q I (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its prinCipals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. By commencing performance of the Con~act work,Jhe s{:lle~ted'contractQr certifies that it has made full disclosure in writing to\.. ,-\: J ('}\=.'\ \-,1 IL' ,\,\ (name of implementing agency) as to whether as of the time of aWard it or any of its principals is 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 shall on the ground of race, COIOf, national origin or sex be excluded from partiCipation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. -.. ;.,. Page 20f3 12 -OTHER CERTIFICATIONS Miami·Dade County PH CD Page 21 H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non·discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Agency Name: Employer 10 #/FIO #: I f\(\)~<\c".\ Qs "',\ ·w~ G h '~'> ,Ucl I clQ)<; ,),-J ";t :) Full Address (including City, ST and Zip) Authorized Signature: ----~~---I---------.---.- Print Name: ~)1,eck one, as applicable: ~ __ Contractor Subcontractor Other J Page 3 of 3 12· OTHER CERTIFICATIONS Miami-Dade County PHCD Page 22 Title: CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 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, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the 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 violations occurring in the workplace; (c) Making it a requirement that each employee to be 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, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (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 under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13 -CERTIFICATION REGARDING DRUG-FREE WORKPlACE Page 23 Miami·Dade County PIICD (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Lc\ as' S\G CoY> >5\ . :=x ~t\\u\;\ ,(\i''''''\ ) \; \. ~~.L-) I-'>.L:)\..>......:~~\ r_~~ __ _ Check 0 if there are workplaces on file that are not identified here. Agency Name: h~\( \\)(\\"\{'uA ~( \~(\,'()(\"J c'\L(J\\ l,-~ Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: L Contractor __ Subcontractor Other Page 2 of2 13 -CERTIFICATION REGARDING DRUG·FREE WORKPLACE Page 24 Miami-Dade County PHCD ASSURANCE OF COMPLIANCE (Section 3J HUD ACT of 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements, C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (reCipient), its successors and assigns. Failure to fylfllfthese requirements shall subject the (applicant) (recipient), its contractors and subcon~actors, its successors, and assigns to the sanctions specified by the (contract) (agze e tJ, and to such sanctions as are specified by 24 CFR Section 135 ( APPLICANT: [\'>-U\~( "-_ '\c. .\:,(" -," \j , \ lc,,,-- SIGNATURE:'/.,,,,-, __ .. -""""-/--,--1----- ("J-',--'-' ADDRESS: ~~)~\~)~~~~,~~~~~~=- DATE: ~). '0;)0. , I I"-~.-'--~-L\ ~-"....t---l-o""-"-l 14· ASSlIR,/\NCE OF COMPLIANCE (Section :l, HUD ACT of 19(8) Miami·Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph (a) and the availabifity of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any, of the affirmative action plan of the applicant, reCipient, contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract. a preliminary statement of work force needs (skilled, semi-skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids sh llf' advise prospective contractors of the requirements of these regulations. Page 1 of 2 15· SECTION 3 REQUIREMENTS Miami-Dade County PHCO Page 26 ,.,..-- I ilialsl 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 to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will' ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, reCipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3, please contact: Penelope Bivins, Resident Services Coordinator Public Housing and Community Development 701 NW 1 st Court, 16th Floor Miami, Florida 33136 Office: 786-469-4133 Email: Section3@miamidade.gov Page 2 of 2 15 -SECTION 3 REQUIREMENTS Miami-lJade County PHCD Page 27 III / SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall. to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that 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 labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both ·employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 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 regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions. that are filled (1) after the contractor is selected but before the contract is executed. and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent tile contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, ter~ination of this contract for default, and debarment or suspension from future HUD f /\ assisted contracts. " 16 -SECTION 3 CLAUSE Miaml·Dade county PHCO Page 28 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be itt I new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category. 'L0 3, Of these new employees, the Bidder plans to hire at least~percent (%) from the Section 3 Covered Area (Dade County, Florida). 4. The Bidder estimates that8~ percent (%) of those materials purchased for use on this project will be from business located in the Section 3 Covered Area (Dade County, Florida) I, (\'.(-&\\ \, ('x, i\z,(;.\C '1 . (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public Housing and Community Development. Agency Name: Employer 10 #/FIO #: 11\\~C\V'Q,d ~'CW(i;\;(jvv.D I , ((>{''<:"O'0,l(<- Full Address (including City, ST and Zip) Authorized Signature: Check one, as applicable: l Contractor __ Subcontractor Other 17, BIDDER'S INITIAL SECTION 3 GOALS Miami,Dade County PHCO Page 29 1 I CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS l-----~~~----" ._--,- INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at anytime the prospective lower tier participant learns that its 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 covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier partiCipant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. Page 1 of 3 18· CERTIFICATION REGARDING DEBARMENT, SUSPENSION. INEUGIBIL TY AND VOLUNTARY EXCLUSION· LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHeD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 20f3 18 . GERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBIL 1Y AND VOLUNTARY EXCLUSION" LOWER TIERED COVERED TRANSACTIONS Miami·Dacle County PHCD Page 31 -- CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER TRANSACTIONS ~--. -"-.~.~-~~----- By submission of the proposal, the prospective lower tier participant certifies, that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. . Authorized Signature: Print Name: «~eck one, as applicable: ~ Contractor __ Subcontractor Other Page 3 of 3 CERTIFICATION REGAROING DEBARMENT, SUSPENSION, INEUGIBILTY AND VOLUNTARY EXCLUSION· LOWER TIERED COVEHED TRANSACTIONS Miami-Dade County PIlCD Page 32 ------------ EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 .. ------------------~-------------------------------------.---------,,---_._-_._------ In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment. without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in 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 that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. Authorized Signature: Print Name: Check one, as applicable: ~ Contractor -__ Subcontractor Other 19 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami·Dade County PHCD Page 33 1------------------------ - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: i. recruitment, advertising, and job application procedures; ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of payor any other form of compensation and changes in compensation; iv. job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. leaves of absence, sick leave, or any other leave; vi. fringe benefits available by virtue of employment, whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U_S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office, 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 1 of3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miaml-Oade County PIlCD Page 34 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b) who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization, n 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 of the Contractor's non-compliance with the requirements of this 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 2 of 3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami· Dade County PHCD Page 35 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 10) The Contractor will notify each labor union or 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 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon 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 direct to enforce such provisions, including action for non-compliance. seney Name: Employer ID #/FID #: I ;\\}\i\(¥ v A Q~( \,Y!o~'O"6 0 6J'VO\0; I C;;LO~(}O%d'3 Full Address (including City, ST ~~-ZiP) ~--------------------------------+--r~~. Authorized Signature: Print Name: Check one, as applicable: L Contractor . Subcontractor Other Page 3 01 3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF HIE VIETNAM ERA Miami-Oade County PHCa Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS ----.. -------.----~----.. ---.---._ .. _----_ .. _._.-----... ------------ 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: x. Recruitment, advertising, and job application procedures; xi. Hiring. upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of payor any other form of compensation and changes in compensation; xiii. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; xiv. Leaves of absence. sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training. including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3) In the event of the Contractor's non-compliance with the requirements of this 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. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ 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 read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Page 1 012 21 -EQUAL OPPORTUNITY FOR WORKERS WITH OISABILITIES Miami·Dade County PHCD Page 37 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such provisions will be binding upon 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 direct to enforce such provisions, including action for non-compliance Agency Name: I f\h~-\:::: < 1 \i~ Wc\',l )vJ Q:JJr\\ l~L Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: + Contractor __ Subcontractor Other Page 2 012 21 • EQUAL OPPORTUNITY FOR WORKERS WIT II DISABILITIES Miami-Dade County PHCD Page 38 ------------------------------ NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) -----~----------------~ 60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation. expressed in percentage terms for the Contractor's aggregate workforce in all trades on all 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 (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Page 1 of,O 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 39 The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami-Dade County, Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, ifany). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. Page 2 of 10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami·Dade County PHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shari post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with a" provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as othelWise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; proyided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Page 3 of 10 22· NOTICE 01' REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami·Dada County PHCD Page 41 nit Is Il STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: 2. a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: -Black (all persons having orlgms in any of the Black African racial groups not of Hispanic origin). -Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). -Asian and Pacific Islander (all persons having origins in any of the 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 in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification) . Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female \ ~!~ft~:.tion and which is set forth in the solicitations from which this contr~ () fJ ~~ Page 4 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAl. EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDEH 11246) Miami-Dade County PHCD Page 42 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 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 upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and sp?I}' implement affirmative action steps at least as extensive as the following: 1 f Page 5 of 10 22 • NorlCE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTNE ORDER 11246) Miami·Dade County PHCD Page 43 ~/ ~~b- Inilla s a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or 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 to minority or female individual working at 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 ~rganizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. I Page 6 of 10 C 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTNE OHDER 11246) Miami-Dade County PHCO Page 44 v f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with a/l minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or antiCipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to 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 to recruit 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 n i1 obligation to do so under 41 CFR Part 60-3. J II 1fJ 1 I Page 7 of 10 22· NOTICE Of REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami·Dade County PHCO Page 45 I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatOlY effect by continually monitoring all personnel and employment related activities to ensure that theEEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to 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 circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (7) a. through (7) p. The efforts of a contractor association, joint contractor-union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under (7) a. through (7) p. of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Page 8 of 10 22" NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miaml·Dade County PHCD Page 46 fii' .als l 9. 10. 11. 12. 13. 14. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. The Contractor shall deSignate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, 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. Record{ shall be maintained in an easily understandable and retrievable form; howevet~ to the degree that existing records satisfy this requirement, contractors shall npt be required to maintain separate records. V' f ' Page 9 of 10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPOHTUNITY (EXECUTIVE OHDEH 11246) Miam~Dade County PHCD Page 47 --In lals 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 10 of 10 22 • NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE OHDEH 11246) Miami·Dade County PHCD Page 48 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 of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker'S representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of 2 23· EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami·Dade County PHCD Page 49 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a me;p!1S f enforcing such provisions including sanctions for noncompliance. Pr¢f~e (ho ever, that in the event the contract becomes involved in, or threat~n2d wi1h litiga 'on with a subcontractor or vendor as a result of such direction by the;;:~~n!(a ting geney, the contractor may request the United States to enter into suc ~ati n to protect the interests of the United States. By: Print: Title: \ ~~~~~~~~~------------------ Date: '~~~,-~1d(1 \ ') \ \ Business Address: .. 'S\:.,.<:; S\c'{n", (,' ,«~ .. \l~ \\')0" ,," C\ 1 '~ch';, ~I Page 2 of? 23 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; 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 perform liCle of the Contract work, the selected contractor certifies to the Nonsegre ate,tI Facilities provisions above. 'I / Note: The penalty for f'a~ g f Ise statements in offers is prescribed in 18 U.S.C. 1001 /! By: r-' .~. c------.. -.-- printJ· ~~~~(~~~~~~-------------- Title: \\:~('(\<.\\'( --\C\'\I'-.\LC \ .)\ S Date: ~~((':1< :\'?) Business Addre~: :'_5.J..l\"",'dt;;...\-.l··-_-","",,,",~~=~,,=,--.w....:>-"'-- .\ Page 51 24· CERTIFICATION OF NONSEGREGATED FACILITIES _____ Mia!!1.i:Oade County PHCD _ _ .___ .. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR I CERTIFICATION OF NON SEGREGATED FACILITIES _._ ........ _-.-,,-------_ ......... ---_ .. __ .",--._- A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause_ The certification may be submitted either for each subcontract or for all subcontracts during a period (Le., quarterly, semiannually, annually)_ Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Full Address (including City, 5T and Zip) Authorized Signature: Print Name: Check one, as applicable: ~ Contractor __ Subcontractor Other Employer 10 #/FIO #: 25· NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County PHCD Page 52 -.. NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION -'~---"'-----------------"----"'--'-----------'--.. - This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act. as amended. 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto. at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $100.000. agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has 00. has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act. as amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution Control Act. as amended, (33 USC 1318) relating to inspection. monitoring. entry. reports. and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract. prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be inclUde21the riteria,lnd requirements in paragraph 1 through 4 of this section in every nonexemp sub-c ntract and that the Contractor will take such action as the Governm nt I a direct as a means of enforCing such provisions. Ilu:cc\ V"j \~c ~';{\ -z: (~./ il / Name of Bidder / / V_,--- ~.~/~L--"··· Date \ \ 26 -NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION Miami-Dade County PHCD Page 53 --------~ •• ¥ •• ~.--•• ---'"---------.------- CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office f-~he Environmental Protection Agency. Signature Date \ \ 27 -CERTIFICATION OF COMPLIANCE WITH FEDERALHEGUlAfiONS Miami-Dade County PHCD Page 54 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS _______________ .. ___ ... __ . ___ ~(_DI_R_E_CT RECIP_IE_N_T'-.> __ As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67. Section 67.510- 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is un~lefu certify to any of the statements in this certifiCati:n, he ar shiall Mach ah explanatian ta this applicatian. L\ U\\'~) C~~) f\'Z Name of Bidder Date 28 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBIlITY MAnERS (DIRECT RECIPIENT) Page 55 Miami·Dade County PHCD SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to C<~ d l.~ S. ~~ IC' 1'\"-~ by ~(,\ 1...(,-'\<.. J C ~-( VyC(,,~Z -\ ~\:._\,\:\\:.; y\ 'e-1 C\i~· .... ~f ,) '" (Print individua~s name and title) ,---.J For 1\\'0:1\(<'<\ Ck.o~;s l','-'l (1"" 0-" i lli . (Print name of entity submitting sworn statement) whose business address'~ :::-'\l~' f.;'.1", 1~ \10."" 1",\ ~\ -:J;j <i '3'1 and if applicable its Federal Employer Identification Number (FEIN) I~}"C)J~;),?J If the entity has not FEI N, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133(1 )(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and 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, means a finding of guilt or a conviction of a 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, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 1 013 29· PUBLICENTITlY CRIMES AFFIDAVIT Miami.Dade County PHeO Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors. executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 013 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VAllO THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQU~E~TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN E~CESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDwSTAT ;fES F R A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINE V1N--rlHI FORM. ! ,/ Sworn to and subscribed before me this ......;[}c=-.;=--__ day of QUjLl')t· Personally known ___________________________ _ ---.~.~~~.----... Or produced identification _____ '--__ _ Notary PUblic-State of --'-....r:.r-'-'-'-"-"-''--- My commission expi res_C_i'-l' r->c,-+>-,-,""",,-,--- (Type of identification) ( .~ ___ (Printed, typed or st~rr~ ommissioned \(Ay\ry\Yc., \. ' Ct-\'L Page 30f3 name of notary public) tV'V\"''''....,,\!'''''"'''''' o'~-,v PV~1> Notary Public State ot Florida ! ~ . Tamara lO,1iz % c.;. .'. i My COrnml&9lon ~g023581 ')-0, "lj t:!xplrcs 09/09/2014 ~,,~ 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami·Dade County PHCD Page 58 CITY OF SOUTH MIAMI ATTACHMENT B To BID PACKAGE RFP #PR20 13-08 "BOUNDARY SURVEY FOR MARSHALL WILLIAMSON PARK" • j . ~ A 1/' lS& II; Ii I ii ...... .!.. .-t· lJ: . __ .. , _ .. _1 .. _ . IliUT ! 1111·1 I~ u "lh g ~pd' ,0'1 i' J r. ~1 Ill" l!j;.i! . . f . 'Ilith .. ' 'g~ .I~ li~!11 iU I ' . il: I I Il ,9 I ~t • ~!!' . ~~ \~~ f. I .,l.- \ '\ '\ ... .. .. til, :'-=.':1 . ,. .. , :!l .. I.~,.'J, Advanced Recreational Concepts, llC Melbourne, FL 32934 Toll Free -1-866-957-2355/Toll Free Fax -1-866-957-2356 Prepared For City Clerk Organization City of South Miami -City Hall 6130 Sunset Dr. Proposal Date Quotation It Prepared By 8/28/2013 14014 Allen Cooke -ZK Customer Phone Customer Fax South Miami, FL 33143 Payment Terms Net 30 Prices Valid Until 9/27/2013 Project Name RFP ItPR2013-08 County Miami Dade Ship To Marshall Williamson Park 6125 SW 68th St. South Miami, FL 33143 Product 10 Description Removal and Removal and Disposal of Playground Equipment, Rubber Mulch, EPDM Disposal and Correlating Concrete -PRICING INCLUDES ORANGE FENCING AROUND SITE -CONCRETE CURBING TO REMAIN AS BORDER SYSTEM 5-12 PLAY STRUCTURES B6600A Playcraft Systems Custom Round 3.5" Hybrid Play System PC-2475 Playcraft Systems Stand N Spin 2-5 PLAY STRUCTURES 41F3DA Playcraft Systems Custom Round 3.5" Play System Freight Freight Charges THIS IS AN ESTIMATE ONLY. Due to the volatile nature of the transportation industry, freight charges may be re-quoted at the time of order. Installation Installation of Above Noted Play Structures Filter Fabric Supply, Delivery and Installation of Filter Fabric to Cover an Area of 4850 sq. ft. Wood Mulch Supply, Delivery and Installation of ADA Wood Mulch to Cover an Area of 245 cu. yds. at a Depth of 12" Plans Florida Signed and Sealed Playground Drawings Qty 1 1 1 1 1 1 1 1 1 Price 8,500.00 27,257.00 1,185.00 13,133.00 4,725.00 16,000.00 1,942.50 13,475.00 500.00 Subtotal Sales Tax (0.0%) Total Total 8,500.00 27,257.00T 1,185.00T 13,133.00T 4,725.00 O.OOT 16,000.00T 1,942.50T 13,475.00T 500.00T Signature ______ _ Print Name/Title _______ _ Date ___ _ P.O.u __ _ Upon acceptance of this proposal please sign abo~~g~~d initial the 'ARC Site Preparation Check list' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. Advanced Recreational Concepts, llC Melbourne, Fl 32934 Toll Free -1-866-957-2355/Toll Free Fax· 1-866-957-2356 Proposal Prepared For City Clerk Date 8/28/2013 Quotation # 14014 Organization City of South Miami -City Hall 6130 Sunset Dr. Prepared By Allen Cooke -ZK South Miami, FL 33143 Payment Terms Net 30 Customer Phone Customer Fax Prices Valid Until 9/27/2013 Project Name RFP #PR2013-08 County Miami Dade Ship To Marshall Williamson Park 6125 SW 68th St. South Miami, FL 33143 Product ID Description Permit Permitting and administration -Note that this includes submission of documentation either specified and included in this proposal, such as engineered drawings or provided by the owner -should any additional testings or documentation be required -such as soil bearings, site drawings or surveys and so forth, costs associated with them will be the responsibility of the owner. PERMIT FEES TO BE WAIVED BY CITY DISCOUNT DISCOUNT ON ENTIRE PROPOSAL Bond 100% Payment and Performance Bond -$80,550.00 Contract Value Qty 1 1 1 Price 250.00 -6,417.50 2,450.00 Subtotal Sales Tax (0.0%) Total Signature Print Name/Title _________ _ Oate ____ _ P.O. # Total 250.00 -6,417.50T 2,450.00T $83,000.00 $0.00 $83,000.00 Upon acceptance of this proposal please sign abo~~ ~~d initial the 'ARC Site Preparation Check list' and the 'ARC General Terms and Conditions' exhibit~ attached. Please return initialed copies to ARC. CUSTOM ROUND-3.5 HYBRID MODULAR PLAYSYSTEM wI Aluminum Posts Top View Estimated Child Capacity: 29-35 Poly Double Slide I I I I 6" Grip I 19B III 3 Climber I e I I .... 0 B 0 f) ABC Panel ~'::>lure.......- Arch i Bridge "' ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE: THIS DESIGN WILL MEET ADAAG ANO ASTM F 1487-10 ReOUIREMENTS FOR ACCESS WITH THE ADDITION OF 0 GROUND lEvEL EVENTS (0 TYPES) WHEN PROPERLY INSTALLED OVER ACCESSIBLE SURFACING SEE SITE PLAN FOR ADDITIONAL GROUND lEVEL EVENTS ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 6 613 010 312 312 I ~ 0" S~uare Canopy Shade Quarter Turn Slide FOR KIDS AGES 2-5 Palm ~Transfer Bell Panel Tree Panel ' Pal Topper Station GENERAL NOTES: • IT IS KRAUSS CRAFT. INC.'S OPINION THAT THE PROOUCT{S; SHOWN IN THIS PROPOSAL MEET OR EXCEED THE DESIGN AND SAFETY GUIDELINES FOUND IN THE ASTM F1487 A.NO USCPSC PUBUCAilONS FOR PLAYGROUND EQUJPME:NT D~SIGNl:.D FOR PUEL.IC USE. • THIS CONCEPTUAL PLAN IS BASED ON INFORMATION PROVIDED TO us PRIOR TO CONSTRUCTION. DETAILE.D SITE INFORMATION, INCLUDING THE FOLLOWIJ'I.'G. SHOULD BE OBTAINED. EVALUATED, AND UTiLIZED IN THE FINAL PROJECT DESIGN. EXACT SITE DIMENSIONS. ToPOGRAPi'-Y. EXISTING UTILITIES. SOIL CONDITIONS AND DRAINAGE SOLUTIONS. • WARNING: ACCESSIBLE SAFETY SURFACING MATERIAL IS REQUIRED BENEATH AND AROUND THIS EQUIPMENT THAT HAS A CRITICAL HEIGHT VALUE {FALL HEIGHT} APPROPRIATE FOR THE. HIGHEST ACCESSIBLE PART OF THIS EQUIPMENT. REFER TO THE CPSC'S HANDBOOK i=OR PUBLIC PLAYGROUND SAFETY, SECTiON 4' SURFACING PR#: 41F3DA Date: 08/26/13 Drawn By: AMS MARSHALL WILLIAMSON PARK 2-5 Advanced Recreational Concepts Dimensions: 11' x 15' Min. Use Zone: 33' x 27' Scale: 1/4" = 1'-0" ar!llC.RJsl! _<""«I by Krauss Cran. "'" WW\v.~yaaftsys&ems.com CUSTOM ROUND·3.5 HYBRID MODULAR PLAYSYSTEM wI Aluminum Posts Site Plan (Preliminary) Estimated Child Capacity: 38-44 ADA ACCESSIBILITY GUIDELINE ·ADAAG CONFORMANCE: THIS DESIGN WILL MEET ADAAG AND ASTM F 1487·10 REOUlREMENTS FOR ACCESS WITH THE ADDITION OF 0 GROUND lEVEL EVENTS (0 TYPES) WHEN PROPERLY INSTALLED OVER ACCESSIBLE SURFACING ELEVATED ACCESSII3LE RAMP ACCESSIBLE GROUND TYPES 610 010 412 3/2 j--------33'-0"--------l GEN ERAJ.. NOTES: 10'-6" ~ I II 14'-0" .J /' / I 1 6FT MINIMUM USE ZONE \ I /' / 6FT MINIMUM SLIDE ZONE "-'--~ \. ~ "- \ ~~ --- \ Li' o==-~---'#-II 29'-9" f-. -------32'-S"--------l THE SITE PLAN SHOWN IS BASED ON MEASUREMENTS THAT WERE PROVIDED TO KRAUSS CRAFT. !NC. AT THE TIME OF THE PROPOSAl.. REQUEST. ALL DIMENSIONS MUST BE VERIFIED PRIOR TaTHE SUBMISSION OF A PURCHASE ORDER. KRAUSS CRAFT. INC. WILL NOT BE RESPONSIBLE FOR ANY DISCREPANCIES BETWEEN ACTUAL DIMENSIONS AND DIMENSIONS SUBMITTED ON A PROPOSAL REauEST. THE MINIMUM USE ZONE FOR THE PLAY STRUCTURE IS BASED ON THE PROOUCT DESIGN AT THE TIME OF THE PROPOSAL. COMPONENTS AND STRUCTURE DESIGN MAY BE SUBJECT TO CHANGE WHICH MAY AFFECT DIMENSIONS. THEREFORE. BEFORE PREPARING SITE. WE STRONGLY RECOMMEND OBTAINING FINAL DRAWINGS FROM THE FACTORY (AVAILABLE AFTER THE ORDER IS Pt.ACEDAND INCLUDED IN THE ASSEMBLY MANUAL). WARNING: ACCESSIBLE SAFETY SURFACING MATERIAL IS REQUIRED BENEATH AND AROUND THIS EQUIPMENT THAT HAS A CRITICAL HEIGHT VALUE (FALL HEIGHT) APPROPRIATE FOR THE HIGHEsT ACCESSIBLE PART OF THIS EQUIPMENT. REFER TO THe CPSC'S HANDBOOK FOR PUBLIC PLAYGROUND SAFETY, seCTION 4; SURFACING. PR#: 41F3DA Date: 08/26/13 Drawn By: AMS MARSHALL WILLIAMSON PARK 2-5 Advanced Recreational Concepts Scale: 3/32" = 1'-0" .lite.lll I.bnuf."",cd by K<a= Cr:o/t. Inc. www·pif.r;y;:r·r5U:rrs.<..offl CUSTOM ROUND-3.5 HYBRID MODULAR PLAYSYSTEM wI Aluminum Posts Front Perspective PR#: 41F3DA Date: 08/26/13 Drawn By: AMS _r.,;. MARSHALL WILLIAMSON PARK 2-5 Advanced Recreational Concepts 4- •'." PLAYC IA FT 123 NORTH VALLEY DRIVE '<t., ,'if)' GRANTS PASS, OR 97526 , PH: 541-955-9199 .' FAX: 541-955-6130 , S v S T EMS www.playcraftsystems.com CUSTOM ROUND-3.5 HYBRID MODULAR PLA YSYSTEM wI Aluminum Posts Back Perspective PR#: 41F3DA Date: 08/26/13 Drawn By: AMS -~ ;...: MARSHALL WILLIAMSON PARK 2-5 Advanced Recreational Concepts ~" •~'. PLAYCRAFT 123NORTHVALLEYDRIVE . "~.~i.'" if' GRANTS PASS. OR 97526 PH: 541-955-9199 ~. FAX: 541-955-6130 ~ . s v S T EMS www.playcraftsystems.com CUSTOM ROUND-3.5 HYBRID MODULAR PLA YSYSTEM wI Aluminum Posts Top View Estimated Child Capacity: 65-71 Accelerator Arch Twist Climber Slidebd ',,1'-=\ Il ..b Poly Double Wave Slide ADA ACCESSIBILITY GUIDELINE. ADAAG CONFORMANCE: THIS DESIGN WILL MEET ADAAG AND ASTM F 1487~'G REQUIREMeNTS FOR ACCESS WITH THE ADDITION OF 0 GROUND LEVEL EVENTS (O TYPES) WHEN PROPERLY INSTAlLED OVER ACCESSIBLE SURFACING. see SITE PlAN FOR ADDITIONAL GROUND LEVEL EVENTS ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES ~ 814 010 613 313 Launch Pad 24·St~ii~: H ~ J~ 1{ ~~:ri~li~:~~ cr ~ GENERAL NOTES: Ladder Climber 48>1 Spiral Climber Arch Bridge Transfer Station Launch Pad • 11 IS KRAUSS CRAFT. INC'S OPINION THAT THE PI-{ODUCT(S} SHOWN IN THIS PROPOSAL MEET OR EXCEED THE DESIGN AND SAFETY GUlOELlNES FOUNO IN THE ASTM F1487 AND USCPSC PUBLICATIONS FOR PLAyGROUND EQUIPMENT DESIGNED I-OH PUtiuC us!:.. • ("HIS COf\'CE.P rUAL PLf\.N IS eASED ON INFORf!,.1ATION PROVIDED TO us PRIOR TO CONSTRUCTION. DETAilED SITE INFORMATION. INCLUDING THE FOLLOWING. SHOULD BE OBTAINED. EVALuATED. AND UnLIZED IN THE FiNAl PROJECT DESIGN' eXACT SiTt:. DIMeNSIONS. TOPOGRAPHY. CXISTING uTILITIES. SOIL CONDITIONS AND DRAINAGE SOLUTIONS. • WARNING: ACCt;:SSlBU:;. SAl-I:;. TY SURFAClNG MATERIAL IS REOUIRED 6ENEATHAND AROUND THIS EQUIPMENT THAT HAS A CRITICAL rlEIGHT VALUE (FALL HEIGHT) APPROPRIATE FOR THE HIGHEST ACCESSI8~ PART OF THIS EQUIPMENT kLl-~R rOTH:" CPSC'S HANOSOOK FOR PUBLIC PLAYGROUND SAFETY. SECTION 4: SURFACING PR#: 86600A Date: 08/26/13 Drawn By: AMS MARSHALL WILLIAMSON PARK 5-12 Advanced Recreational Concepts Dimensions: 23' x 25' Min. Use Zone: 55' x 37' Scale: 3/16" = 1 '-0" .rl!LC.8J.,ll Mccnutactured by Krauss Craft, Inc.: 1NW\v.»~systems.com . ADA ACCESSIBILITY GUIDELINE -ADAAG CONFORMANCE: CUSTOM ROUND-3.5 HYBRID MODULAR PLAYSYSTEM wI Aluminum Posts Site Plan (Preliminary) TH!S DESIGN Will MEET ADAAG AND ASTM F 1487-10 REQUIREMENTS FOR ACCESS VVlTH THE ADDITION OF a GROUND lEVEL EVENTS (0 TYPES) WHEN PROPER!. Y INSTALLED OVER ACCESSIBLE SURFACING ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 814 010 6/3 3/3 GENEHAL NOl ES f------------48'-O"-------------l I / ---/' ._---1 ./ / L~I::UM f'f'~l=:;==iI SLIDE ZONE '" '-, " '\ '- '\. " \ .....---..... ......... ./ ,,-\ \ ~------- I,..----6 IT --------...... /' " ~ MINIMUM Y '\ SLIDE \ ZONE ~ 1 6 FT MINIMUM / PC 2475 '\ \ I STAND-N-SPIN \ '\. ./' USE / ____ .r---'-ZONE./ --I ® \ '- \ 6 fT / \ MINIMUM I '\. USE /' ___ ~N.s !--------------54'-10"---------------l 22'-0' ~ 36'-10' 24'-6" !Hi;. SII t;. PI..AN SHOWN IS ~Si:.D ON ME.A.SURt::MI:.N1S IHAI WE.KI;:. PHOV1DE,D rOKkAUSS CKAI-T.1NC. Af THE TIME OF THE PROPOSALREQUESl ALL DIMt;;:NSIONS MUST 6EVER1FIED PR.IOR. TO lHI;;; SUSMISSIONOf APUHCt-lASE OI"mEr: KRAUSS CHAI-";. INC WILL NOT Be. RCSPONSlBlt FOR ANY DISCRCPANCICS BeTWeeN ACTUAL DIMeNSIONS AND DIMeNSIONS SUBMITTeD ON A PROPOSAL RCQueST. j HI:. MINIMUM uSLL.ONI:. I--OK lHI;. PLAY SIKUCiUKl:.lS ~Sl;;.U ON I HI;;, PKOI)UCI J.)b.SIGN AI I HI;;, 11M!;;. 01'-iHl:.l-'HOI-'OSAL COMI-'ONt:.NI$ ANU SlKUCI UKt:. UI;$IGN MAY tit:. SUt;Jt:.Cl IOCHANGt;. WHICH MAY Arb-t.el !)JMI:.NSIONS. !HI;.K!::.I-OKt:.. BEFORE PREPARING S!TE. WE STRONGLY rtECOMMEND OI:)TAINING HNAL DRAWINGS I-HOM THE .... ACTORY (AVAILABLE AFTER THE ORDER IS PLACED AND INCLUOED IN THE ASSEMtiLY MANUAL) WARNING: ACC!;:;.SSa:SL!::. SAI-t:; I Y SUH!-ACING MA I t:.H!AUS HI:.QUII"":l::lJ !:I!::.NI:A 1 H ANU AKOUNU J HIS I;:QUII"'Mt:.NI I~.A I HAS A CKIIICAL Ht:.lGH I VALUI:. (I--AJ..J.. HI;:IGH I) AP!-IKOPKIAIl:. rOK J HI;: HIGHI;.S I ACCI;.SS!~I..t;:;.!"'AH I or-! HIS i:.QU1PMI;.N I KC.r-:c..R fO fHe. CPSC'S HANDBOOK I=OR PUBLIC PlAYGROUND SAFeTY. seCTION 4. SURFACING. PR#: B6600A Date: 08/26/13 Drawn By: AMS MARSHALL WILLIAMSON PARK 5-12 Advanced Recreational Concepts Scale: 3/32" = 1 '-0" ~rjly.lRJ!ll """,", __ od by "'= Cr.oft, Inc·1 W\vw.fIl-y~·~Ib)'~~)·~.Wtn 1 CUSTOM ROUND-3.5 HYBRID MODULAR PLAYSYSTEM wI Aluminum Posts Front Perspective PR#: B6600A Date: 08/26/13 Drawn By: AMS MARSHALL WILLIAMSON PARK 5-12 Advanced Recreational Concepts iii· .. · .. · .' PLAYCRAFT 123 NORTH VALLEY DRIVE ....... GRANTS PASS, OR 97526 . PH: 541·955·9199 'j' FAX: 541·955-6130 . . S Y S T EMS www.playcraflsystems.com CUSTOM ROUND-3.5 HYBRID MODULAR PLA YSYSTEM wI Aluminum Posts Back Perspective \f_~ PR#: B6600A Date: 08/26113 Drawn By: AMS MARSHALL WILLIAMSON PARK 5-12 Advanced Recreational Concepts •.....•. .. PLAYCRAFT 123 NORTH VALLEY DRIVE /.,. GRANTS PASS. OR 97526 PH: 541-955-9199 .• v FAX: 541-955-6130 . . S Y S T EMS www.playcraftsystems.com KRAUSS CRAFT. INC. Manufacturer of PLAYCRAFT SYSTEMS January 5, 2011 Re: Krauss Craft, Inc. ISO, IPEMA, CPSIA, Safety and Accessibility Compliance Dear Customer: Krauss Craft, Inc., manufacturer of Playcraft Systems commercial playground equipment, is pleased to announce that we are in full compliance with the applicable requirements of the Consumer Products Safety Improvement Act of 2008 (CPSIA). A certificate of conformity will be included with each play structure we manufacture. In addition, our products meet or exceed the design and safety guidelines found in the ASTM F1487-07 and USCPSC publications for playground equipment designed for public use. Krauss Craft, Inc. is a member of the International Play Equipment Manufacturers Association (IPEMA), a member-driven organization whose mission is to assist in providing safe environments for children's play and we manufacture IPEMA certified products. We have a ISO Compliant Quality Management System for 9001 and 14001 (see attached content summary for our QMS) and we back our products with one of the most comprehensive warranties in the industry. We also offer a wide range of accessible equipment designed to meet the latest guidelines developed by the Federal Access Board, the Architectural and Transportation Barriers Compliance Board, and those specified in the Americans with Disabilities Act regarding playground equipment. If you should have any questions or need any further information, please do not hesitate to call. Sincerely, C.J. Schatza, Controller .\ EXPANDING THE WORLD OF PLAY 123 North Valley Drive • Grants Pass, OR 97526 1·800-333·8519 • Phone: (541) 955·9199 • Fox: (541) 955-6130 info@krausscraftinc.com • www.krausscrahinc.com Playcraft Playground Equipment is designed and built with confidence and backed by a Warranty that reflects the superior quality of our products! ... ' Extra Thick Powder Coatings Playcraft Playground Equipment is designed and built with confidence. We double coat all steel and aluminum components for an average coating thickness of 11 mils, ensuring a long lasting lustrous finish that will stand the test of time and play in the most demanding environments. State-of-the-Art King-ClampTM System Our patented King-ClampTM mounting and clamping system utilizes super-strong precision die-cast aluminum components and reduces or eliminates clamp stacking by allowing the attachment of multiple components on a single collar. Advanced Plastic Components Color-compounded resins and manufacturing expertise ensure greater strength and durability, superior color-fastness and V.V. resistance in all of our rotationally molded plastic products and components. Stainless Steel Hardware Krauss Craft offers one of the largest and most innovative selections of custom hardware and backs up every last stainless-steel bolt with a lifetime warranty! Heavy-duty, Perforated Steel Decks Our state-of-the-art perforated steel decks are the best in the industry! Featuring a sturdy design with an extra thick slip-resistant and resilient Play-TuffrM coating, our decks stand the test of time and play, Precision Die-Cast Aluminum Components \~.";'--~!}~"'I We use more precision die-cast aluminum components in our playground equipment than anyone in the industry. Die-cast aluminum components offer a combination of versatility, strength and durability for years of trouble-free play. All aluminum • /' components receive the same high quality finish as described below. Superior Fit & Finish lI_dl~II' Our steel components are precision welded, hand-cleaned, sandblasted, phosphate 2 washed and sealed thoroughly in a multi-stage bath, then powder-coated using our t .J exclusive two-coat process. 'rhis yields an average powder-coat thickness of II mils tl and gives our steel components a lustrous beautiful sheen and a highly durable finish. Color ScneW\es Choosing the right colors for your play system is an important step and our highly trained Playcraft Representatives are always available to help you make the right choice. Choose from any of our popular color schemes shown here. create your own by choosing from our standard colors or contact your local Playcraft Representative for assistance. Yellow Primary Ii Roto-Molded PlasticeJ Posts ill HOPE -Panel Face • Collars/Clamps • HOPE -Core/Accent. Steel Walls/Rails • HOPE Walls • Decks Nature Rota-Molded Plastic • Posts HOPE -Panel Face Ii Collars/Clamps HDPE -Core/Accent Steel Walls/Hails HOPE Walls Decks Contemporary Rota-Molded Plastic C,:j) Posts HDPE -Panel Face. Collars/Clamps • HDPE -Core/Accent. Steel Walls/Rails • HDPE Walls • Decks Sporty • Rota-Molded Plastic • Posts C:i.} HOPE· Panel Face Collars/Clamps ~ HDPE -Core/Accent Steel Walls/Rails HDPE Walls Decks Red Primary • Rota-Molded Plastic Posts • HDPE -Panel Face Collars/Clamps ~fl HDPE -Core/Accent ,;\;i Steel Walls/Rails HDPE Walls • Decks Earth Rota-Molded Plastic Posts HOPE -Panel Face Collars/Clamps HDPE -Core/Accent il Steel Walls/Rails HOPE Walls • Decks Jester • Rota-Molded Plaslic Posts HOPE· Panel Face Collars/Clamps HOPE -Core/Accent Steel Walls/Rails HDPE Walls Decks Festive • Rota-Molded Plastic • Posts • HOPE -Panel Face Collars/Clamps • HDPE -Core/Accent Steel Walls/Hails Ol, HDPE Walls Decks Blue Primary • Hoto-Molded Plastic • Posls • HDPE -Panel Face • Collars/Clamps ~. HOPE -Core/Accent. Steel Walls/Rails • HDPE Walls • Decks Forest Hoto-Molded Plastic Posts HOPE -Panel Face • Collars/Clamps HOPE -Core/Accent. Steel Walls/Rails • HOPE Walls • Decks Patriotic ~ Rota·Molded Plastic Posts @ HDPE -Panel Face • Collars/Clamps • HOPE -Core/Accent. Steel Walls/Rails • HDPE Walls • Decks Oceanside Rota·Molded Plastic Posts HDPE . Panel Face Collars/Clamps ~ HDPE -Core/Accent " Steel Walls/Rails o HDPE Walls • Decks Colors Colors are an integral part of any playground environment. Good use of color can inspire the imagination, encourage vigorous play, and set the tone for interaction and socialization. From our rich, glossy powder-coat finishes, to our vibrant and durable plastics and Play-Tuff 1M coatings, it is our manufacturing expertise blended with the highest quality colorants and materials that make our products the finest in the industry. Powder Coatings Steel Posts, Rails, Wall Barriers, Climbers, Traverses, etc. All Playcraft steel components go through an extensive multi-stage powder-coating process that yields a highly durable and lasting protective finish. Black • Safe, lead-free coating • Extremely durable, weather-proof finish • Enhanced impact and corrosion resistance • Rich, glossy finish • Extra thick coatings (avg. thickness: 11 mils) • Custom colors available for an upcharge Roto-Molded Plastics Slides, Roofs, Erector Rocks 1M, Lily Pads, etc. Like a good jelly bean, our colors go all the way through! Playcraft slides, panels, roofs, and other plastic components are molded using hot-blended color compounded resins that stay bright and colorful even after years of wear. • Hot-blended color compounded resins guarantee vibrant, uniform colors • Made from specially formulated plastics designed to withstand harsh ultraviolet exposure for superior fade resistance • Thicker walls ensure superior impact-resistance • Surfaces never too hot or too cold to the touch • Custom colors available for an upcharge HDPE Sheet Plastics Activity Panels, Panel Pals™, Round-3.5 Wall Barriers, etc. Our hot-extruded high density polyethylene sheet plastic is available in solid and layered colors for one or two-color component design opportunities. • Extremely durable and colorful • Impact and vandal resistant • Ideal for personalized or custom projects Available layered colors: Blue·While·Blue Red·While·Red Black·White·Black Tan·Blue· Tan Tan·Red·Tan Tan·Green· Tan Tan-Brawn-Tan NEW' Yellow·Red· Yellow Red· Yellow·Red Yellow·Blue· Yellow Net Cable Colors Blue-Yellow·Blue Yellow·Black· Yellow Gray-Black-Gray Green·Tan·Green Playcraft Net Cables are made from tightly woven, nylon-wrapped, multi-strand galvanized steel cable. These high density. abrasion resistant cables are specifically made for playground use. Net Cable Connector Colors Available in Red and Black. Additional colors may be special ordered. Call to check for availability. IMPORTANT: The colors shown are for illustration purposes only. Actual colors may vary. Contact your Playcraft Rep for accurate color samples. White Gray Sand (Granite) T an Brown Blue Tan Solid Blue Layered HOPE Colors HOPE Colors Play-Tuff"'"M CoatiVl.9S Decks, Steps, Bridges, Bench and Table Tops, etc. Krauss Craft uses an in-house state-of-the-art Play-Tuff™ (plastisol) coating process that offers unmatched protection for our perforated steel decks, steps, and select steel components. Play-Tuff™ standard colors are Blue, Red, Green, Brown and Tan. • Specially formulated textured coating for superior resilience and slip-resistance • Extra thick, durable coating (80-100 mils) • Provides a protective cushion that protects small hands and feet TnerW\op(astic CoatiVl.9S Climber and Erector Rock™ Grips and Decks Our Thermoplastic Polyethylene coating is a environmentally responsible alternative to PVC coatings. ThermoplastiC standard colors are Blue, Green, Red and Brown. Thermoplastic Deck coating available in Brown only. SwiVl.9 Seat Colors Belt and Bucket Seats • Slash Proof Seats are constructed from durable elastomer and come in Black, Red, Blue, Green, Yellow Rota-molded Plastic Tire • Available in Red, Blue, Green and Yellow Rota-molded Inclusive Swing Seat • Available in all rota-molded plastic colors ViVl.yl CnaiVl. CoatiVl.9 Colors Swing Chains • Blue, Green and Yellow coated chains are only available at specific lengths and not available by the foot • Brown coated chain is available at any length and is sold by the foot (12" increments) Activity Chains (Climb Wall, Web Climber, etc.) • Available in Brown only Snade CaVl.0py Fabric Colors Our ultra-tough fabrics come in a wide variety of colors and provide superior protection from harmful ultra-violet rays. Shade Cover UVR Block Red 95% 91% Blue 96% 99% IMPORTANT: The colors shown are for illustration purposes only. Actual colors may vary. Contact your Playcraft Rep for accurate color samples. Green 97% 97% Yellow 95% 93% Brown Tan 97% 95% Green Gray 97% 97% Qualifications of designing the play structure: ,\dvallccc! Recreational Conccpts 3125 Skyway Circle V Melbourne. fL 32934 Toll Free: 866-957-2355 VI Fax: 866-957-2356 www.ARCFlorlda.com For over 20 years, Krauss Craft, Inc. manufacturer of Playcraft Systems has strived to produce the finest playground equipment in the industry. Our design team is led by NPSI certified playground designers who are we" versed in the latest playground trends, safety standards, and accessibility guidelines. Advanced Recreational Concepts has been providing playground and park solutions for over six years now and has worked closely with the private and public sector to provide quality play systems at a reasonable price with quality installation and customer service. Our installers and design team are also led by NPSI certified team members. We take the ideas of our customers and turn them into an ideal playground for kids to visit for many years to come. Philosophy of play: At Advanced Recreational Concepts, with the help of Krauss Craft, Inc., we believe in providing the highest quality playground equipment possible. Our designs incorporate features intended to fuel the imagination, encourage cooperative and social play, develop motor skills and coordination, and, most importantly, provide hours of fun! We know the importance of encouraging exercise, health, and fitness for our children and our designs blend recreational play with physically challenging activities. Experience with similar projects: Advanced Recreational Concepts has helped develop turnkey playground solutions for many public and private entities on large and small scales. We have developed and installed five playgrounds for Broward County Public Schools that have utilized playgrounds built for 2-5 and 5-12 year old age groups with a rubberized poured in place safety surfacing. We have also worked with our local counties (Brevard) parks and recreation division as well as the school board and have become the preferred vendor for turnkey playgrounds. Between the two we have developed and installed over twenty playgrounds that met their specific needs and situations. We are also the preferred playground vendor for Duval County Public Schools, Osceola County Parks and Recreation and have worked with the City of Miami (more than 30 projects in the past 9 years), City of Miramar (5 projects in the last 2 years), Miami Dade County Parks and Recreation, City of Fort Lauderdale, City of North Port, Manatee County Parks and Recreation, City of Sarasota, City of Deland, Orange County Parks and Recreation etc. We have designed and installed turnkey playgrounds that have ranged from $10,000 to $350,000 with the end user in total control of what they wanted and needed. I •• ,:-,.! II, ., I ", Ij Iii If',: 1'.11.1 .:'1 .. ,1, Jl~~ <S"'('E-lt I.:tn.N ~ YAtt-cllJJm 'L !·1'dH ~'I '1.1t: :i(f~ .. I)S), ~J~.:. '" ';.11., :,Hi(t·iJ'j7, ~3~w{. '''''!~H •• \I!(f''jlldl 1:,)((; Why Playcraft Systems Specifications are the best in the industry ... • Powder coating thickness averages 11 mils and is applied to hot parts in a two coat process with the parts re-heated between coats. Parts are sand blasted and thoroughly cleaned prior to coating. • Our deck bracing is 3" deep. Many competitors use bracing that is 21/ thick. The bracing is much like floor joists and gives our decks superior strength. • Our deck coatings average 120 mils thick, providing long lasting durability. • We use 12 gauge steel for our 1.31S" steel tubing. Most of our competitors use 14 gauge steel at that diameter. • We are almost completely self-contained, unlike many of our competitors, and manufacture our own decks and plastic components. • We have a comprehensive warranty which is not pro-rated. Full replacement is provided for the entire length of the contract period. • Our clamping system allows the attachment of multiple components on a single collar, greatly reducing "clamp stacking". • Hot-Color Compounded Plastic Resins for superior color-fastness, U.V. Stability and Strength. • Self-sealing aluminum die-cast post caps secured with self-sealing rivets. • Exclusive deck slot for flush / hidden component-to-deck attachment. • Customers should be invited to compare specifications --in almost all cases our components utilize either larger diameter steel, heavier gauges, or both. PLAYCRAFT SYSTEMS WARRANTY Krauss Craft, Inc., the manufacturer of Playcraft Systems, warrants its products to be free from defects in materials or workmanship, when properly used, serviced and installed in accordance with published specifications, for a period of one (1) year from the original date of invoice. Krauss Craft, Inc. further warrants as follows: LIFETIME* LIMITED WARRANTY on all stainless steel hardware, steel posts, aluminum posts, aluminum caps and aluminum clamps against structural failure due to defects in materials or workmanship. TWENTY -FIVE (25) YEAR LIMITED WARRANTY on ali cast aluminum Spring Rider castings against structural failure due to defects in materials or workmanship. FIFTEEN (15) YEAR LIMITED WARRANTY on all steel rails, handles, rungs, loops and walls, all Play-Tuffn~ coated perforated steel decks, steps, and bridges, all rotationally molded and HOPE sheet plastic components, excluding recycled plastic components, against structural failure due to defects in materials or workmanship. TEN (10) YEAR LIMITED WARRANTY on all shade canopy fabric made of UV Stabilized HOPE monofilament yarn and tape against significant fading. THREE (3) YEAR LIMITED WARRANTY on ali springs, moving swing parts, swing seats and other swing components, as well as all recycled plastic components against failure due to defects in materials or workmanship. ONE (1) YEAR LIMITED WARRANTY on any other product or part not specifically covered above against failure due to defects in materials or workmanship. All warranties above commence on the date of the original invoice from Krauss Craft, Inc. The warranty stated above is valid only if: (1) the products and structures are assembled and installed in conformity with the layout plan and installation instructions furnished by Krauss Craft, Inc.; (2) the products have been maintained and inspected in accordance with Krauss Craft's maintenance information and other normal and prudent practices; (3) the products have been subjected to normal use for the purpose for which the products were designed and intended; (4) the products have not been subjected to misuse, abuse, vandalism, accident or neglect; (5) the products have not been altered in any manner including, but not limited to, incorporating unauthorized or unapproved parts; and (6) the products have not been modified, altered, or repaired by persons other than SeUer's designees in any respect which, in the judgment of Seller, affects the condition or operation of the equipment. This warranty does not cover: (1) cosmetic damages or defects resulting from scratches, dents, marring, fading, discoloring or weathering; (2) damage due to extreme or prolonged exposure to "Environmental Factors", such as wind-blown sand, salt water, salt spray and airborne emissions from industrial sources (sulfur, acids or corrosive chemicals, other than normal photochemical smog); (3) damage caused by "Acts of God", such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms, and other extreme weather conditions; or 4) normal wear and tear. If any products covered by this warranty fail within the time period applicable to a defective product, Krauss Craft, Inc. shall, upon being notified of the defect in writing, at its sole option, either repair the defective products or replace the defective products within 30 days of receipt of the written notification. Repair or replacement as provided in this section shall be the purchaser's exclusive remedy and purchaser expressly agrees that Krauss Craft shall not be responsible for any other damages, losses, or costs, including consequential and incidental damages, claimed by purchaser. Krauss Craft, Inc. shall deliver the repaired or replacement products to the purchaser free of charge, but shall not provide labor, reimbursements for labor or reimburse any other costs associated with the removal or disposal of the defective products and/or the installation of any replacement products. Notwithstanding the previous sentence, Krauss Craft, Inc. shall not pay for any costs of shipping replacement parts outside of the continental United States. Any products replaced or repaired consistent with this paragraph shall be guaranteed for the balance of the original warranty period. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDIES OF THE ORIGINAL PURCHASER. KRAUSS CRAFT, INC. IS NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM THE PURCHASE, USE OR MISUSE OF ITS PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY KRAUSS CRAFT, INC. NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME OR IMPLY ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT SOLD. To make a claim under the terms of this warranty, purchaser must submit a written statement detailing the nature of the warranty claim, including an itemization of each defective condition, along with a copy of the original invoice, maintenance records and supporting photographs to Krauss Craft, Inc., 123 North Valley Drive, Grants Pass, Oregon 97526. Krauss Craft, Inc. reserves the right to change, modify or discontinue certain products without notice. 'For the purpose of this warranty, the term LIFETIME encompasses no specific number of years, but rather that Seller warrants to its original customer, for as long as the original customer owns the Products and uses the Products for their intended purpose, that any Products and all components will be free from defects in material or workmanship. © 2010 Krauss Craft, Inc., All Rights Reserved. Rev. K ':' •. ' ,=, ::.. Forestry Resources. Inc. 4353 Michtgart Link, Fort Myers. FL 33916 (239} 334-7343 BRAND NAME IFI-h no safety, IPEMA provides a third-party certificaTIon· ,ll.menca validates a manufacturer's F 2075-'1 Oa Standard Specification for Use as a Playground Safety Surface Under and Around ~ .. ~ ~ :~ • • ~ .. ... ., ~ ... ".. ~ ... t ~ ,. .... .. ~ ~ ~ : .. ,.. ~ Play-Safe Plus Engineered Wood Fiber Specifications Play Surfacing 1. Surfacing shall be IPEMA-certified Engineered Wood Fiber as manufactured by Forestry Resources, Inc. Fort Myers, FL, or an approved equal. Standard wood chips, bark mulch, or material manufactured from recycled pallets are not acceptable. 2. Surfacing shall be manufactured from virgin wood fibers and shall comply with the sizing requirements outlined in accordance with the procedures outlined in ASTM 17-2075 Engineered wood fiber shall not contain twigs, bark, leaf debris or other organic or inorganic material incorporated within such as soil, sand or gravel. 3. Supplier shall provide test results for the Engineered Wood Fiber in accordance with ASTM F 2075 Spect/icalionfor Engineered Wood Fiberfor Use as Playground SqfelY Surface Under and Around Playground Equipment. 4. Sufacing shall be certified by the Florida Department of Agriculture to be Burrowing Nematode Free. This shall be evidenced by the official certification number being stamped on all delivery documents and invoices. 5. A non-toxic, biodegradable colorant shall be utilized on the colored Play-Safe Plus material. MSDS specifications sheets shall be presented upon request. 6. Surfacing shall pass evaluation for Shock Absorbing Properties in accordance with the procedures outlined in ASTM F-1292 Standard Specifications for Impact Attenuation of Surface Systems under and Around Playground Equipment. 7. Supplier shall provide test results for impact attenuation to show compliance with ASTM F 1292 Standard Spec~/icati()n for Impact Attenuation for Sw:face Systems Under and Around Playground Equipment. 8. Supplier shall provide test results for impact attenuation to show compliance with ASTM F1951-09b Standard Spec~/icalionfor Determinat;on (4Accessibilily of SlII:face Systems Under and Around Playground EqUipment. TOV sOu America luc, PI'orltlc( Safely S(H'vices 47523 Clippel' Drive Plymouth, MI40170 Phone: 734.455,48'11 IPEMA Surfacing Matel'ial Reuol't-ASTI'O .E1292»O~ Clienl: Forestry Resources Manufacturer: Forestry Resources Manufacturing Location: Webster..£b Phone: (239) 334·7343 Commercial Name of product: Playsafe Plus Sample Selection: Yes: X No: Date of Manufacture: Unknown No. of samples submitted: Approx. 5 Cu. FI. TUV Report No.: Q11102920·1 Report Date: 4/1112011 Test Date: 4/11/2011 Initial Test 121 Follow lip Test PRof Job: Sample Receipt Date: 4/612011 Selection Date: 3/29/2011 Ambient Air Temperature: l4,O'C Humidily: 51% ~rest Equipment: . Triax 2000 Accelerometer Calibration Due Date: Jal1·12 Temperalure Probe Calibration Due Date: Jl1l1·12 Environmental Chamber No.: Calibration Due Date: Envirorunelltai Chamber No.: NtA N/A Nt/\ Calibration Due Date: NtA Loose fill Material Sample Description: Loose Fill Wood 0 Un-compacted Depth: Inches Engineered Wood Fiber: ~ Rubber: CI Sand: 0 Compacted Depth: Inches Gravel: C1 Other: [:1 Unitary Sample Description: Tiles 0 Thickness: Poured in Place 0 Thickness: Other 0 Thickness: The abol{e described sample was tested at : it The results reported herein reflect the performance of the above described samptes at the time of testing and at the temperature(s) reported, The results are specific to the described samples. Samples of surfacing materials thaI do not closely match the described samples will perform differently, The following data sheet provides an accurate representation of the test results. Sample In complil1l1ce with ASTM F1292-09 at tho temperature and rating spoclfled? Yes 0 No [] Date: , / I It {I if .0 Ii" l1evision 02/i7/01) Page 1 of 2 ==-" " -" ".~. . -=----.. = Client: ForestrY Resources TUV Report No. QI1102920··1 Manufacturer: rorostry Resources Test Date: 4111/20"[1 --Drop Sl'ecit1cd .Reference Temperature ·6°C, (21.2°t') Referell~il Tcmpcnllurc 23°C,(73.4°F) Retl>!'cllce Tcmperat\lrc 49·C.( 120.2'r) Drop Height (j·Max me Vdacily CO/s) G·i\-I;1.>; Hfe Vdacity (/tIs) Q·M,LX IlfC Velocity (t"tls) f-----. (Ft.) I 12 51 209 27.6 2 l2 64 256 27.7 f----" 76 314 27.9 3 t2 Average 0 0 ~i"~~:t~~~1~~:t1: 70 285 -.;:1"' 0 0 ~(i{. Mensur~d Surface ·C Max. Change from r~fercllc~ 24·C N[;,x. CIH\nge from rcf~ICucc ·C IvIn.~. Chuog,' from rcf.re"ce T~rnncr:ltme + 5°C ,(9"1') .t Joe ,(5.4'F) ·J·e ,(-S.4'"I') " Sample Condition: DRY .--" Drop Olle foot OWl' Reference Tempecnlurc ·6'C, (21,20 1') Refer~llcc TClIlpemllirc 23"C,(73A QF) Rderencc TcmiJemtur~ '19'C,( 120.2°1' ) (Ft.) G·Max HIe Velocity (fils) (l·Max life Velocity (fils) (l-M"x I lie Velocity (fils) I --2 --3 " Average 0 0 I~tf~t~~~*~~},fti 0 0 ~~J~~a~~l~~~~li 0 0 1;:ii;,};~Jl,i;~jf'3i l\·Jeaslired Surfnce "C M.x. Change from reference ·C Max, Change lrom 1~lerellce ·C Max. Challge from reference TelliPerllture .,. soc .(9·f) ± Joe ,($,401') -.loc .(-5.4"1') --Sample Condition: ~--.--~-, DrOJl One 10.01 Reference Temperat\lr\l·6°C. (21.2°r) Referencc Temperi\turc 23·C.(73.4°F) -Refercnce Tenl~emturc 49"(:,( 120.2°\') 1Il1cter(FI.) O-Mf~,( me Velocity (n/s) (i-Mox HIe Velocity (It/s) G-Max me Velocily (lVs I ._-- 2 J ----Average 0 0 1~~~~$U~~l~~' 0 0 lt~~~f:tlI£l' 0 0 i\kasureu Sllrfa~e °C Ma~. Chonge from reference ·C tvh1.,(. Ch(mge front rcferCllCtl 'C Max. Change 1'10111 reference TCl1Iperutum + SoC ,(9°I') .:t 3~C ,(~.4'l') -3'e .(.SA"F) Sample Condition: Revision 02/17/09 Page? of2 Sieve Anaiysis ASTM F207S-10a Section 4.4 per 7.4 America iParticipant: Forestry Resources, Inc. !Location: 7W:,,: . .:::e:.::b:::s~te::.r1-:' :::-F:::.L_~-=:--_______ _ iProduct Brand Name: ..:P,..;I.:::ays=a::.:f.:::e..:.P..:I::.us=--_______ _ initial Sample Dry Weight (9)= 552.3 3/4" Sieve O() Material remaining _-""-" __ 100%-(I() !'if) 7 1 3iS",Sieve M2teri21 remaining _-=;.;.;..._ Q? I 100%---=-=-- . #16 Sieve 9 -Initial sample weight (9)= % not passing 7''' Sieve = g .,. Initial sample weight (9)= % not passing 3/S' Sieve .,. 552.3 100.0 552.3 0.0 x 100 = 0.0 %.QQ\ passing '%" sieve % Passing Sieve x 100:= 9.2 % not passing 3/8" sieve % not passing =;';" Sieve = 90.8 Materia! rem2ining 497.0 9 ~ Initial sample weight (9)= 552.3 x 100 = 90.0 % not passing #16 sieve Test Date: 4/8/11 Job# OJ 1102920-2 % Passing Sieve 100%-90.0 % not passing #16 Sieve ... 0.0 + % not passing 7." Sieve .. 9.2 ... % not passing 3/S" Sieve ~ 0.8 % Passing Sieve Sieve Size Min J Max Requirements 314" (19,05 mm) 99 -100 % 3/8" (9.53 mm) 75-100 % No.i6 (O.0469mm) 0-15 % Test Performed By: ~-~--, '<?F ~ -'----~~-../tr' ~~~ '" Reviewed By: ............... ~>( .j .1'".::;:;----:-----."'_ % Loss by Sieve (Percent Passing) 100.0 90.8 0.8 Sample in compliance with ASTM F2075-10 for Sieve Analysis Section 4.4 per 7.4 Yes -X--, No ~-1 Date: ~h /1/ Date: 'I :'"';'/t:" ~.t::.. The results reported herein reflect the performance of the above described samples at the time of testing and at the temperature(s) reported. The results are specific to the described samples. Samples or surfacing materials that do not closely match the described samples will perform differently. The following data sheet provides an accurate representation of the test results. Certification Form-ASTM F2075-iO Sieve Only Revision 1 10/20/2010 REPORT NUMBER Q11203625.1 llJ\I America TUV SUD America, Inc. 47523 Clipper Street Plymouth, Michigan 48170 USA Phone: 734.455.4841 Fax: 734.455.6590 www.TUVAmerica.com PREPARED FOR FORESTRY RESOURCES, INC. 4353 MICHIGAN LINK FT. MYERS, FL 33916 ATTENTION GLEN DAVIS REPORT DATE APRIL 16,2012 TUV suo America. Inc letters. reports and dala are for Ihe excluSive use of our customers to whom they are addressed and shall not be reproduced, except In full. without the written approval of the Laboratory Our letters and reports apply only to those samples tested. and are not necessanly Indicative of the qualities of apparent Identical or similar products Samples flot destroyed In testing are retained for a maximum of thirty (30) days. The use of the name TUV SUO America. Inc or Its Seal or Insignia. are not permitted to be used by the customer on their communicalions, brochures. adveruslng, reports or other forms of media, without pnor written approval Reported test parameters are generally specified as set points of testing equipment All documentation and data utilized In the generation of this report are available upon request America REPORTED I APPROVED BY: TOV SOD America, Inc. Reported by: Timothy Fouchia, Test Technician CERTIFICATION TEST PROGRAMS Approved by: David Splane, Product Safety Engineer CERTIFICATION TEST PROGRAMS TOV sCm America, Inc. Report Number: Q11203625.1 April 16, 2012 Test Report Forestry Resources, Inc. Page 2 of 6 America PURPOSE Report Number: Q11203625. 1 April 16, 2012 The purpose of this test report is to present the test results obtained during the performance of a test program. This report includes a brief description of the samples presented for test, a list of the documents presented as test instructions, and a summary of the testing performed and the results obtained. Applicable requirements and conclusions are based on the criteria provided by our client, or as specified in the reference document(s). WORK REQUESTED I REFERENCE DOCUMENT(s) ASTM F1951-09b, Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. TEST SEQUENCE 1. Wheelchair work measurement method -straight propulsion with no material on a flat surface with a grade of 7.1 %. 2. Wheelchair work measurement method -straight propulsion with material and no grade. 3. Wheelchair work measurement method -turning 90° with no material on a flat surface with a grade of 7.1 %. 4. Wheelchair work measurement method -turning 90° with material and no grade. Testing was performed on April 12, 2012. SAMPLE DESCRIPTION Forestry Resources, Inc., submitted approximately 40 cubic feet of loose fill wood material identified by Forestry Resources, Inc., as Playsafe Plus. TOV SOD America, Inc. Test Report Forestry Resources, Inc. Page 30f6 America TESTING PERFORMED ACCESSIBILITY OF SURFACE SYSTEMS Procedure Report Number: Q11203625.1 April 16, 2012 Sample material, Playsafe Plus, was installed in four inch layers, and tamped using a 10 inch X 10 inch hand tamper until a depth of twelve inches was achieved. The sample material was tested, propelling the wheelchair with four even propulsion strokes, per trial, across the material 5.56 feet, within eight seconds. This process was repeated five times for each test, (straight and 90 0 turn). Per ASTM F1951-09b, section 5.1, no additional compaction or modification occurred between propulsion trials. Results The average work force over one foot, in pound force-inch values, for straight propulsion and for turning with material, should be less than the average work per foot values for straight and turning on a flat surface with a grade of 7.1%. Conclusion The average work force over one foot, in pound force-inch values, measured lower when propelling the wheelchair over the 12 inch compacted depth Playsafe Plus material, than when propelling the wheelchair over a flat surface with a grade of 7.1 %. The material met the requ irements of ASTM F 1951-09b. SAMPLE DISPOSITION The sample material will be retained by TOV SOD America, Inc., for fifteen (15) days, then disposed of at the discretion of TOV SOD America, Inc., unless otherwise requested by Forestry Resources, Inc. TOV SOD America, Inc. Test Report Forestry Resources, Inc. Page 4 016 TEST EQUIPMENT Report Number: QI1203625.1 April 16, 2012 TOV SOD America, Inc.'s calibration system meets the requirements of ISO 17025:2005. TOVID pescriptl(>n Mam~facturer Model C.allbratlon.Due PLYPOO043 Signal Conditioner Daytronics 3370 07/12 PLYPOO047 Reaction Torque Sensor Lebow 2110220500 07/12 PLYPOO015 Digital Protractor Mitutoyo Pro 360 06/12 N/A Wheelchair Quickie Q2 NCR N/A Accessibility Fixture DTL N/A NCR PLYPOO031 Scale Toledo Scale 4181 07/12 PLYPOO044 Scale Acculab CS-110P 07/12 NCR -No CalibratIOn ReqUired REMARKS • Per ASTM F1951-09b, section 7.1.2 Test Wheelchair Rider -A 165 + 11, -4.4lb test wheelchair rider shall propel the wheelchair during testing. The rider's weight was measured at 1871b prior to testing thus deviating from the standard requirements. o The wheelchair rider weight was 187 pounds, which combined with the wheelchair for a total of 234.7 pounds. • Per section 7.1 .3 Weight of Total System-The total weight of the wheelchair Rider System, including any distance measurement or data acquisition equipment residing on the wheelchair shall be a minimum of 187.2 Ib and a maximum of 255 lb. • Report, revision 1 reflects clarification of material name: Playsafe Plus, APPENDICES: Appendix A: Test Data TOV SOD America, Inc. Test Report Forestry Resources, Inc. Page 5 016 America Report Number: Q11203625.1 April 16, 2012 Material Name / Description :_----=p.....:I.:::.ay1..!s~a~fe~P!.:::lu~s,L..l(....:.1.:::.2...!!in.!.!c:::..:h:....:c~o:..:..:m.!J:p~a~ct~e..::::.d-=d~el::,;pt:.:..:h.L.!.). _____ _ Run # No Material (work per foot) With Material (work per foot) (Ibf-in) -----,.---.. ----.-~.--~---_ ... _._- Straight Run 1 124.832 Straight Run 2 125.739 ------ Straight Run 3 120.559 Straight Run 4 124.329 Straight Run 5 124.79 ----------_ .. _ .. _ .... _------.. ~.----.~.~--.. ---- Average 124,65 ~- -- Turn Run 1 174.75 Turn Run 2 175.022 --~.------------.. -- Turn Run 3 163.581 -.. ---.-~.----.-.--------- Turn Run 4 178.941 _._ .. --" Turn Run 5 172.497 Average 174.09 TOV SOD America, Inc. (Ibf-in) ---- 116.675 116.886 114.863 112.877 119.778 ---- 116,141 L--_ 164.655 157.602 162.087 _._- 147.268 -----------~-150.061 156.583 --.. Test Report Forestry Resources, Inc. --_._- ---- Page 6 of 6 Appendix A ACORD ~ CERTIFICATE OF LIABILITY INSURANCE PLAYSr-1 ______ 0_P_I_D_:_M-,S I DATE (MMIDD/YYYYI 1 08/27/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poliCies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s}. INSUREO----PlaySpace Servrces-;lnc~-------··-·­ Advanced Recreational Concepts LLC 3125 Skyway Circle Melbourne, FL 32934-7334 COVERAGES CERTIFICATE NUMBER' .JNSURERD: .. _. ___ . __ .... ___ ..... __ ... _____ • _____ .... ___ .. _ ...... __ •.. _ .• ~NSURER E : ...... _._ ..•.. _._ .... __ ...... ___ . _____ ....... __ ... . INSURER F: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, .. -~ .. -'.--.-.... ---.. ----.. ---... _:Ar5Ol: SOoo'---·· ........ _ .. _ .. . _--_._--.-POLICY EFF 'POLiCY EXP .• ---..... --..... -.--...... --...... -----... -.--I~i: I TYPE OF INSURANCE ilNSR ~D POLICY NUMBER MMIDDNYVYI MMIODNYVYj LIMITS i GENERAL LIABILITY EACH OCCURRENCE S 1,OOO,OOC A G<l~MMERCIAL GENERAL LIABILITY PL4434696 0112712013 01/2712014 l)/ilVll@'TCflitNTeb-----s --·-·--SO,OOC r-.:---] CLAIMS·MADE III OCCUR rfB.EMISES (Ea occu.~.~~. .... _-_ ........ _ ........ -'- I ~!:,J~!'l'.0ne pers?"L-S 5,000 PERSONAL & ADV INJURY ;·_-1:000;00·0 j .... --J -. ~ ... -----.~ ..... ----... "' .. --.>~ ... -~ )---_._-----_._-;--_ ... 2,OOO,OOC .1 I GENERAL AGGREGATE ~-~ ~--~ -~------.• _--_ .. _._-----'.'-"~'--'_._._._-----_ . i GEN'l AGGREGATE LIMIT APPLIES PER: I PRODUCTS· COMP/OP AGG ~_~ ______ 2,OOO,.~oc i-I POLICY 1-1 ~~2T II LaC ---_ ... __ ....• _-_._-- s i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 ~"""W 81G0956H 02/03/2013 02(03/2014 .lEa accidery!L. ___ .. _ ... _ r"-.-.-.. ~-----... - B BODilY INJURY (Per person) $ ,-.. ALL OWNED ~' SCHEDULED ---~-""--'----""'-~ -.-"--.. .--_.-.. - AUTOS AUTOS BODilY INJURY (Per accidenl) S I_X HIRED AUTOS X NON·OWNED PROPERTY DAMAGE---· -s--·· .-.- • AUTOS JP!"J aCcidentl ._ ..... __ .. _, __ .~ .... ~-.. ",. ~--.-- I I IS LX..I UMBRELLA LlAB l X~iOCCUR ~~ClJRRENCE .. _ .. ~. --'-.-~!OOO!~~g A I-I EX_C:I~E·~_[· .. CLAI~~ ... ~I\{).~ UM4434697 01127/2013 01/27/2014 AGGREGATE S ~~O~~~~ ---'--_ ...... _._- OED i X RETENTIONS 10,000 I S WORKERS COMPENSA TlON XJtC STATY.s.LJOTH. AND EMPLOYERS' LIABILITY YIN ... _ TORY LIMITS _ .. itL , .... .~-~.--.. C ANY PROPRIETOR/PARTNER/EXECUTIVE lliJ 830·34812 07/24/2013 07124/2014 E.L. EACH ACCIDENT ~ .... 1,000,000 OFFICER/MEMBER EXCLUDED? N NIA -_ ... -. __ ._ ..... ----_ .. ---'-"'".----. (Mandatory III NH) E.l. DISEASE· EA EMPLOYEE S 1,000,000 -----~-r·-·········--·····-·--If yes, describe under E L, DISEASE· POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below I J I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AttaCh ACORD 101, Additional Remarks Schedule, if mora space is required) CERTIFICATE HOLDER CANCELLATION MARIONP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Marion County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Procurement Services 2511 SE 3rd Street AUTHORIZED REPRESENTATIVE Ocala, FL 34471 U·f~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Selection Committee Score Sheets RFP Title: RFP No.: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305)667-7806 www.southmiamifl.gov Marshall Williamson Park Playground Equipment PR 2013·08 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. Aesthetics & Design 1. Conformity to Allotted Space: (MAX 20 Points) Number of Play Elements & 2. Play Value: / ! (MAX 20 3. Creativity of Design: (MAX 20 Points) Durability & Warranty: (MAX 4. 20 POints) 5 .. Proposed Cost: I (Max 20 Points) Reviewed by: I "\ ) / / ( I / /) (Signature) I ! ( Date: /c l / . (; -- I I Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov RFP Title: Marshall Williamson Park Playground Equipment RFP No.: PR 2013-08 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer Is 100 points. 1. 2. 3. 4. Aesthetics & Design Conformity to Allotted Space: (MAX 20 POints) Number of Play Elements & Play Value: (MAX 20 POints) Creativity of Design: (MAX 20 Points) Durability & Warranty: (MAX 20 POints) Proposed Cost: (Max 20 Points) Total Score: /t \' Reviewed by: \) enn·~r2.l( kO·/LHi (Print Name) /9 10; 11 ~o /1- 20 /g> 11 11 to I; (~ /rt I~ 19 18 11 0 /& 20 /0 /& ;:1 (-1-20 5' I go Date: 9/(P/20(3 ~==~~~~~~-------I U!L...~j,nn!'ITI re) Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov RFP Title: Marshall Williamson Park Playground Equipment RFP No.: PR 2013·08 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 pOints. Aesthetics & Design 1° 1. Conformity to Allotted Space: (MAX 20 Points) Number of Play Elements & 16 2. Play Value: (MAX 20 Points) 3, Creativity of Design: ~B· (MAX 20 Points) 4. Durability & Warranty: (MAX f.)J) 20 POints) 5. Proposed Cost: ( s· (Max 20 Points) Total Score: ... Additional Comments: Reviewed by: -"J t1~.( l rc?C/-L. rint Name) I~ t7 \S 10 /. (0 (5 l7-12 J~ I~ /6 'f D 0 7/2 20 )5 )) 19 rS 6 1 Date: Evaluation Scoring Sheet Purchasing Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 Fax: (305) 667-7806 www.southmiamifl.gov RFP Title: RFP No.: ____ . __ --'-M-...:a ....... r___.s__'_ha ....... ICC-I. Williamson Park Playground Equipment PR 2013-08 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 pOints. Aesthetics & Design ~O 20 )5 1. Conform ity to Allotted ~D :/0 Space: (MAX 20 Points) Number of Play Elements & 20 2. Play Value: :<0 U' fo (MAX 20 Points) 3. Creativity of Design: It) 2o -Gl {AlJ I 0 (MAX 20 Points) 4. Durability & Warranty: (MAX '~O -if V :JD JD 20 Points) 5 .. Proposed Cost: ;)0 (5 20 r (Max 20 POints) DD Reviewed by: Date: References REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Marshall Williamson Playground Equipment RFP VENDOR: Advanced Recreational Design (ARC) DATE: 9/11/2013 REFERENCE: Brevard County Parks Dept. CONTACT: Dave Moore/ Parks & Rec 1. How was the vendor's quality of work? Excellent. 2. Did the vendor accomplish your goals and objectives? Yes, exceeds our expectations. 3. Was the project completed on-time and within established timeframes? Yes. ARC does an excellent job meeting established timeframes. 4. How effective was the vendor's communication and responsiveness and describe how they interacted with staff? Excellent, they are a dynamite company. Works well with staff and administration. 1 S. How did the vendor perform in relation to your budget and what was the size of your budget? Our budget varies annually. We currently do not have a budget; we have been on a replacement program over the past 5 -6 years. 6. What was the project scope? ARC has installed most of our playground equipment over the past 10 years. The County passed a referendum in 2000 that initiated a playground equipment program. The scope included several new installations of playgrounds and a maintenance program for existing equipment. 7. Describe the vendors after installation support? ARC's support is excellent. Take responsibility and handle the required service with no issues. 8. When was the playground equipment installed and what is the condition of the equipment now? ARC'S equipment has been installed over the past 10 years. The equipment is in great shape due to the maintenance and repair program we have in place with them. No major issues with the equipment, just minor wear and tear maintenance. Note for Parks Dept: "We have installed a giant rock that has a few play elements. Very popular with the kids and requires little or no maintenance. We will be installing a few more. 2 REFERENCE CHECK: Prepared by: Purchasing Department, City of South Miami Marshall Williamson Playground Equipment RFP VENDOR: Advanced Recreational Design (ARC) DATE: 9/6/2013 REFERENCE: Duval County Public Schools CONTACT: Cheryl Thompson/Interior Designer 1. How was the vendor's quality of work? Excellent. We have a comprehensive playground equipment program that involves Parks, Safety, Maintenance and ARC. No playground equipment gets ordered/installed unless all departments are satisfied. All must meet strict standards and certifications 2. Did the vendor accomplish your goals and objectives? Yes. 3. Was the project completed on-time and within established timeframes? Yes. ARC keeps us informed at every step from the PO; to manufacturing; to shipping and delivery. 4. How effective was the vendor's communication and responsiveness and describe how they interacted with staff? Yes. ARC keeps us informed at every step from the PO; to manufacturing; to shipping and delivery. Very responsive and communicate well. I have many other tasks I am responsible 1 for but have full confidence ARC will handle and stay on top of the project without me staying on top of them. s. How did the vendor perform in relation to your budget and what was the size of your budget? ARC is usually below budget. Our budget is $250K. 6. What was the project scope? ARC has installed about 95% of our playground equipment over the last 2-years. We bid our own but also look for piggybacks where ARC is a vendor. Just completed a project that involved 31 Pre-K playground equipment provided by ARC. 7. Describe the vendors after installation support? ARC's support is excellent. We have had minimal problems or maintenance/structural issues with the ARC equipment. Support is sometimes provided by the Sales rep or their maintenance & support team. 8. When was the playground equipment installed and what is the condition of the equipment now? ARC's equipment has been installed over the last 2 years. The equipment is in excellent shape and has required minimal maintenance and repairs. 2 RFP and Addendums ;' (J \ \1 City of South Miami Request for Proposal for Playground Equipment for Marshall Williamson Park 61 25 SW 68 Street South Miami, FL 33143 RFP #PR20 13-08 Submittal Due Date: Friday, August 30, 2013 CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: CHARTERED OFFICIALS City Manager: City Attorney: City Clerk: Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh Steven Alexander Thomas Pepe, Esq. Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence. Integrity and Inclusion" © Thomas F. Pepe, 2011-2013. All rights reserved. 7/11113/13 Page I of 72 South Miami hed IliiP ~OOl CITY OF SOUTH MIAMI Playground Equipment for Marshall Williamson Park RFP #PR20 13-08 The City of South Miami, Florida, hereinafter referred to as "CSM", through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PR20 13-08 titled "Playground Equipment for Marshall Williamson Park." The site is located at 6125 SW 68 Street, South Miami, FI 33143. The purpose of this RFP is to contract the services necessary for the complete the installation and construction of the proposed playground equipment in accordance with the "Scope of Services." The project is funded through a federal grant, Community Development Block Grant, (CDBG) through Miami-Dade County. Proposers must comply with the CDBG requirements. See "Attachment A To Bid Package." Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents listed in the RFP Table of Contents. The Proposal Package shall consist of one (I) original unbound proposal, four (4) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows "Playground Equipment for Marshall Williamson Park" RFP # PR20 13-08 and the name of the Proposer (also referred to as "Respondent"). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, August 30, 2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143 on Monday, August 19, 2013 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Maria M. Menendez, CMC City Clerk Page 2 of 72 SCOPE OF SERVICES Marshall Williamson Park 6125 SW 68 Street South Miami, FL 33143 The City of South Miami desires to purchase two (2) age appropriate playground equipment structures; One structure for ages 5 -12, the other for ages 2 -5. The proposer will be required to provide sufficient documentation to define the terms being provided in the scope of work. Such documentation may include, but not limited to, vendor catalog sheets, general data sheets, drawings and sketches or specification and warranty information. Proposers shall include either pictures or 3-dimensional drawings of what is being proposed. I. Site Specifications: a. Ages 5 -12: The area is approximately 30' X 40' and shall include the following minimum requirements: i. Composite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 5 -12. 2. Child capacity of 25 or more. 3. At least two (2) slides. 4. One (I) Challenge Ladder. 5. A Crawl Tunnel. 6. Spider Net Climber. 7. Arch Climber. 8. ADA Sky Climber. 9. Two (2) or more Toppers. 10. Approximately 5 -7 play elements. I I. Swirl Pole. 12. 5 ft Climb Rope. 13. 15 ft Board Walk. 14. Wheelchair Accessible. b. Ages 2 -5: The area is approximately 30' X 30' and shall include the following minimum requirements: i. Composite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 2 -5. 2. Child capacity of 15 -20. 3. A least two (2) slides. 4. A minimum of two (2) toppers. 5. One Canopy. 6. Three-step climbing ladder. 7. Approximately 2 -4 play elements. 8. Sand Box. 9. Alphabet Blocks. 10. Wheelchair Accessible. © Thomas F. Pepe, 2011-20 13. All rights reserved. 7/l1/l3/l3 Page 3 of 72 II. Border Material/Site locations: III. Warranty: I. Sufficient border is required to encompass the use zone of the composite structure. 2. The two (2) locations currently include playground equipment. The awarded vendor will be required to remove and dispose of the structures and prepare the areas for the new playground equipment. 3. Manufacturer of the equipment quoted shall be ISO 900 I certified and the designer and factory installer must be certified by the National Playground Safety Institute. All equipment provided must. at a minimum. meet the following standards: a. ADA-American with Disabilities Act b. ASTM -The American Society for Testing Materials c. IPEMA The International Playground Equipment Manufacturers Association. 4. The awarded vendor will be required to obtain any permits required; however the City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor. including applicable fees. 5. The awarded vendor will prep the site locations for the installation of the proposed playground equipment and provide concrete. mulch or any type of safety surface required. a. The standard manufacturer's warranty information must be provided in writing for all equipment being proposed. including installation by an authorized dealer. IV. Project Funding: a. This project is funded through a federal grant. Community Development Block Grant. (CDBG.) through Miami-Dade County. Proposers must comply with CDGC requirements. Refer to "Attachment A To Bid Package." V. Boundary Survey: a. A Boundary Survey depicting the park is included with the RFP. Refer to "Attachment B Boundary Survey, Marshall Williamson Park" © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 END OF SECTION Page 4 of 72 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. 2. 3. 4. 5. 6. 7. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for Playground Equipment for Marshall Williamson Park. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise specified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) b) c) Attachments/Exhibits to Special or supplemental conditions to Contract Special or supplemental conditions to Contract Attachment/Exhibits to Contract d) Contract e) General Conditions to Contract f) Addenda to RFP g) Attachments/Exhibits to RFP h) RFP i) Proposal Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours of opening the response submittals received, along with a request for permission to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. The terms, provisions, conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 A.M. Tuesday, August 27, 2013 prior to the date of the RFP opening to the attention of Steven P. Kulick at ~kulick@southmiamifl.gov or via facsimile at (305) 663-6346. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 5 of 72 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP") by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. II. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 6 of 72 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub-contractor, supplier, Sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond, (Bond or cashier's check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. g) The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondent's name and titled as follows: "SEALED PROPOSAL, Playground Equipment for Marshall Williamson Park, RFP #PR20 13-08". 18. All erasures and corrections must have the initials of the Respondent's authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink; all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase "not applicable". 19. Goods: If goods are to be provided pursuant to this RFP the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 7 of 72 Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations for Proposals shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 20. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 21. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City and shall deliver them to the City prior to issuance of any Contract(s) or Award(s) Document(s); or b) At the time of the Proposal submission the Respondent must submit evidence, acceptable to the City, of insurability in the form of a letter from Respondent's insurance carriers ("Letter of Insurability") demonstrating the ability to obtain coverage outlined in the Indemnification and Insurance Requirements set forth in the General Conditions to the Contract which are attached to this RFP Package. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best's Key Rating Guide, latest edition unless otherwise required by the aforementioned Indemnification and Insurance Requirements and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the Respondent, which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City and Miami-Dade County as an additional named insured who shall have the option, but not the duty, to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 22. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 23. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive, responsible Respondent, as determined by the City Commission, subject to the right of the City to reject any and all proposals, to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 24. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 8 of 72 25. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087. as amended. when requested shall be cause for rejection of the Proposal as determined by the City. 26. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity. may not submit RFP on leases of real property to a public entity. and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017. for a period of 36 months from the date of being placed on the Convicted Vendors List. 27. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person. other than a bona fide employee. contractor or subcontractor. working in its employ. to solicit or secure a contract with the City. and that it has not paid or agreed to pay any person. company. corporation. individual or firm other than a bona fide employee. contractor or sub-consultant. working in its employ. any fee. commission. percentage. gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 28. Hold Harmless: All Respondents shall hold the City. its officials and employees harmless and covenant not to sue the City. its officials and employees in reference to its decisions to reject. award. or not award a contract. as applicable. unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit. the prevailing party shall recover its attorney's fees. court costs as well as expenses associated with the litigation. In the event that fees. court costs and expenses associated with the litigation are awarded to the City. the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 29. Cancellation: Failure on the part of the Respondent to comply with the conditions. specifications. requirements. and terms as determined by the City. shall be just cause for cancellation of the Award or termination of the contract. 30. Bonding Requirements: The Respondent, in submitting this Proposal. shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 31. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond. each. in the amount of 100% of the total Proposal Price. including Alternates if any. naming the City of South Miami and Miami-Dade County as the obligee. as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor. services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 32. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance. as well as the applicable insurance policy with required endorsements. a Performance and Payment Bond if required. and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond/Security that accompanied the Proposal. and the Proposal Bond/Security shall be retained as liquidated damages by the City. and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates. Proposal Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 33. Pre-proposal Conference Site Visits: It is mandatory that all Respondents attend a pre-proposal conference if required or requested by the City. and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist. or that may hereinafter exist. as a result of failure to make the necessary examinations or investigations. or failure to complete any part of the RFP Package. will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. 34. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents. including the Proposal Form. 35. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 9 of 72 36. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel. in whole or part. any invitation to bid when it is in the best interest of the City. 37. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract. if one is awarded. based on race. color. religion. national origin. sex. age. sexual orientation. disability. or familial status. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 END OF SECTION Page 10 of 72 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: Check Attachments and Other Documents to be Completed: Indicating Complete x Bid Form x Bid Bond N/A Bid Bond Power of Attorney N/A x BIDDER Qualification Statement x Non-Collusion Affidavit x Public Entity Crimes and Conflicts of Interest x Drug Free Workplace x Acknowledgement of Conformance with OSHA Standards ---- x List of Proposed Subcontractors and Principal Suppliers x Related Party Transaction Verification Form x Indemnification and Insurance Documents x CDBG Requirements, ("Attachment A To Bid Package") ---- Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. © Thomas F. Pepe, 2011-2013. All rights reserved. 71\1113113 END OF SECTION Page II of 72 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 BID FORM I. If this Proposal is accepted the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price,within the Contract Time and in accordance with the other terms and conditions of the RFP Package. 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP, Invitation for Proposals and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal Bond/Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract with the Bonds, Insurance Policy with appropriate endorsements, Insurance Certificate and other documents required by the RFP within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 12 of 72 iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and cents $ Alternates: #1 #5 #2 #6 #3 #7 #4 #8 ---------------------- A fee breakdown, if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non-responsive. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 13 of 72 5. The ENTIRE WORK shall be completed. in full. within 60 working days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents. unless specifically defined in this RFP Package. SUBMITTED THIS DAY OF PROPOSAL SUBMITTED BY: Company Name of Person Authorized to Submit Proposal Signature Title © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 20 __ . ----------------------- Telephone Number Fax Number Email Address Page 14 of 72 SCHEDULE OF VALUES Item Description Unit I Mobilization LS 2 Demolition of playground LS 3 Playground equipment (2-5 yrs) LS 4 Playground equipment (5-12yrs) LS 5 Installation of playground equipment LS 6 Performance Bond LS 7 OH & Profit (Labor & Office Personnel) LS END OF SEeTON © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Qty Amount I I I I I Subtotal $ __________ _ I I Total $ __________ _ Page IS of 72 EVALUATION SELECTION PROCEDURE Scoring and Ranking An Evaluation Selection Committee comprised of 3 to 5 City staff members will review proposals submitted and rank each proposer using the evaluation factors listed below: EVALUATION CRITERIA: Competitive Selection-Ranking: maximum 100 points. Each proposal shall be evaluated on the following evaluation criteria, weighting and maximum points: I. Aesthetics & Design Conformity to Allotted Space; Maximum 20 Points 2. Number of Play Elements & Play Value; Maximum 20 Points 3. Creativity of Design; Maximum 20 Points 4. Durability & Warranty; Maximum 20 Points 5. Proposed Cost Maximum 20 Points © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 END OF SECTION Page 16 of 72 PROPOSAL BOND STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that we, ______________ _ ___________ , as Principal, and -:-:-__________ -::-___________ _ ___________ , as Surety, are held and firmly bound unto the City of South Miami ("City"), a municipal corporation of the State of Florida in the sum of -:-____ -:----: _____ .,--____ ---:_ Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Proposal dated , for the pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents; NOW THEREFORE, A. If the principal shall not withdraw said proposal within ninety (90) calendar days after the date for opening of the same, and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature, enter into a written contract with the City in accordance with the proposal as accepted, and give bonds with good' and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and provide proof of insurance as required, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said proposal within ninety (90) calendar days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the proposal as accepted, and/or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it for signature and/or in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process, then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Proposal Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including, proceedings required to obtain the court order of disbursement, including the cost of all appeals or other related proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. © Thomas F. Pepe, 2011·2013. All rights reserved. 7/11113113 Page 17 of 72 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: (Individual or Partnership Principal) (Business Address) (City/State/Zi p) (Business Telephone) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Surety Seal (Seal) IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISOUALIFY YOU © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 By: ------------------------------------- Page 18 of 72 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, , whose business address is and whose telephone number is as Principal (hereinafter referred to as "Contractor"), and _______________________ , whose business address is . and whose telephone number is _________ , as Surety, are bound to the City of South Miami whose business address is and whose telephone number is , and Miami-Dade County whose business address is ___________ -'as Obligee, and whose telephone number is (hereinafter referred to as "City") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract, for the «PROJECT», awarded on the _____ _ day of , 20 __ , under Contract Number by the City for the construction of ________________ (brief description of the Work) in accordance with drawings (plans) and specifications prepared by N/A which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract"; effect. THE CONDITION OF THIS BOND is that the Contractor: I. Fully performs the Contract between the Contractor and the City for the . _________ , within days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (I) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contract's terms and conditions provided the City makes available, as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 19 of 72 the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 __ , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (Individual. President, Managing Member or General Partner. etc.) (Business Address) (City/State/Zip) (Business Telephone) OR (Corporate Name) ATTEST: (President) Secretary (Business Address) (City/State/Zip) (Business Telephone) IN THE PRESENCE OF: ________ ,INSURANCE COMPANY: BY:, ___________ (SEAL) (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this. the day of • 20_. before me. the underSigned notary public of the State of Florida. the foregoing performance bond was acknowledged by (Corporate Officer). __________ -,-,-__ ..,.,-__ (Title). of (Name of Corporation). a __________ (State of Incorporation) corporation. on behalf of the corporation. WITNESS my hand and official seal. _________________ _ Notary Public. State of Florida NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me. or Personal identification: ___________ _ Type of Identification Produced Did take an oath. or __ Did Not take an oath. «:) Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 (Name of Notary Public: Print. Stamp or Type as commissioned.) Page 20 of 72 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That. pursuant to the requirements of Florida Statute 255.0 I. et seq.. Florida Statutes. we. _____________________ ,. whose business address is and whose telephone number is .as Principal. (hereinafter referred to as "Contractor"). and , _______________ • whose business address is and whose telephone number is . as Surety. are bound to the City of South Miami. whose business address is _______ and whose telephone number is . and Miami-Dade County whose business address is and whose telephone number is _____________ a.s Obligee. (hereinafter referred to as "City") in the amount of _.,-:-_________ ---,_---, __ Dollars ($ ) for the payment whereof Contractor and Surety bind themselves. their heirs. executors. administrators. successors and assigns. jointly and severally. WHEREAS. Contractor has. by written agreement. entered into a Contract for the «PROJECT». awarded on the day of . 20 __ . under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by N/A which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants. as defined in Section 255.05. Florida Statutes. supplying Contractor with labor. materials. or supplies. used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses. damages. expenses. costs. and attorney's fees. including those incurred in any appellate. mediation or arbitration proceedings. if any. that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract. then this obligation shall be void; otherwise. it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2). Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF. the above bonded parties have executed this instrument under their several seals on this day of . 20 __ . the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: OR ATTEST: Secretary © Thomas F. Pepe, 2011-2013, All rights reserved, 71l11l3/l3 (Individual. President, Managing Member or General Partner. etc.) (Business Address) (City/State/Zip) (Business Telephone) (Corporate Name) (President) (Business Address) Page 21 of 72 (City/State/Zip) (Business Telephone) SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE PRINCIPAL AND ______________________ ISTHESURETY IN THE PRESENCE OF: INSURANCE COMPANY: ~ ~~~ (Agent and Attorney-in-fact Signature) (Business Address) (City/State/Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI-DADE On this, the day of , 20_, before me, the undersigned notary pUblic of the State of Florida, the foregoing payment bond was acknowledged by (Corporate Officer), __________ --,-:-__ ,-:-__ (Title), of (Name of Corporation), a ___________ (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. ___________ -,--: _______ _ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. *Power of Attorney must be attached. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 (Name of Notary Public: Print, Stamp or Type as commissioned.) END OF SECTION Page 22 of 72 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction projects completed. a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 On Schedule 2. List the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: © Thomas F. Pepe, 2011-2013. All rights reserved. 7Ill/l3/l3 Page 23 of 72 b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 24 of 72 Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 2S of 72 I. Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: © Thomas F. Pepe, 2011-2013. All rights reserved. 7/11/13113 Page 26 of 72 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE ___________ being first duly sworn, deposes and states that: (I) He/ShelThey is/are the ________________________ _ (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: __________________________ ___ Witness Signature Witness Print Name and Title Date tpepe02-IB-13 Page 27 of 72 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the ____ day of , 20 __ , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/shelthey acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: © Thomas F. Pepe, 2011-2013. All rights reserved. 7Ill/13/l3 Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 28 of 72 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a CONTRACTOR, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provIsions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by ____ ~------------------~--------------------------------------[print individual's name and title] for ____ ~----------~---------------------------------------------------------[print name of entity submitting sworn statement] business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: --------------------.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 29 of 72 interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this _____ day of ______________ , 20 __ . Personally known ___________ _ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/i1/92) © Thomas F. Pepe, 20 11-20 13. All rights reserved. 7/11/13/13 Notary Public -State of _______ _ My commission expires ____ ---:-__ _ (Printed, typed or stamped commissioned name of notary public) Page 30 of 72 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: _______________ _ Print Name: Date: © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 31 of 72 ACKNOWLEDGEMENT OF CONFORMANCEWITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORs for the project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-Contractor's names): to comply with such act or regulation. CONTRACTOR BY: ______________________________ __ Name Title © Thomas F. Pepe, 2011·2013. All rights reserved. 7111/13/13 Witness Page 32 of 72 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & Email Landscape Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 33 of 72 RELATED PARTY TRANSACTION VERIFICATION FORM __ --------------" individually and on behalf of _-:-:-____________ --__ __ ("Firm")have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) 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 those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) 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 those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and Sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: _______________________ _ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or © Thomas F. Pepe, 2011-2013. All rights reserved. 7Il1/l3/l3 Page 34 of 72 benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, Le., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: _______________________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) 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 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]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: _-----_~~----~--~-~--~-_:__---------(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ______________ _ Date: ___________ _ © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 35 of 72 ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. ( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); © Thomas F. Pepe, 2011·2013. All rights reserved. 7111113113 Page 36 of 72 (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture. professional engineering. or registered land surveying. as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been submitted by a city person defined in paragraphs (b)(2). (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm. corporation. partnership or business entity in which that person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city or any person or agency acting for the city. and any such contract. agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally. no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer. director. partner. of counsel. consultant. employee. fiduciary or beneficiary; or (2) Stockholder. bondholder. debtor. or creditor. if in any instance the transaction or matter would affect the person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might. directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of money. service. loan, travel. entertainment, hospitality. item or promise. or in any other form. without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6). or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity. any gift for or because of: a. An official public action taken. or to be taken. or which could be taken. or an omission or failure to take a public action; b. A legal duty performed or to be performed. or which could be performed. or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated. or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift. or series of gifts from anyone person or entity. having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12. Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation. firm. partnership or business entity in which that person or the immediate family does not have a controlling © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 37 of 72 financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an 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 ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as 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 to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the 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-I I of the 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 not to 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 of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment. the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(l) through (6) or a 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) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling. decision, opinion. rate schedule. franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift. directly or indirectly. for services rendered to a third person. who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter. license, contract. certificate. ruling. decision. opinion. rate schedule. franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift. directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 38 of 72 counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(I) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section SA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-/680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan .. .11, 1969. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 39 of 72 NOTICE OF AWARD The City has considered the Proposal submitted by your firm for the Playground Equipment for Marshall Williamson Park in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the Playground Equipment for Marshall Williamson Park in the lump sum amount of $ , broken down as follows: Base Proposal: Alternate # I : Alternate #2: Alternate #3: You are required by the Instructions to Respondents to execute the Contract and furnish the required Performance Bond, Payment Bond, , Insurance Endorsements and Certificates of Insurance (see Proposal Submittal Checklist Form) within ten (10) day from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds, Insurance Endorsements and certificate of insurance within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal, revoke the award and retain the Proposal Bond/Security.. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: Steven Alexander City Manager Dated this __ day of _______ " 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ________________ _ On this the ___ day of _________ ---', 20 __ . BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 40 of 72 CONTRACT THIS CONTRACT was made and entered into on this day of , 20 __ , by and between ,hereafter referred to as "Contractor", and the City of South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment. machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 2. The Contract Documents shall include this Contract, the General Conditions to the Contract, the drawings, plans, specifications, project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which these documents refer, which are made part of those documents and that are documents prepared, or adopted by reference, by the Owner, as well as any attachments or exhibits that the Owner has made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the amount of: ~(~Sp~ell~D~o~lIa-rA~m-o-un-to-n7Iin-e~ab-o-ve~)----------------------- Dollars ($ .OO..-J, Lump Sum. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the above price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor (all as provided for in the Contract Documents), less the retainage which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of $400.00 dollars per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor, at its expense within five (5) business days after the receipt of notice from the Owner-to do so, shall furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 41 of 72 shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. 9. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work by appropriate action by the Owner and in accordance with the Contract Documents. 10. The date that this contract was "made and entered into" is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the contract. CONTRACT made and entered into on this day of , 20 __ , by and between ___________ "-hereafter referred to as "Contractor", and the City of South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City". IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. WITNESSES: (print name of Witness) (print name of Witness) AUTHENTICATION: Signature: ___________ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: Signature: ___________ __ City Attorney © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 CONTRACTOR:, ____________ . ______ ___ Signature: ______________ _ Name: _______________ __ Title: ______ __ OWNER: CITY OF SOUTH MIAMI Signature: _______________ __ Steven Alexander City Manager Page 42 of 72 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance Endorsements, Insurance policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of working days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or as deSignated by the CITY in writing and delivered to the CONTRACTOR. Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 43 of 72 Saturday. Sunday or legal holiday. in which event the period shall run until the end of the next business day that is not a Saturday. Sunday or legal holiday. Defective Work: Work that is unsatisfactory. faulty. or deficient in that it does not conform to the Contract Documents. or does not meet the requirements of any applicable inspection. reference standard. test. or approval referred to in the Contract Documents. or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized. any deficiency in the Work. materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties. (b) a Change Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract. it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified. CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Shop Drawings: All drawings. diagrams. illustrations. brochures. schedules and other data which are prepared by the CONTRACTOR. a Subcontractor. manufacturer. supplier. or distributor. and which illustrate the equipment. material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials. equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment. construction systems. standards and workmanship as applied to the Work. Subcontractor: An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date. as certified by the CONSULTANT. when the construction of the Project or a certified part thereof is sufficiently completed. in accordance with the Contract Documents. so that the Project. or a substantial part. can be utilized for the purposes for which it was intended without restriction or limitation to any degree. other than for the repair of minor "punch list" items; or if there be no such certification. the date when final payment is due in accordance with paragraph 14.9. However. in no event shall the project or portion thereof. be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion. issued by the CONSULTANT. shall be null and void if it is based on false. misleading or inaccurate information. from any source. or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work. including the fabrication of an item. but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor. services and materials used on the project. Work: Any and all obligations. duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices. demands. instructions. claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended. or to an authorized representative of such individual. firm. or corporation. or if delivered at or sent by registered mail to the last known business address. © Thomas F. Pepe, 2011-2013. All rights reserved. 7/11113113 Page 44 of 72 Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2 -PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/Performance and Payment Bond: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255.05( I), Florida Statutes, CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/l3 Page 45 of 72 performance of the Work. and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations. reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article I). prior to the date on which the Contract Time commences to run. except with the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict. error. or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm. damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict. error. or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm. damage or loss suffered by the CONTRACTOR due to any conflict. error. or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR. CONTRACTOR shall submit to CONSULTANT for approval. an estimated construction schedule indicating the starting and completion dates of the various stages of the Work. and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR. but before starting the Work at the site. a pre-construction conference shall be held to review the above schedules. to establish procedures for handling Shop Drawings and other submissions. and for processing Applications for Payment. and to establish a working understanding between the parties as to the Project. Present at the conference will be the ClTY'S representative. CONSULTANT. Resident Project Representatives. CONTRACTOR and its Superintendent. Oualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening. the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list. the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor. person. or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor. person. or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor. person or organization. Acceptance of any such Subcontractor. person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work. material or equipment. or any Work. material or equipment not in conformance with the requirements of the Contract Documents. 2.1 I If. prior to the Notice of Award. the CITY or the CONSU L T ANT has reasonable objection to any Subcontractor. person or organization listed. the apparent low Bidder may. prior to Notice of Award. submit an acceptable substitute without an increase in its bid price. © Thomas F. Pepe, 2011-2013. All rights reserved. 7/111I31I3 Page 46 of 72 ARTICLE 3-CORRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article I. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to Contract © Thomas F. Pepe, 2011-2013. All rights reserved. 71l1/13/13 Page 47 of 72 (c) Contract with all Exhibits thereto (d) Supplemental Conditions (e) Special Conditions (f) General Conditions (g) Written or figured dimensions (h) Scaled dimensions (i) Drawings of a larger scale (j) Drawings of a smaller scale (k) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 -AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power. roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the ClTYI CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITYI CONSULTANT. Differing Site Conditions: 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing. of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. and 4.4.2 Unknown physical conditions at the site, of an unusual nature. differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for. performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 48 of 72 ARTICLE 5 -INSURANCE 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts 5.0.2 5.0.3 5.0.4 5.0.5 5.0.6 5.0.7 5.0.8 which are applicable to the Work to be performed; claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; claims for damages insured by usual personal injury liability coverage; claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; claims for bodily injury or property damage arising out of completed operations; and claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Contractor's Liability Insurance: 5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 5.1.2 Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Personal Injury: $1,000,000; Medical Insurance: $5,000 per person; Property Damage: $500,000 each occurrence; Automobile Liability: $1,000,000 each accident/occurrence. Excess/Umbrella: $1,000,000 per claim Excess/Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) (b) (c) (d) (e) (f) (g) Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1.3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more © Thomas F. Pepe, 2011-2013. All rights reserved. 71l1l13f13 Page 49 of 72 restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 5.2 Before starting the Work, the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR must provide a "certified copy" of the Policy as well as providing the name, address and phone number of the agent and agency procuring the insurance. In addition, the CONTRACTOR shall deliver, at the time of delivery of the insurance certificate, an endorsement to the policy naming the City and Miami-Dade County as an additional named insured and an endorsement that requires the insurer to provide the CITY with notice, as set forth below, of modification, lapse, termination or cancellation (including cancellation for non-payment of premium) of the policy twenty (20) days prior to effective date of the modification, lapse, termination or cancellation. The notification shall be in writing and served by certified mail, with proof of deliver, on the CITY. It shall be the responsibility of the CONTRACTOR as well as the insurer to notify the City of modification, lapse, termination or cancellation of any insurance coverage or policies insuring the CONTRACTOR, which relate to the activities of such CONTRACTOR. the City of South Miami and Miami-Dade County. These endorsements shall also be reflected on the Certificate of Insurance. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to CONTRACTOR or liability to the City for such cancellation. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR and substituting the work CONTRACTOR for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk): 5.4 In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY by certified mail. Miscellaneous: 5.6 If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. 5.8 The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 50 of 72 reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As-Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor. Materials and Equipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery. tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials. Equipment. Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 51 of 72 changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to payor to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.1 I All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties: 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's © Thomas F. Pepe, 201 1-2013. All rights reserved. 7II 1113/13 Page 52 of 72 fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations: 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety and Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 53 of 72 Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in a book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 54 of 72 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions: 6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 In consideration of the separate sum of Ten ($10.00) Dollars or other valuable consideration, and unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their officers, agents and employees or any of them from and against claims, damages, losses and expenses (including but not limited to attorneys' fees) received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused in whole or in part by the negligent acts or omissions of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they are liable. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. The CONTRACTOR shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from either the negligent, willful, wanton or intentional error, omission, or act of the CONTRACTOR, its sub-contractor or assigns as well as all of their agents, representatives or employees, incident to, arising out of or resulting from the performance of the CONTRACTOR's professional services under this Agreement. The CONTRACTOR agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arfse out of actions or omissions of the CONTRACTOR, its sub-contractor or assigns as well as all of their agents, representatives or employees. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR, the City in no way assumes or shares responsibility or liability of the CONTRACTOR, or its sub-contractor or assigns, or any of thier agents, representatives or employees 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSU L T ANT. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors, sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 55 of 72 Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights-of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments. Public Utilities, Etc,: 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 6.37.2 Use Premises: The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 56 of 72 furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 -WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work shall require specific approval ofthe CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost. 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 -CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 57 of 72 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms ofthe Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site- observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 58 of 72 9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, II, and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.1 I The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10J Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2. 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE I I -CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. I 1.2 The CITY may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: I 1.2.1 Specifications (including drawings and designs); © Thomas F. Pepe, 201 1-2013. All rights reserved. 7111113/13 Page 59 of 72 I 1.2.2 Method or manner of performance of the Work. 11.2.3 CITY-furnished facilities, equipment, materials, services, or site; or I 1.2.4 Acceleration in the performance of the Work. I 1.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. I 1.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. I 1.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section I 1.7 and 11.8. I 1.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. I 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: I 1.7.1 By negotiated lump sum. I 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTs determination of reasonable costs, the CONTRACT shall provide a list of all costs together with backup documentation I 1.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami-Dade County and shall include only the following items: I 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. I 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 60 of 72 cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee. the cost of the Work shall be determined in accordance this section I 1.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR". I 1.8.4 Rentals of all construction equipment and machinery. except hand tools. and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULT ANT. and the costs of transportation. loading. unloading. installation. dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales. use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by any governmental authority. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. I 1.8.7 The cost of utilities. fuel and sanitary facilities at the site. I 1.8.8 Minor expenses such as telegrams. long distance telephone calls. telephone service at the site. expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work. not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers. executives. principals (of partnership and sole proprietorships). general managers. engineers. architects. estimators. lawyers. agents. expediters. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. including but not limited to. the correction of defective work. disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph I 1.8. I 1.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: I 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). I 1.1 I The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in I 1.8. When both additions and credits are involved in anyone change. the net shall be computed to include overhead and profit. identified separately. for both additions and credit. provided however. the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 -TIME FOR COMPLETION, LlOUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore. the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed. by and between the CONTRACTOR and the CITY. that the Contract Time for the completion of the Work described herein is a reasonable time. taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor © Thomas F. Pepe, 20\\-2013. All rights reserved. 71\1/13/13 Page 61 of 72 knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21 st day following the date of the event upon which the claim is based. ARTICLE 13 -GUARANTEE 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (I) year from the date of Final Acceptance as Indicated in the CONSU L T ANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13113 Page 62 of 72 CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis for the CITY, at the CITY's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -PAYMENTS AND COMPLETION Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a "purchase order", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 63 of 72 liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payment 14.4 The CONSUL TNT's approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques. sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the 14.5 14.6 CITY free and clear of any liens. The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials". In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the 14.6.4 14.6.5 14.6.6 probable filing or receipt thereof, the Contract Price has been reduced because of modifications, the CITY has correct Defective Work or completed the Work in accordance with Article 13. of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions ofthe Work. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 64 of 72 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.1 I The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously filed and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.5 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general aSSignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 65 of 72 equipment or he disregards laws. ordinances. rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of the CONSULTANT. or if he otherwise violates any provision of. the Contract Documents. then the CITY may. without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of the CONTRACTOR and take possession of the Project and of all materials. equipment. tools. construction equipment and machinery thereon owned by the CONTRACTOR. and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project. including compensation for additional professional services. such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance. the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section. it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default. the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT. the CITY may. without cause and without prejudice to any other right or remedy. elect to terminate the Contract for the convenience of the CITY. In such case. the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination. minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. 15.5 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested. to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR. if notified to do so by the CITY. shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies. the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such eqUipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If. through no act or fault of the CONTRACTOR. the Work is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority. or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted. or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT. within thirty (30) calendar days of its approval. and presentation. then the CONTRACTOR may. upon twenty (20) calendar days written notice to the CITY and the CONSULTANT. terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract. if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said. the CONTRACTOR may upon ten (10) calendar days' notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT. if he/she is an independent contractor. may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore. the CITY and the CONTRACTOR. hereby agree to indemnify and hold harmless the CONSULTANT as to any interpretation. de-certification of a payment application. decertification of © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 66 of 72 Substantial Completion, decertification of the Final Completion, certification of an event of default, or other action taken by the CONSULTANT pursuant to his duties as set forth in the Contract Documents. ARTICLE 16 -MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSU L T ANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 -WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 -ATTORNEYS FEES IURISDICTION I VENUE I GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami-Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 -PROIECT RECORDS 19.1 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with public records laws (s.1 19.070 I) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. © Thomas F. Pepe, 2011-2013. All rights reserved. 7111/13/13 Page 67 of 72 b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 -SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 -INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 -ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign the performance, duties, obligations and responsibilities required by the Contract without prior written consent of the City. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the aSSignment of the CONTRACTOR's rights. The City may, in its sole discretion, allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this __ day of , 20 __ , WITNESSES: CONTRACTOR: Signature: ___________ _ Name: ___________ _ Title: ___________ _ AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: ___________ _ Maria Menendez City Clerk © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Signature: ______________ _ Steven Alexander. City Manager Page 68 of 72 Read and Approved as to Form. Language. Legality. and Execution Thereof: Signature: ___________ _ City Attorney © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 69 of 72 ,,, Supplementary Conditions A. Consultant: In accordance with ARTICLE I ofthe General Conditions CONSULTANT is defined as the Principal Consultant, Civil Engineer of Record, and/or City Engineer and the CONSULTANT's name, address, telephone number and facsimile number is as follows: N/A B. Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" as defined in Article I. C. Plans for Construction: The CONTRACTOR shall be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the reproduction cost. D. Grant Funding: This project will be federally assisted through the Miami-Dade County Department Housing and Community Development ("MDCDHCD") with Community Development Block Grant funds. This funding requires that the CITY and CONTRACTOR comply with the requirements of MDCDHCD and those requirements are more specifically described in the document title "Attachment A To Bid Package" which is attached hereto and made a part hereof by reference. The following is a summary or listing of many of the requirements and documents that govern the duty of the CITY AND CONTRACTOR: I) As the contractor on this project you must comply with Presidential Executive Order I 1246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. 2) Note that contractor is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. 3) This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. 4) Please refer to "Attachment A To Bid Package", Public Housing and Community Development Federal Labor Standards and Section 3 Requirements" for Federal Labor Requirements. 5) Documents, Rules, Regulations, Executive Orders, federal code, acts and other laws that are incorporated in the bid package are: a) Notice to Bidders/Prospective Contractors (s) b) Statement of Bidders Construction Experience c) Certification Receipt d) Davis-Bacon Wage Decision FL 130226 I 5/17/2013 FL226 -Highway e) Federal Labor Standards Provisions (Form HUD-40 I 0) f) Insurance Requirements g) Provisions to be Incorporated in Construction contracts: h) Davis-Bacon Act i) Termination j) Access to Records and Retention k) Non collusion Affidavit I) Certification Regarding Lobbying m) Affirmative Action Standards n) Certification of compliance with Part 60-2: Affirmative Action Programs 0) Other Required Certifications: p) Equal Employment Opportunity, q) Affirmative Action, r) Americans with Disabilities Act, © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113/13 Page 70 of 72 q) Affirmative Action. r) Americans with Disabilities Act. s) Copland Anti-Kickback. t) Byrd Anti-Lobbying Amendment. u) Full Disclosure by the Contractor/Bidder. v) Non-Discrimination Clause. w) Age Discrimination Act of 1974 as Amended. and x) Section 504 of the Rehabilitation Act of 1973 as Amended. y) Certification Regarding Drug Free Workplace (Grantees Other than Individuals) z) Assurance of Compliance (Section 3. HUD Act of 1968) aa) Section 3 Requirements bb) Section 3 clause cc) Bidders Initial Section 3 Goals dd) Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion - Lower Tier Transactions (Certification Document and Instructions) ee) Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO I 1246) ff) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era gg) Equal Opportunity for Workers with Disabilities hh) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) ii) Equal Employment Opportunity (EEO) Clause for Contractors Subject to E) I 1246 jj) Certification of Nonsegregated Facilities kk) Notice to Prospective Subcontractors of Requirements for Certification on Non- Segregated Facilities II) Notice of Requirement -Clean Water. Clean Air. EO I 1738 and EPA Regulations Provision mm) Certification of Compliance with Federal Regulations nn) Clean Air Act 00) Federal Water Pollution Control Act. and pp) Lead-Based Paint Poisoning Prevention Act qq) Certification Regarding Debarment. Suspension. and Other Responsibility Matters (Direct Recipient) rr) Public Entity Crimes Affidavit IN WITNESS WHEREOF. the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this __ day of . 20 __ . WITNESSES: AUTHENTICATION: Signature: ___________ _ Maria Menendez City Clerk Read and Approved as to Form. Language. Legality. and Execution Thereof: Signature: ___________ _ City Attorney © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 CONTRACTOR: Signature: Name: Title: OWNER: Signature: CITY OF SOUTH MIAMI Steven Alexander City Manager Page 71 of 72 NOTICE TO PROCEED TO: DATE: PROJECT DESCRIPTION: Playground Equipment for Marshall Williamson Park, in accordance with Plans and Contract Documents as may be prepared in whole or in part by • the prime consultant and hereinafter referred to as CONSULTANT. You are hereby notified to commence Work in accordance with the Contract dated , on or before You are to complete the work within 60 working days. The date of completion of all Work is therefore ______________ _ City of South Miami BY: ____________________ __ Steven Alexander. City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by. _____________ __ on this _____ day of _______ , 20 __ . BY: TITLE: _____________________ _ © Thomas F. Pepe, 2011-2013. All rights reserved. 7111113113 Page 72 of 72 CITY OF SOUTH MIAMI ATTACHMENT A To BID PACKAGE RFP #PR20 13-08 "PLAYGROUND EQUIPMENT FOR MARSHALL WILLIAMSON PARK" ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: Project Name: Project Address: .... , ' . City of South Miami Marshall Williamson Park Improvements Project -Playground Equipment 6125 SW 68 Street, South Miami, FL 33143 Prepared by: Cathrine J Lara Revised 08/01/2013 Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: • Notice to Bidders I Prospective Contractor(s) • Statement of Bidder's Construction Experience • Certification Receipt • Davis-Bacon Wage Decision FL130168 3 07/12/2013 FL168 -Heavy • Federal Labor Standards Provisions (Form HUD-4010) • Insurance Requirements • Provisions to be Incorporated in Construction Contracts: o 1) Davis-Bacon Act, o 2) Termination, o 3) Access to Records and Record Retention, • Non-Collusion Affidavit • Certification Regarding Lobbying • Affirmative Action Standards • Certification of Compliance with Part 60-2: Affirmative Action Programs • Other Required Certifications: o 1) Equal Employment Opportunity, o 2) Affirmative Action, o 3) Americans with Disabilities Act, o 4) Copeland Anti-Kickback, o 5) Byrd Anti-Lobbying Amendment, o 6) Full Disclosure by the Contractor/Bidder, o 7) Non-Discrimination Clause, o 8) Age Discrimination Act of 1975 as Amended, and o 9) Section 504 of the Rehabilitation Act of 1973 as Amended. • Certification Regarding Drug Free Workplace (Grantees Other than Individuals) • Assurance of Compliance (Section 3, HUD Act of 1968) • Section 3 Requirements • Section 3 Clause • Bidders Initial Section 3 Goals • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Transactions (Certification Document and Instructions) • Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with DiSabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) • Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246 • Certification of Nonsegregated Facilities· • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities • Notice of Requirement -Clean Water, Clean Air, EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations o Clean Air Act, o F·ederal Water Pollution Control Act, and o Lead-Based Paint Poisoning Prevention Act • Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient) • Public Entity Crimes Affidavit i-BID PACKAGE Miami-Dade County PHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (5) This project, in whole or in part, wHl be assisted through the Miami-Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968. as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training. employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the project) .. :. ..~ ;.,' 2-NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) [CDBGj Miami-Dade County PHCD Page 3 Initials STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested information and documentation with the Bid package All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets for items marked "*". 1. Prime Contractor: -------------------------------------------------- 2. Prime Contractor Address: ------------------------------------------- 3. Name of each principal officer of corporation, partner, firm or individual: 4. Gender and Ethnicity of Principals: ________________________________ _ 5. Company Qualifier: _____________________________________________ _ 6. Years in Business: --------- 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department. License Number: State: --------------------- 8, Contractor's Certification Categories: __________________________________ _ 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) 10. Contractor's on-going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? _______ _ If so, where and Why? Page 1 of2 3· STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami·Dade County PHCD Page 4 12. Have you ever defaulted on a Contract? ___ Please explain on a separate sheet. 13. Through what personnel or affiliations do you propose to provide knowledge of local design and construction problems and methods? 14. a) The undersigned has attached a detailed financial statement and furnish any other information that may be required by Miami-Dade Office of Community and Economic Development? (initials) The Bidder promises to defend, indemnify and hold harmless the ______ :---_ (agency name) and Miami-Dade County with regard to any disclosures or information received, whether at trial, in arbitration or on appeal. (irJitials) 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on a copy of the submitted financial statement. (initials) 17. The undersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by the (name of agency) in verification of the recitals comprising this statement of bidder's experience (initials) SUBSCRIBED AND SWORN TO (or affirmed) before me on ________ _ Date By ______ ----------------- (Affiant) He/She is personally known to me or has presented ________ =_--------as identification. (Type of Identification) (Signature of Notary) (Print or Stamp Name of Notary) Notary Public (State) (Serial Number) (Expiration Date) Notary Seal Page 2 of2 3· STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County PHCD PageS CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project Marshall Williamson Park Improvements Project -Playground Equipment (Name of project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage General Decision Number FL 130168307/12/2013 FL 168- Heavy that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL 1301683 07/12/2013 FL 168 -Heavy for this project. Agency Name: Employer 10 #/FIO #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Check one, as applicable: __ Contractor __ Subcontractor Other 4· CERTIFICATION RECEIPT Miami·Dade County PHCD Page 6 Title: General Decision Number: FL130168 07/12/2013 FL168 Superseded General Decision Number: FL20120168 State: Florida Construction Type: Heavy County: Miami-Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number o 1 2 3 Publication Date 01/04/2013 04/05/2013 05/17/2013 07/12/2013 * ELEC0349-007 09/05/2011 ELECTRICIAN Total value of Electrical work on Project including Rates materials over $2,000,000 ... $ 30.11 Total value of Electrical work on Project including materials under $2,000,000 .. $ 27.15 ENGI0487-017 01/16/2010 Rates OPERATOR: Backhoe (Except Loader Combo) .•..•..•............ $ 27.57 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or 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 .........•........ $ 28.30 http://wdol.gov/wdol/scafiles/davisbaconfFL 168.dvb?v=3 Fringes 8.96 8.64 Fringes 8.78 8.78 Page 1 of5 8/1/2013 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Onder, & Over 50 Tons (With Oiler/Apprentice); Boom Truck ....................... $ 27.57 OPERATOR: Drill ................. $ 25.05 OPERATOR: Loader ................ $ 24.89 OPERATOR: Oiler ................. $ 22.24 IRON0272-005 10/01/2011 Rates IRONWORKER, STRUCTURAL ........... $ 23.94 LAB01652-004 05/01/2011 Rates LABORER: Grade Checker .......... $ 14.50 PAIN0365-007 09/01/2011 Rates PAINTER: Brush, Roller and Spray ............................ $ 19.50 SUFL2009-164 06/24/2009 Rates CARPENTER, Includes Form Work .... $ 17.00 CEMENT MASON/CONCRETE FINISHER ... $ 16.61 LABORER: Common or General ...... $ 13.09 LABORER: Landscape .............. $ 7.25 LABORER; Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) ............................ $ 10.63 OPERATOR: Asphalt Paver ......... $ 11.59 OPERATOR: Backhoe Loader Combo ............................ $ 16.10 OPERATOR: Bulldozer ............. $ 14.95 OPERATOR: Excavator ............. $ 21.16 OPERATOR: Grader/Blade .......... $ 16.00 OPERATOR: Mechanic .............. $ 14.32 http://wdol.gov/wdol/scafiles/davisbaconIFL168.dvb?v=3 8.78 8.78 8.78 8.78 Fringes 5.93 Fringes 4.67 Fringes 7.93 Fringes 2.51 5.52 1. 26 0.00 2.20 0.00 2.44 0.81 1. 67 2.84 0.00 Page 2 of5 ) 8/112013 OPERATOR: Roller ................ $ 10.95 0.00 OPERATOR: Scraper ............... $ 11. 00 1. 74 OPERATOR: Trackhoe .............. $ 20.92 5.50 OPERATOR: Tractor ............... $ 10.54 0.00 TRUCK DRIVER, Includes Dump 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 rate prescribed for craft performing operation to which welding is incidental. ==================;~~~~==============================;~=~====== 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 contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "sun denotes that the union classification and rate have found to be prevailing for that 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 Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. http://wdol.gov/wdol/scafiles/davisbaconIFL 168 .dvb?v=3 Page 3 of5 8/1/2013 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal 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.) If the answer to the question in I.} is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor http;/lwdol.gov/wdol/scafiles/davisbaconiFL 168 .dvb?v=3 Page 4 of5 8/1/2013 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers, relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ======================================~~~;====================== END OF GENERAL DECISION http://wdoLgov/wdol/scafiles/davisbaconIFL168.dvb?v;;:;::3 Page 5 of5 8/112013 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) 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 (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably antiCipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill. except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination {including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and Its subcontractors at the site of the work in a prominent and accessible, place where It can be easily seen by the workers. (ii) la) 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 additional 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 work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its deSignee agree on the classification and wage rate (including the amount deSignated for fringe benefits where appropriate), a report of the aclion taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, WaShington, D.C_ 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 3D-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 014D.) (e) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount deSignated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator. or an authorized representative. will issue a determination within 3D days of receipt and so advise HUD or its designee or will notify HUD or its deSignee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements. which Is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics. including apprentices. trainees and helpers. emplo.yed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work.. all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts, 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his 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 l(b)(2)(B) of the DaviS-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably antiCipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete communicated in writing to the laborers or mechanics affected, and records which show the costs antiCipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (II) (a) The contractor shall submit week.ly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number)_ The required weekly payroll information may be submitted in any form desired_ Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.qov/esa/whd/forms/wh34 7instr. htm or its successor site. The prime contraclor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker. and shall provide them upon request to HUD or its designee if the agency is a party to the contract. but if the agency is not such a party. the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements, It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records. without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5_5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Page 2 of5 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. (e) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(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 United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(I) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If th.e contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may. after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29CFR5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for prObationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing wOik on the job site in excess of the ratiO permitted under the registered prog ram shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) speCified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the fuJI amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines th'at a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to ulilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour DiviSion determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Page 30t5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by 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 for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment, A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and .7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10, (I) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be Previous editions are obsolete awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (IIi) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C .. "Federal Housing Administration transactions', provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration ..... makes, utlers or publishes any statement knowing the same to be false ..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees, No laborer or mechanic to whom the wage, salary, or other labor standards provIsIons of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any com plaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Colum bia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechaniC, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or Its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower lier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph Care applicable 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 of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54. 83 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 or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete Page 50f5 form HUD-4010 (06/2009) ref. Hand book 1344.1 INSURANCE REQUIREMENTS The term "Contractor", as used in this document, refers to the entity providing construction type services. The terms "owner" and "sub-recipient" are used interchangeably, and refer to the entity receiving Federal funds directly from PHCD. l. Based on the type of project. the Contractor shall acquire the following insurance and submit necessary certificate(s) and original policies described hereunder. A. New Construction projects include construction of a new building; addition of dwelling units outside the existing walls of a structure, etc. 8. Major Rehabilitation includes additions to existing buildings; installation of new infrastructure; rehabilitation of existing structures (costs at or over 25% of the value of the property), etc. C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures -moderate home rehab; repairs and rehab to homes such as installation of new windows, shutters, doors, interior renovation, (costs not to exceed 25% of the value of the property); and the actual acquisition of land and for the purpose of developing affordable housing units (does not include actual construction of the units). D. Commercial Revitalization includes rehab to the fat;:ade of existing structures to enhance the neighborhood and its surroundings. II. Insurance required by project type: PROJECT TYPE A. New Construction B. Major Rehabilitation C. Minor Rehabilitation and Land Acquisition D. Commercial Revitalization A. New Construction B. Major Rehabilitation D. Commercial Revitalization C. Minor Rehabilitation and Land Acquisition A. New Construction B. Major Rehabilitation A. New Construction B. Major Rehabilitation C. Minor Rehabilitation and Land Acquisition D. Commercial Revitalization A. New Construction B. Major Rehabilitation REQUIRED CERTIFICATE(S) OF INSURANCE Worker's Compensation Insurance-for all employees of the Contractor as required by Florida Statute 440. Professional Liability Insurance-in the name of the Contractor or the licensed design professional employed by the Proposer in an amount of not less than $250,000. Commercial General Liability -on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. Commercial Ganeral liability -on a comprehensive baSis, including Explosion, Collapse and Underground Liability coverage in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional Insured with respect to this coverage. Commercial General Liability -on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury'and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance-covering all owned, non-owned and hired vehicles used in connection with the work, in an amount nolless than $500,000 combined single limit per occurrence for bodily injury and property damage, ' Completed Value Builder's Risk Insurance-on al "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of the sub-recipient and the Contractor, and Miami-Dade County must be listed as a loss payee. All insurance requirements must be verified at the time of the pre-construction meeting. Page 1 of2 6 -INSURANCE REQUIREMENTS Miami-Dade County PHCD Page? III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk" which may be dropped after sUbstantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or 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 of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its 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. Page 2 of2 6 -INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 8 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS L-________________________________ ~. A. "DAVIS-BACON" ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract, subcontract, and any lower-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 General Decision Number FL 130168307/12/2013 FL 168 -HEAVY or this project." E. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the 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 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provisions for termination are as follows: 1. Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor/Owner upon no less than ten (10) working days' notice when the Principal Contractor/Owner determines that it would be in the best interest of the Principal Contractor/Owner and the Public Housing and Community Development (PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Page 1 of3 7 -PROViSIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 9 Initials 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 would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. The Principal Contractor/Owner, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this contract. The Principal Contractor/Owner shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The Principal Contractor/Owner shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, the Principal Contractor/Owner may terminate this contract upon no less than twenty-four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate, renegotiate and/or adjust the contract award whichever is in the best interest of the Principal Contractor/Owner. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor/Owner through Board of County Commissioners' action, the Principal Contractor/Owner may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract, in whole or in part, when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four (24) hours' notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's/Owner's right to legal or equitable remedies. Page 20t3 7· PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami·Dade County PHCD Page 10 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 to meet its 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 for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in 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 of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Page 3 of3 7· PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami·Dade County PHCD Page 11 , . ~ ." Initials NONCOllUSION AFFIDAVIT STATE OF: COUNTY OF: __________________ __ _______________ , being first duly sworn, deposes and says that: (1) He/she is ____________ of ____________ , the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) _______ _ Title Subscribed and sworn to before me this ___ day of , 20 __ My commission expires: ____ _ 8 . NONCOLLUSION AFFIDAVIT Miami-Dade County PHCD Page 12 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements in excess of $100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: Print: --------------------------------------- Title: Date: Business Address: 9· CERTIFICATION REGARDING LOBBYING Miami-Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to 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 to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons,. superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minOrity and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. Page 1 of5 10 -AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 14 Initials To Demonstrate Compliance: Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply_ 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must (a)·include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. Page 2 of 5 10 • AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 15 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with a" employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify 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, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom 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, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tag line" on the bottom; and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and tests to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and 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 30f5 10 -AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 16 Initials . ".: >. -,:. I, 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 opportunities and must have responses received and results noted on letters or in a follow- up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel flies, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12, above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e) the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. Page 4 of 5 10· AFFIRMATIVE ACTION STANDARDS Miami·Dade County PHCD Page 17 .. :.:" To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, including circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded or jOint ventures participated in with dollar amounts; have copies of solicitations sent to minority and women's contractor associations or other business associations. 16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative action posture. Page 50f5 10 -AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 18 Initials < ..... . CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for each of his establishments; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Agency Name: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: __ Contractor __ Subcontractor Other Employer 10 #/FIO #: Title: 11 -CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS Miami-Dade County PH CD Page 19 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has _, has not _, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has _, has not _ filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) B. AFFIRMATIVE ACTION The bidder represents that (a) it has _ developed and has on file, has not __ developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not _ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1013 12· OTHER CERTIFICATIONS Miami·Dade County PHCD Page 20 E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has n9t used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to 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 to a contract or subcontract in excess of $25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to _-:---_--:-__ ~-_-(name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will 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 to· (name of implementing agency) as to whether as of the time of award it or any of its principals is 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 shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. . " " . Page 2 of3 12 -OTHER CERTIFICATIONS Miami-Oade County PHCD Page 21 , . H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Agency Name: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: Contractor --- ___ Subcontractor Other Page 30f3 12 -OTHER CERTIFICATIONS Miami-Dade County PHCD Page 22 Employer 10 #/FIO #: Title: CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988~ and implemented at 28 CFR Part 67, subpart F~ for grantees, as defined at 28 CFR part 67 Sections 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, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the 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 violations occurring in the workplace; (c) Making it a requirement that each employee to be 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, as a condition of employment under the grant, the employee will (1 ) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (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 under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13· CERTIFICATION REGARDING DRUG·FREE WORKPLACE Page 23 Miami-Dade County PHCD (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). B_ The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check 0 if there are workplaces on file that are not identified here. Agency Name: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: __ Contractor __ Subcontractor Other Page 2 of2 Employer ID #/FID #: Title: 13 -CERTIFICATION REGARDING DRUG-FREE WORKPLACE Page 24 Miami-Dade County PHCD ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3. requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in sUbstantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: __________________ _ SIGNATURE: _________________ __ ADDRESS: DATE: 14 -ASSUR/INCE OF COMPLIANCE (Section :1, HUD ACT of j 968) Miami-Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: a. Set forth the approximated number and dollar value of a/l contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph (a) and the availabifity of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi-skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the reqUirements of these regulations. Page 1 012 15 • SECTION 3 REQUIREMENTS Miami-Dade County PH CD Page 26 Applicant. recipient and contractors should insert plan for utifization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will· ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, reCipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3, please contact: Penelope Bivins, Resident Services Coordinator Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, Florida 33136 Office: 786-469-4133 Email: Section3@miamidade.gov Page 2 of2 15 -SECTION 3 REQUIREMENTS Miami-Dade County PHCD Page 27 SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that 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 labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both 'employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the antiCipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 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 regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 16 -SECTION 3 CLAUSE Miami·Dade County PHCD Page 28 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least __ percent (%) from the Section 3 Covered Area (Dade County, Florida). 4. The Bidder estimates that percent (%) of those materials purchased for use on this project will be from business located in the Section 3 Covered Area (Dade County. Florida) I, (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public Housing and Community Development. Agency Name: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: ___ Contractor ___ Subcontractor Other Employer 10 #/FIO #: Title: 17 -BIDDER'S INITIAL SECTION 3 GOALS Miami-Dade County PHCD Page 29 ~." .. ~ . ';.,' ", . ~.-------------------------------------------------------------------~ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS ~-------------------------------------------------------------------~ INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at anytime the prospective lower tier participant learns that its 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 covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. Page 1 of 3 18 -CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INElIGISll TV AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government. the department or agency with which this transaction originated may pursue available remedies. including suspension and/or debarment. Page 2 of3 18 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION. INELlGIBfL 1Y AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer 10 #/FIO #: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor --- Subcontractor -- Other Page 3 of3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY 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 out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in 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 that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. [ Agency Name: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: ___ Contractor __ Subcontractor Other Employer 10 #/FIO #: Title: 19 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 33 .......... EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: i. recruitment, advertising, and job application procedures; Ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of payor any other form of compensation and changes in compensation; iv. job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. leaves of absence, sick leave, or any other leave; vi. fringe benefits available by virtue of employment, whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 1 of3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD Page 34 'i 1 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or tess. This term includes full-time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b) who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established urecall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or 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) I n the event of the Contractor's non-compliance with the requirements of this 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 2 of3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Oade County PHCD Page 35 , '." ":<':':: : ," ~ .. 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 10) The Contractor will notify each labor union or 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 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon 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 direct to enforce such provisions, including action for non-compliance. Agency Name: Employer 10 #/FIO #: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor --- ___ Subcontractor Other Page 3 of 3 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami·Dade County PHCD Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: x. Recruitment, advertising, and job application procedures; xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of payor any other form of compensation and changes in compensation; xiii. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; xiv. Leaves of absence, sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act 3) In the event of the Contractor's non-compliance with the requirements of this 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. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ 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 read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Page 1 of2 21 -EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami·Dade County PHCD Page 37 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employmentindividuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such provisions will be binding upon 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 direct to enforce such provisions, including action for non-compliance Agency Name: Employer 10 #/FIO #: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor -- __ Subcontractor Other Page2of2 21 . EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami·Dade County PHCD Page 38 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all 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 (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Page 1 of 10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami·Dade County PHCD Page 39 ' ....... :.: ... -- The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami-Dade County, Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, ifany). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. Page 2of10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7, The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor, The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; proyided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Page 3 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 1'1246) Miami-Dade County PHCD Page 41 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, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: -Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). -Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race) . . -Asian and Pacific Islander (all persons having origins in any of the 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 in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification) . 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Page 4 of10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 42 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 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 upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Page 5 of 10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTiVE ORDER 11246) Miami-Dade County PHCD Page 43 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or 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 to minority or female individual working at 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 or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or partiCipate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. Page 6 of 10 22 -NOTICE OF REQUIREMENT FOR AFFiRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 44 Initials f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. I. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to 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 to recruit 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 to do so under 41 CFR Part 60-3. Page 7 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami·Dade County PHCD Page 45 ' .. ". -~. . I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that theEEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to 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 circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (7) a. through (7) p. The efforts of a contractor association, joint contractor-union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling anyone or more of its obligations under (7) a. through (7) p. of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Page 8 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, 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 in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Page 9 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 1124S) Miami-Dade County PHCD Page 47 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 10 of 10 22· NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 48 Initials 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 of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of2 23 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PH CD Page 49 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order ofthe Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter'into such litigation to protect the interests of the United States. ... > ...... : ..... By: Print: Title: Date: Business Address: Page 2 of2 23 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time 'clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom. or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; 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 certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: ________________________________ ___ Print: ________________ _ Title: Date: Business Address: Page 51 24· CERTIFICATION OF NONSEGREGATED FACILITIES Miami·Dade County P-'-'HC=D __________________ --, NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FjOR CERTIFICATION OF NON SEGREGATED FACILITIES -------------------- A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (Le., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer 10 #/FID #: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor -- Subcontractor -- Other 25, NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County PHCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857 c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that. as a condition for the award of the contract. prompt notice will be given of any notification received from the Director, Office of Federal Activities. Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Name of Bidder Authorized Signature Date 26 -NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION' Miami-Dade County PHCD Page 53 . -"." "~:-:.<' . " CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Name of Bidder Signature Date Official Address (including Zip Code) 27 -CERTIFICATION OF COMPLIANCE WITH FEDERAL REGUlATIONS Miami-Dade County PHCD Page 54 ,-~ .: .. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Name of Bidder Signature Date Official Address ~includin9 Zip Code) 28 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MAnERS (DIRECT RECIPIENT) Page 55 Miami-Dade County PHCD SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to ______________________________ _ by ________________________________________________________ __ (Print individual's name and title) For (Print name of entity submitting sworn statement) whose business address ___________________________ _ and if applicable its Federal Employer Identification Number (FEIN) is ______ If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and 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, means a finding of guilt or a conviction of a 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, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 1 of3 29 -PUBUC.ENTrrlY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a contrOlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ____ Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 of3 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 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. (Signature) Sworn to and subscribed before me this ____ day of ________ , 20 __ . Personally known _________________________ _ Or produced identification ____ ----'-___ _ Notary Public-State of _____ _ (Type of identification) My commission expires ____ _ (Printed. typed or stamped commissioned name of notary public) Page 30f3 29 -PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade Couoty PHCD Page 58 CITY OF SOUTH MIAMI ATTACHMENT B To BID PACKAGE RFP #PR20 13-08 "BOUNDARY SURVEY FOR MARSHALL WILLIAMSON PARK" . , , , , r--. ----.. -----., :'l ~t· fi! li rr--r-r---.---.---. tiL -.-L. _ {. ~J; • d , ._ ". __ ,., ____ ...f. .. _ . r .. ~ , r , ~ Z "\ .... 'f '\ IfJ J. , . "I l ... II f " . . . . fa '., I • .6 e I ADDENDUM No. #1 Project Name: Playground Equipment for Marshall Williamson Park RFP NO. PR2013-08 Date: August 7, 2013 Sent: FaxiE-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1 : I would like to know the project budget or estimate for Playground Equipment for Marshall Williamson Park. Answer to Question # 1 : The project estimate is $83,000, including equipment and installation. Question #2: Is a Proposal or Bid Bond required with the submittal? Answer to Question #2: No, a Proposal or Bid Bond is NOT required. Question #3: Is a Performance Bond required with the submittal? Page 10f2 Answer to Question #3: Yes, a Performance Bond is required with the submittal. Question #4: Is a Payment Bond required with the submittal? Answer to Question #4: Yes, a Payment Bond is required with the submittal. NOTE: REFER TO THE REVISED "PROPOSAL SUBMITTAL CHECKLIST FORM" DATED AUGUST 7, 2013, COPY ATTACHED TO ADDENDUM NO. I. RESPONDENTS ARE TO SUBMIT THE "PROPOSAL CHECKLIST FORM" DATED AUGUST 7. 2013. WITH THEIR SUBMITTAL IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 2 of2 ADDENDUM No. #2 Project Name: Playground Equipment for Marshall Williamson Park RFP NO. PR2013-08 Date: August 9,2013 Sent: FaxlE-maillwebpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # I : So we can better match your minimum requirements, which playground manufacturer's part names are being used for your requirements in both the 2-5 & 5-12 units. Answer to Question # I : Manufacturer's names are not being used. Playground equipment quoted should include the design elements identified in the Scope of Services. Question #2: What is aTopper? Is it a Plastic Roof, an accent (like a flag) or an Integrated Shade Canopy? Answer to Question #2: A topper is a roof-like structure made of plastic or a composite material. Page 10f3 Question #3: No Safety Surfacing has been mentioned in this RFP. Was that overlooked or to be provided By Others? Please explain. Answer to Question #3: Safety surfacing was not overlooked and is not required by contractors responding to the RFP. The City intends to use an ADA approved mulch that would be supplied by Amerigro or other manufacturers. Question #4: In order for us to know what size borders we'll need, we need to know the depth of the safety surfacing, which is determined by the Fall Height and the type of Safety Surfacing used. Answer to Question #4: The border was included by law. The City must provide seven feet around the whole structure, (the borders are already in place), or (EXISTING) concrete. Question #5: What type and size Borders are you looking for? Answer to Question #5: ANSI standards dictate that for every foot a child 'could fall the surface is to flex one inch, footers for these units are posted at three feet this would give you more than ample fall zones by ANSI or ASTMA guide lines. Question #6: What type and thickness sub-base are you going to use? Answer to Question #6: The sub-base the City will use is Mulch and, will be applied and supplied by the City Page 2 of3 Ouestion #7: Would it be possible to obtain a better pdf version of the site survey? It is impossible to interpret the dimensions for the scanned copy attached to the bid. Answer to Question #7: The City is in process of securing a current site/boundary survey, but it is not available at this time. A Mandatory Pre-Proposal meeting is scheduled for Monday, August 19, 2013 at lOAM. The Pre-Proposal meeting is scheduled to begin at the City Hall Chambers location but will eventually move to the Marshall Williamson Park site. Interested firms may take measurements at that time; or, interested firms may visit the site at their discretion. Please refer to Page #2 of the RFP for instructions for the Mandatory Pre-Proposal Meeting. Ouestion #8: Composite structure is requested. Is that recycled plastid Answer to Question #8: A composite structure as it is defined in the Scope of Services is any material excluding wood. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of3 ADDENDUM No. #3 Project Name: Playground Equipment for Marshall Williamson Park RFP NO. PR2013-08 Date: August 20, 20 I 3 Sent: FaxiE-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # 1 : Will the curb be reused for the Ages 5-12 playground site? Answer to Question #1: Yes, the curb is to be reused. Question #2: What type of safety surface is required? Answer to Question #2: An ADA compliant wood fiber spray safety surface is to be provided by the contractor. The ADA requirement must be Ground Level Complaint and meet IPEMA or ANSI standards. Question #3: Which playground sites are to be demolished? Page 1 of3 Answer to Question #3 The contractor shall demolish and remove all existing playground equipment at the park. The site with the swing and footers shall be removed. No equipment will be installed on this site only. The contractor will be providing a "turnkey" service; demo and installation of new equipment on the remaining two playground sites. Question #4: Can you clarify the "Topper" specification? Answer to Question #4: The "Topper" is a shade structure only. The Topper will apply to the Ages 5 -12 specifications. Contractors may quote two options: (I) Plastic, (2) Shade Umbrella Element. Toppers are not to be included with the Ages 2 -5 specifications. Question #5: Can you clarify the "Sandbox" specification for the Ages 2-5 unit? Answer to Question #5: The "Sandbox" is to be eliminated from the Ages 2 -5 specification. Question #6: Can you explain the "ADA Sky Climber for the Ages 5 -12 specification? Answer to Question #6: The ADA Sky Climber requirement is revised to an "ADA Transfer Point." Question #7: Is there a minimum post size specification? Answer to Question #7: The minimum post size is 3.5" Question #8: Is the contractor required to provide construction, (chain-link) or safety fencing on the site. Page 2 of3 Answer to Question #8: The contractor shall provide orange safety fencing; chain-link is not required. Question #9: Can you explain the specification. "Alphabet Blocks" for the Ages 2 -5 unit? Answer to Question #9: "Alphabet Blocks" are described as plastic blocks. Question # 10: Can you explain the specification. "15 ft Board Walk" for the Ages 5 -12 unit? Answer to Question # I I: The 15 ft Board Walk is a suspended bridge. Question # 12: Can you explain the specification. "5 ft Climb Rope for the Ages 5 -12 unit? Answer to Question # 12: The "Climb Rope" specification is revised to 7 ft to lOft. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of3 ADDENDUM No. #4 Project Name: Playground Equipment for Marshall Williamson Park RFP NO. PR2013-08 Date: August 21, 20 I 3 Sent: FaxlE-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposal (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Ouestion # I: Doug Baker mentioned he may have an additional site plan with current measurements. Has this been located? Answer to Ouestion # I: No. The only site plan available is included with the RFP. Question #2: Wood Fiber Surfacing -At the meeting you mentioned this was not part of our scope; however, in addendum #3 Question 2 -you state this is to be included. Which is correct? Answer to Question #2: Addendum #3 is correct and, Page #4 of the RFP, "Scope of Services," Section II Border Material/Site Locations states the following: 5. The awarded vendor will prep the site locations for the installation of the proposed playground equipment and provide concrete, mulch or any type of safety surface required. Page 1 of3 In addition, Addendum #2, "Question #3" and the "Answer to Question #3" is incorrect. As per the "Scope of Services," the contractor is responsible to prep the site locations for the installation of proposed playground equipment. An ADA compliant wood fiber spray safety surface is to be provided by the contractor. The ADA requirement must be Ground level Complaint and meet IPEMA or ANSI standards. Question #3: Addendum #3 Question # 10 -No Answer listed to this question (this is part of I I ... righd) Answer to Question #3: Correct, the numbering for the answer to "Question # I 0" is incorrect and is listed as "Answer to "Question # I I." The correct number is "Answer to Question # I 0" and the answer to Question # lOis follows: The 15 ft Board Walk is a suspended bridge. Question #4: Addendum #3 Question # I I -It was stated at the meeting that the suspended bridge need only be 6-10' in length. Answer to Question #4: The numbering for the answer to Question # 12 is incorrect. The correct number is "Answer to Question # I I" however, the answer is correct The "Climb Rope" specification is revised to 7 ft to lOft. Question #5 I have noticed a conflict in Addendum # 2 and Addendum # 3. Addendum # 2, Dated August 9 2013, Question # 3 references the Safety Surfacing and states that the Safety Surfacing is by the Owner/Others. Addendum # 3, Dated August 20, 2013, Question # 2 references Safety Surfacing and states that the contractor is to supply the safety surfacing. Are you now asking the contractors to supply and install the safety surfacing in Addendum # 3 or was this a mistake? Answer to Question #5: Please refer the "Question #2" and the "Answer to Question #2." Page 2 of3 Question #6: The Bid Documents makes reference to not having to supply a Bid Bond at time of Submittal but it does make reference to supplying a Performance and Payment Bond at time of bid submission. As far as I know. no Bonding company will issue a Performance & Payment Bond with an executed Contract in place. The actual Performance and Payment Bond cost money to obtain so could you please clarify if the P&P Bonds are required at bid submittal or after executed contract. Answer to Question #6: Performance and Payment Bonds are a condition to proceed with an executed contract but are not required with the Bid Submittal. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FORA SPECIFIC SOLICITATION. Page 3 of3 Pre-Bid Sign-In Sheet Date: RFP Title: RFP No.: 10 11 Pre-Bid Conference Sign-In Sheet August 19, 2013 Playground Equipment for Marshall Williamson Park PR -2013-08 C:\Users\skulick.CSM I \Documents\South Miami\Templates\Pre·B id Meeting Sign-In Sheet.doc Resolution 93-13-1 391 I (CDBG Contract for Marshall Williamson Park Improvements) RESOLUTION NO. 93-13-13911 A Resolution authorizing the City Manager to execute FY 2013 Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PH CD) for the Marshall Williamson Park Improvements Project in the amount of $115,000. WHEREAS, the Mayor and City Commission desire to accept the grant from Miami- Dade County administered by and through its Department of Public Housing and Community Development (PHCD); and WHEREAS, the Agreement will provide funding for much needed park improvements at Marshall Williamson Park; and WHEREAS, the Agreement wilt provide funding for the demolition of three playgrounds, installation of two playgrounds, installation of a basketball half-court, park amenities, tree canopy and repair of sidewalks at Marshall Williamson Park; and WHEREAS, the Agreement requires matched funding in the amount of $85,778.00 for construction of bathroom facilities funded by the SMCRA and; WHEREAS, the grant period begins on January 1, 2013 and ends on December 31, 2013. WHEREAS, the Mayor and City Commissioners desire to have the City Manager execute the grant agreement in an amount of $115,000; AND CITY Section 1: The City Manager is hereby authorized to execute the grant agreement with Miami-Dade County Department of Public Housing and Community Development (PHCD) for the Marshall Williamson Park Improvements Project in the amount of $115,000. The grant agreement is attached to this resolution. Section 2: This resolution shall be effective immediately after the adoption hereof. Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity ofthe remaining portions of this resolution. Section 4. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. Res. No. 93-13-13911 PASSED AND ADOPTED this 7th, day of MaY_,2013. ATTEST: APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Harris: Yea Commissioner Newman: Yea Commissioner Welsh: Yea \ ,"" 2 To: From: 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 k'ted fiii'P 2001 Date: May 7, 2013 Agenda Item No.: <g" --------"----""-""-"---""------""" --- SUBJECT: BACKGROUND: EXPENSE ATTACHMENTS: A Resolution authorizing the City Manager to execute FY 2013 Community Development Block Grant agreement with Miami-Dade County Public Housing and Community Development (PHCD) for the Marshall Williamson Park Improvements Project in the amount of $115,000. The City of South Miami was awarded funding for Marshall Williamson Park Improvement Project under the Community Development Block Grant (CDBG) Program in a total amount $115,000 through Miami-Dade County, Public Housing and Community Development (PHCD). The grant will provide funding for much needed park improvements at Marshall Williamson Park. Specifically, the grant will provide funding for the demolition of three playgrounds, installation of two playgrounds, installation of a basketball half-court, park amenities, tree canopy and repair of sidewalks at Marshall Williamson Park. In fiscal year 2013, the South r-1iami Community " Redevelopment" Agency is funding the M"~fftt1eeI6M er r59U', eem f~elllmR ~r IUI~'I~I'9n" ml9iT1~ell "~tJIj~m rll~ amount of $85,778, which will serve as matched funding for this grant agreement. The grant period begins on january I, 2013 and ends on December 3 I, 2013. $1 15,000.00 Grant Contract with Miami-Dade County, Public Housing and Community Development Resolution Number #R-165-13 Duns Number #O~4628976 Awarded Amount $115,000 CDBG 2013 Municipality FY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI Please be advised that although the United States Congress has approved the FY 2013 budget, Congress may reduce funding intended for the above referenced program, which may impact your FY 2013 allocation and this Agreement. It is important that Awardee (as defined below) understand that the amount set forth in this Agreement is the anticipated funding, and the actual amount shall be up to but not exceed the anticipated amount. This Agreement is subject to change or termination in the event that federal funding is reduced from the amount anticipated by the County at the time of execution of this Agreement. This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami-Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and Cit'LQLSouth Miami, hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive, South Miami, FL 33143, and telephone number of (305) 668-2510, states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 14th Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and welfare of the residents throughout the County a; and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities; and WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and WHEREAS, the County has appropriated $115,000 of CDBG funds to the Activity Mar'shall Williamson Park Improvements located at 6125 S,W. 68 Street. South Miami, FL 33143. All CDBG funds awarded to County Departments and municipalties, such as Awardee, shall be in the form of a grant conditioned upon Awardee meeting a CDBG national objective pursuant to the terms and conditions set forth herein, including but not limited to Section II, W(2)(a)(1)-(2); and WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of Services", in Miami-Dade County or the focus area(s) of the county. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. DEFINITIONS PHCD 24 CFR Part 570 -CDBG Regulations Community Development Corporation Public Housing and Community Development or its successor Department. Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended -Community Development Block Grant. A local agency that is organized to meet community development needs with particular emphasis on the economic development, housing and revitalization needs of low-and moderate-income area Page 1 Local Low-and Moderate-Income Individual or Family Very Low Income Individual or Family Contract Records or Agreement Records Federal Award Property Policies and Procedures Manual Subcontractor or Subconsultant Subcontract II. THE AWARDEE AGREES: residents and which is receptive to the needs expressed by the community. Having headquarters in Miami-Dade County or having a place of business located in Miami-Dade County from which the Contract or Subcontract will be performed. A person or family whose annual income does not exceed 80% of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. A person or family whose annual income does not exceed 50% of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. PHCD's Policies and Procedures Manual f/k/a Contract Compliance Manual may be viewed and downloaded at http://www.miamidade.gov/housing/community-development.asp Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A 1) of this contract. Any contractual agreement between a Subcontractor and the Awardee. A. The Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of the County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low- and moderate-income persons. Therefore, Awardee shall carry out the Activities in such a manner as to satisfy a National Objective. B. Insurance Requirements Upon PHCD's notification, the Awardee shall furnish to the Department's Community and Housing Management (CHMD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136, relevant certificate(s) of Insurance evidencing insurance coverage for the activity as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami-Dade County's Internal Services Department prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Page 2 Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to PHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment 1 of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services, the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. Indemnification The County shall not assume any liability for the acts, omiSSions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of an kind or nature in the name of the unt, where a Jlicabl --!late Awardee expressly understandS and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County or Awardee (if Awardee is a municipality). Nothing herein shall be construed to extend the County's or Awardee's liability (if Awardee is a municipality) beyond that provided in section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the County or Awardee (if Awardee is a municipality) to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LMI). (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective. In the event the CDBG funds subject to this Agreement are to be used for the acquisition or irnprovement of real property, the Awardee shall also be required to give the County a mortgage or other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's designee in order to secure the loan described in this Agreement. Title work and a title insurance policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's Page 3 designee in order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. F Documents and Reporting Requirements The Awardee shall submit documents to PHCD or report on relevant information to PHCD as described below and provide any other documents in whatever form, manner, or frequency as prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with applicable County and Federal requirements. The original to be received by PHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. Awardee shall comply with the insurance requirements set forth in Attachment 1. 2. Progress Reports a. The Awardee shall submit each quarter a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which shall describe the progress made by the Awardee in achieving each of the Activities, objectives and action steps identified herein, including but not limited to Attachment A and Attachment A-i. The Awardee shall ensure that PHCD receives each report in triplicate (or as indicated) no later than 10 days after the quarter ends. The Awardee shall submit to PHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I -General Information Section" • Financial Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III -Status of Contracted Activities: The Awardee must -reportspeeific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low-moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Awardees engaged in job creation projects shall report on the progress of their activities including the names of businesses assisted, the number of jobs created and the income qualification of individuals holding the jobs created. 50% and 70% Benchmark Reporting: At the time Awardee has been paid or Q!llervvis§!-.-!_t;;.Q§iY.£fL1LflL.!?r:;C<:;5'_.DL. (5Q'Y~1. and seve n!LJ2§!cent.i?O% L. of _Jb.Q 6.m:_e_~rI,-elltEIdIJ\J.~..L.6.Y.!@r~lQ.('Lm~g;t reQort -> on the next progress fel?911SiU.e -> _@m4 ~..Id.!:lmiL9g.t::JJmQ.IJlj'ltiQflJQj;i]ow sufficient to show that Awmg£:i<;,J.@S>_.!:~.Q§..Q.mplished Page 4 f· 50(Yc, anci]Q('l'oLI~C';llS:S!.~,{E;dYL_9Lthe _ Act ivilies d_~c.s..l::ljb{)d hqH:,Jl1"-Eill_ Awardees engaged in construction and/or housing rehabilitation projects, Awardees shall report on the progress of their activities including the number of housing units completed and occupied by low-moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Awardees engaged in job creation projects shall report on the progress of their activities including the names of businesses assisted, the number of jobs created and the income qualification of individuals holding the jobs created. In conjunction with the progress reports submitted, Awardee shall submit the Performance & Benefit Data Supplement (the "Supplement") to the Quarterly Expenditure & Progress Report. The Supplement shall be considered a part of the progress reports due pursuant to this Agreement. Section 111-Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report) -The Awardee shall report to PHCD the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to PHCD no later than 10 days after the first and third quarter. Section IV -Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) -The Awardee shall report to PHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to PHCD no later than 10 days after the first and third quarter. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the. County to show Awardee hi3sperformed its obligations §@t ,,,,rln h111;lg"~~i@@!ni@itt'8rl@l'U!9 ~'n!lOV·f3.8.·ra3e· HfgrJ~to§ie@Hf'lfj§ 1l*t@t"HT@" C" national objective. and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Agreement. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five (5) days written notice of such action to be taken. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami-Dade County Resolution No. 1634-93 will apply to this Agreement. This resolution requires the Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women-Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. Page 5 c. Unspecified Site(s) Objective -If the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section II, Paragraph F.4. of this Agreement. Copies of the above described Progress Report shall be received by PHCD no later than the tenth (10th) day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II, Paragraph F.2.a and Paragraph F.3. 3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall submit a cumUlative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year beginning on January 1 and ending on December 31 and shall be received by PHCD no later than 10 days after the year ends. The Final Progress Report submitted by Awardee shall include a summary of services and accomplishments Awardee performed and achieved throughout the term of this Agreement and shall be accompanied by sufficient documentation to show Awardee has met the CDBG National Objective. For Activities where the National Objective is job creation, the Final Progress Report shall include documentation sufficient to prove to U.S. HUD that Awardee met the National Objective. 4.E;llvir.9nmental Review -The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." N ot'Nit •. bf:!.~ill.9i nq a fly pr()visiQ!1 .. (?Lj!Ji~.l\g[~'-~lJ?[ltLJtlf~_.J~9Jli§.§.......bereto_.'J9!:~~ ..... i'iEQ acknowledgf) tr!ilLtbl~LJ)gn~ernenl dg§§ .. nQL92f!~tl1~!tsL£.....r;;9JItcl}ilm§IJLQUl.mds or SUQ 9J?J2LQy.§L.S}!l1.1tl a t s u cluo IIi In i i!ILC:Ill2fJ.fJ nd S 0 r -'illP rov <!lJ!Ji3.Y.Q.Q;.!ll onlY.JdRO r.l.~?li?fi3.c:tQr:Y completion of ~D'LiI9nmental review aJl~.LlELc:;.§lf2LQy..lhe County QL§,J,g.i§§§..8w.QU.l,lillls fmm !h1"'=-lL2,,".QQQilllmenl of 1-lousLlJ.g._S!n£L~)rbQr:r Development .~fD.q§'[2:L.CFR Part 58_1J:r<? parties further agre<?_Jb.i3t the provision of i3!J.Y...flJrrQ!LlQ.1lliL'pfOject j§.G.Q.Il.QLtigned on the LQLJn.t:v:~?determination to Q!Qf:;.i:'.@.(LWith, modify or cancl;).UbgJl.rQj9J:;.Lpased on the res.L.IL\?Qf a subsequent environmental review. 5. Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non- compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A- 133. 6. Personnel PoliCies and Administrative ProceQll.r:.e~ -The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures. personnel management, accounting policies and procedures, etc. Such information shall be submitted to PH CD within 30 days of the execution of this Agreement. '1. Inventory Repofi -The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as speCified in Section II, Paragraph W of this Agreement. 8 6rurmative Action Plan -The Awardee shall report to PHCD information relative to the equality of employment opportunities whenever so requested by PHCD. 9. Dis<;:lQ§J1C~.QfJs.~L(3ted or Affiliated Par:tLe§ -At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b) which have a parent or principal thereof which has a Page 6 direct or indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non-compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award. and the disqualification of funding through PHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal ProQf?,i!Y -Awardee shall notify the County in writing within ten (10) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. G. Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or 011 behalf of the undersigned, to any persoll for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with th.e awarding of entering into of any cooperative Agreement, and the extension, continuation. renewal, amendment, or modification of any federal Agreement. grant, loan, or cooperative Agreement. 2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard FormeLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. Federal, State, and County Laws and Regulations Rules, Regulations and Licensing Requirements Page 7 1. The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified in PHCD's Policies and Procedures Manual found at http://wvvw.miamidade.gov/ced/PnP.asp, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2 The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County Code"). as amended, applicable to non-discrimination in employment, housing and public accommodation. 3 Awardee shall comply with, and cause all subcontracts to require compliance with, Florida Statutes, the Miami-Dade County Code of Ordinances, and all applicable building codes, including the Miami-Dade County Building Code and any applicable municipal building code. Failure of Awardee or any subcontractor of Awardee to so comply with these requirements, which includes but is not limited to engaging in construction or repairs without proper building permits or unlicensed professionals engaging in work which requires a license, shall cause this Agreement to be voidable by the County at the County's absolute and sole discretion. In the event the County voids this Agreement for failure to comply with the requirements of this section, Awardee shall forfeit any right to payment pursuant to this Agreement, regardless of when Awardee's or the subcontractor's noncompliance becomes known to the County. 4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap and requires a minimum number of units to be accessible to persons with disabilities; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy. amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000, the Awardee shall comply with all applicable stcmdards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.s.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 125 1 ), as amended; Section 508 of the Clean Water Act (33 U.s.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 6. t.~§_s_l!L<!.D.Q? of COD.ll?li.flIlC,8 with Section 50'LQf the Rehf!bilitatl9lLt&.t -The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by PHCD within the term of this Agreement or the Affordability Period. 7 Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit the required Disability Non-discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provIsions and program services, transportation, communications, access to facilities, renovations, and new construction. Page 8 8. 6Ifi[matllL~_I\_ctioflLtJ9_n-Di$gimlrlation. __ QL.Employment. Promotion, and Procurement Practices (Ordinance #98-30) -All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami-Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Regulatory and Economic Resources Department. Said firms must also submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Regulatory and Economic Resources Department. Firms claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Mayor for award by the Board of County Commissioners. 9. Domestic Violence Leave Affidavit -Prior to entering into any contract with the County, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the Miami- Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated andfor the firm being debarred. 10. Code of Business Ethics -In accordance with Section 2-8.1(1) of the Code of Miami-Dade County each person or entitiy that seeks to do business with Miami-Dade County shall adopt a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Seqtion 2-8.1111 of the l~li!'i\ilH:a'B~ etJBnIQeI!lM~ln~. !i!1!i'ii!HI!lIT !~! [nt'll 01 MI~l i il-I!!!'i\Mef5~RI~ eBd~ 9~ amended by Ordinance 00-1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member'S entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579-9093. 11. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, Page 9 may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and r'epresents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami-Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be terminated on the discretion of Miami-Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami- Dade County shall have the right to terminate this agreement 12. Qrlmln?l CQnvictiol} -Pursuant to Miami-Dade County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami-Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami-Dade County Vendor Affidavit Form 2. Criminal Record Affidavit 3. Public Entity Crime Affidavit 4. Related-Party Disclosure Information 5. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 6. Affirmative Action Affidavits 7. Current on all County Contracts, Loans, and Other Obligations Affidavit 8. Financial and Conflicts of Interest Affidavit 9. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973,29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4 The Fair Housing .Act as amended, 42 U.S.C. Section 3601-3631 In addition to the requirements in the Agreement, the Awardee / Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570503, and 24 CFR Part 570, Subpart K, including the following: Public Law 88·352 and Public Law 90-284: affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead-based paint regulations. Page 10 Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 13. CDBG-Related Requirements National Objective -Awardee must perform the Activities described herein in a manner in which Awardee meets the national objective of benefit to low- andmoderate-income persons. Awardee shall ensure and maintain documentation, acceptable to the County in its sole and absolute discretion, that conclusively demonstrates that each activity assisted in whole or in pali with CDBG funds is an activity which provides benefit to low-and moderate-income persons, as defined in the CDBG Regulations. 2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 (j). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies ,o,ct of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606(d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non-profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, PHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG 11S greemen. Representatives of the Awardee shall attend meellngs of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, PHCD. or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with PHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, PHCD, or the County. 7. For activities involving acquiSition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and/or industries, the Awardee shall submit a written notification to the Community Planning and Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and/or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 Page 11 CFR part 50 and/or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative M8I"keting Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88-352 and Public Law 90-284 successfully meet these requirements. The Awardee shall submit to PHCO its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the !·egulatoIY period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding their compliance with the national objective, and PHCO will have the right to monitor the activity. 9 The Awardee shall comply with a[l applicable uniform administrative requirements as described in 24 CFR 570.502 I. Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted jf modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. J Board of Directors If the Awardee is a Community Development Corporation (CDC), PH CD shall have the option to appoint a representative to the Awardee's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges. K. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre-award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3 Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead-Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4 Submit to PHCO for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to PHCD all construction plans and specifications and receive PH CO's approval prior to implementation. 6. Contact the PHCO representative noted in Section IV, Paragraph M, prior to scheduling a pre-construction conference. In accordance with industry standards, PH CD will hold ten percent (10%) of the total grant award as a retainer until the construction work is determined by PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At the time that the construction work is detenmined by PHCO to be seventy-five percent complete, the retainer will be reduced to 5% until the work is completed, Completion shall occur when a Certificate of Occupancy is issued. Page 12 7. The County shall have the right to assign Professional Staff and provide Technical Assistance from the Public Housing and Community Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement may result in a reduction of a maximum of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by such staff. 8 Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage c. Loan Agreement d Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC-1 Rider h. Title Insurance Policy L. Audits and Records 1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed, in accordance with OMS A-133. Awardees who will be receiving, or who have received, federal awards for loans orJoan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytiC procedures (Review Report); (2) results of procedures performed (Agreed-Upon Procedures Report); (3) non-expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation 3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by PHCD no later than six months following the end of the Award~e's fiscal year. 4 If an audit is required by Paragraph L of this Agreement, but the requirements of OMS A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which PHCD-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMS A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by PHCD no later than six months following each audit period. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect Page 13 all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6 The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 7. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 8. The Awardee shall include in all PHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by PHCD, each of the record-keeping and audit requirements detailed in this Agreement. PHCD shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above. 9. The County reserves the right to require the ,I.\wardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for four years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with and must submit the audit report to PHCD within six months after the conclusion of the audit period. - 11 Pursuant to County Ordinance No. 03-2, the I\wardee will grant access to the Commission Auditor to ail financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and allocability of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami-Dade County with a function or activity involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non-permitted disclosures; 3. Reporting to Miami-Dade County of any non-permitted use or disclosul8; 4. Assurances thai any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI/PHI will be held confidential; 5 Making Protected Health Information (PHI) available to the customer; 6 Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami-Dade County for an accounting of disclosures; and 8 Making internal practices, books and records related to PHI available to Miami- Dade County for compliance audits. Page 14 PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Contractor must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least seven (7) years following the final Close-Out of the Activity/Project (hereinafter referred to as "Retention Period") subject to the limitations set forth below. The final Close-Out of the Activity/Project is the date when PHCD provides written notificationo of such. Under no circumstances shall Awardee dispose of any Contract Records prior to Awardee providing the County sufficient documentation to show that the HOME Regulations were fully complied with in Awardee's performance of its obligations under this Agreement and has received confirmation from PH CD that the Activity/Project has been finally Closed-Out in the U.S. HUD IDIS system. Upon Awardee's request in writing for confirmation of said final Close-Out, PHCD shall provide Awardee in writing either confirmation of final Close-Out or a list of documentation required in order to proceed toward final Close-Out. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of PHCD, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify PH CD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period. O. Provision of Records and Proprietary Rights and Information II: 1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records shall become the property of PHCD without restriction, reservation, or limitation of their use. PHCD shall have unlimited rights to all books, articles, or other copyrightable . i1iWa!@ ciiliitiMilfilQjii! tau!Qi IiIbI'iliiUI9H9i§riQ'$lliiliQii1j1~Itl§ii+!qlifQjt§dfKlh!§ fi'allipcillQj the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow-up communications and reports to PHCD immediately upon such issuance unless such disclosure is a violation of the rules or poliCies of the regulatory agencies issuing the reports. 3. Proprietary Information As a political subdivision of the State of Florida, Miami-Dade County is subject to the stipulations of Florida's Public Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed 10 protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, Page 15 any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software"). All third-party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 3. Proprietary Rights a) The Awardee hereby acknowledges and agrees that lhe County retains all rights, title and interests in and to all materials, data, documentation a!ld ccpies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shail not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) ,L\ccordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in SUbsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notvvithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entitYCies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County. or organizations which may hereafter be formed by or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, speCifications, data, documentation or related Page 16 information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect P. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties. The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami-Dade County Inspectors General Review According to Section 2-1076 of the Code of Miami-Dade County. as amended. Miami-Dade County has established the Office of the Inspector General which may, on a random basis. perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1.000; (k) management agreefllents; (I) small purchase orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal, state and local government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami:Dade County Board. oLCounty Commisl?i911rgnLJD.§Y authorize the inclu!?ion of the J!t.e. assessment of onQ .. Ht)arter (1/4) of onl?c..P._QL£Qnt in any exempted contraGt?ltOgJl.U1Q.Qfaward. Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector General is authorized and empowered to review past. present and proposed County contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may inclUde a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. by the Inspector eneral. e Awar ee s a e a reques e reco ocumen s aval a 0 th&:: Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which. in the Inspector General or IPSIG's sole jUdgment, pertain to performance of the Agreement. including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents. proposal and Agreement documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County. the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no Circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, Page 17 activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Pursuant to Ordinance No, 03-2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. Q, Prior Approval The Awardee shall obtain written approval from PHCD prior to undertaking any of the following: The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay for goods or services, The Awardee must submit all proposed agreement documents to PHCD at least thirty (30) days prior to the start date of the agreement. PHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by PHCD of such agreement or subcontract. 2, The addition of any positions not specifically listed in the approved budget. 3, The modification or addition of all job descriptions for eXisting staff, 4, The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5, The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph W, 1, of this Agreement. 6, Out-of-town travel not specifically listed in the approved budget. 7, The disposition of Program Income not specifically listed in the approved Program Income budget. 8, The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph K of this Agreement 9, The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement. 10. In the event the Awardee wishes to substitute personnel for the key personnel identified by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution, R Monitoring The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee, Following such Inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or provide PHCD with a reasonable justification for not correcting the deficiencies PHCD will determine, in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by PHCD in its report, s. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85,36 for Public Agencies) and 24 CFR 570,611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would Page 18 conflict In any manner or degree with the performance of services requried under this Agreement The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to PH CD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render an opinion which shall be binding on all parties. The Awardee shall submit to PHCD, within five business days of execution this Agreement, all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: :;-Original Agreement or its subsequent amendments. :;-Requests for budget revisions. }> Requests for approval of subcontracts. Non-compliance with the above requirements will be considered a breach of Agreement, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through PHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or i) is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard Page 19 shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. intentionally Left Blank U. Publicity. Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, adveliisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department, must be notified in order to request the project sign from Miami-Dade County Internal Services Department. Within thirty (30) days of the erection of the sign, the CHMD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATIACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. V Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by PHCD in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons, particularly those WllO are recipients of government assistance for housing according to the guidelines mentioned below: The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 20 2 The parties to this Agreement agree to comply with HUD's regulations in 24 CFR f)art 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations, 3. The Awardee agrees to send to each labor organization or representative. of workers. with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin, 4, The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135, The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, 5, The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135, 6 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S,C, 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (Ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids/proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G). The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. Page 21 The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W, Property 1, Definitions a Property, As defined on page 2 herein, b, Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. c, Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) intangible: All personal property having no physical existence such as patents, inventions, and copyrights, d. Nonexpendable Personal Propeliy: Tangible personal property of a nonconsumable nature, with a value of $1,000 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. e, Expendable Personal Property: All tangible personal property other than nonexpendable property. 2, The ,Ll,wacdee shall comply with the real property ~equirements as stated below: a, Any real property under the Awardee's control that was acquired or improved by Awardee or PHCD in whole or in part with CDBG funds received from PHCD in excess of $25,000 shall be either: 1) Used to meet one of the three (3) COBG national objectives until five (5) years after the expiration or termination of thiS Agreement, or for such longer period of time as determined by PHCD in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Agreement or such longer period as determined by PHCD, the Awardee shall, in the sole discretion of PHCD, either pay to PHCD an amount equal to the market value of the property as may be determined by PHCD in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property or transfer the property to PHCO at no cost to PH CD, Reimbursement is not required after the period of time speCified in Paragraph W.2,a, 1" above. b Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from PHCD, c. All real property purchased or improved in whole or in part with funds from this and previous Agreements with PHCD, or transferred to the Awardee after being purchased in whole or in part with funds from PHCD, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads, The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property Page 22 was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the COBG national objective that will be met. d, For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the COBG award with PHCO within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the COBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCO. This report shall include the elements listed in Paragraph W.2.c., above, Nothing in this section shall be construed to limit the County's right to collect from Awardee the entire amount of COBG funds awarded pursuant to this Agreement in the event Awardee fails to meet a national objective. 3. Inventory -Capital Equipment and Real Property All capital items acquired for the project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item shall be defined as an item that: (1) has a service life in excess of one year; (2) is either complete within itself or is a major component of another item of property; (3) by definition cannot be described either as supplies or materials; (4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain posseSSion of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the County immediately and provide instructions describing how the County may take possession of the capital eqUipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take posseSSion of capital equipment. 4, The Awardee shall comply with the nonexpendable personal property requirements as stated below: a. xpen a e rsona pre er y pur ase or Improve In woe or In par with funds from this and previous Agreements with PHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with PHCO shall be inventoried annually by the Awardee and an inventory report shall be submitted to PHCO. The inventory report shall include the elements listed in Paragraph W.3.a., above. c. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and PHCD. 5. The Awardee shall obtain prior written approval from PHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from PHCO. Those instructions may require the return of all such property to PHCD. Page 23 X. Program Income Program Income as defined in 24 CFR Part 570.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules, or any County rules or ordinance. a. The Awardee shall comply with the Program Income provisions in PHCD's Policies and Procedures Manual. If any Program Income provisions of the Policie..§..2Jl<:tE.rocedures M.'llJJE!1 conflict with any Program Income provisions of this Agreement, the provisions of this Agreement shall rule. b. The Awardee shall report to PHCD all cumulative Program Income generated from activities financed in whole or in part by funds from this Agreement, for as long as it receives and/or has control over Program Income generated from this and any previous Agreements with PHCD. The Awarded must submit tb~_jnfon:m1tj()r:UQ[ tb~.Ml!erated ProgfilmJn~Q.r:De to PI-L.CD illJ.?r!f:!.rly as pari Ofll.'.f~.El.:;;,~dl Section 91 !tIe A_Y{§[cJE:.f:!'s.E'rogress ReQQ!1,c)§ .. mltlined in Sec\LQfJJL Para.9Lill2h r=: .~c9., The COUf1t'L[1Ely_~.xJxesslv pe!l}1jJi\_w_a..r:deUCL!!.§~U:.lD.9fEl.J..1}.lncome in th~_$_c.QP...Q gf :'ifif}'!!;:f!.§.oJLg.l,(::i:LP_E'!fJ.lli!,;sion is /lot exp.rg~~I.'l_.set forth in !hg.9.(.Qoe,.Qf SeIYE.E7_?, then...6~,£§!IQ~iLmust :·equestl?.crmission from the C,Q.llD_!Y to U2,e Progi.9mJr~.Qfne lQL§lligiQ,[Sl.illelivities. _Ib.5L~.Qllnty mav in its s()1~._9iscretion grant5.HfD.Qennlssi9,D., but such R..E!!:.mi.s§.igf1 mav . ...r~gllj.r§. the approv~I._QLJhe Board of J~gunty Qgmmi.$sioners. c. If the Awardee requests to use Program Income, the Awardee shall provide to PHCD a written explanation of the activities to be assisted with Program Income and shall obtain PHCD's written approval prior to implementing those activities. All provisions of this Agreement shall apply to any activity performed using Program Income. d. Should Awardee be granted permission to use Program Income, Awardee's use of Program Income shall be subject to the limitations set forth in this Agreement and as set forth in the CDBG regulations, 24 CFR Part 570 et.seq. e Should Awardee be granted permission to use Program Income from a revolving loan activity, Program Income must be used only for the same revolving loan activity f. Should Awardee be granted permission to use Program Income, Program Income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. g Should Awardee be granted permission to use Program Income, all Program Income from activities other than a revolving loan activity shall be substantially disbursed to carry out other PHCD-approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. h. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4., above, shall be considered Program Income. I. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all Program Income and its disposition. 3. Upon expiration or termination of this Agreement or at the end of any program year, the Awardee shall transfer to the County any Program Income funds on hand, and any Program Income accounts receivable to any CDBG funded activities. PHCD may require remittance of all or part of any Program Income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of Page 24 revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). 4 PHCD, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of Program Income generated by the Awardee, and such action shall not require an amendment to this Agreement. Y Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of PHCD's PQJic;iE3l?Clnd_P.[Q~~QlJIE3.:?10EJJlJill. Z. Subcontracts and Assignments 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and Section 2·8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https:llwww.sam.gov/ Awardee shall provide to PHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, Of assignee is listed on Miami-Dade County's debarred Contractor's List; Awardee shall, at a mlfllmum, check at http://www.miamidade.gov/business/small-business.asp to determine if a person or entity is on Miami-Dade County's debarred contractor's list. Awardee shall provide PHCD with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with all CDBG requirements, as applicable, as well as the regulations specified in PHCD's Policies and Procedures Manual. c. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed. f Incorporate a prOVIsion requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or PHCD deem necessary. This applies only to subcontracts and aSSignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to PHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by PHCD prior to the assignment or award of subcontract. The Awardee agrees that no aSSignment or sub-contract will be made or let in connection with the Agreement without the prior written approval of PHCD, which approval shall not be unreasonably withheld, and that all such sub-contractors or assignees shall be governed by the terms and intent of this Agreement. Page 25 g, Incorporate the language of Attachment E, "Certification Regarding Lobbying," h, Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor, i. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to SUbstantiate compliance with the requirements set forth in the Scope of Services, The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax with holdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3 The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. Regardless of any approvals by PHCD of subcontracts or subcontractors, the Awardee shall bear all risks associated with subcontracting performance of the Activities to a subcontractor. 4 The Awardee shall receive from PHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by PI-lCD as described in this Agreement. PHCD's approval shall be obtained prior to the release of any funds to the subcontractor. 5. The Awardee shall receive written approval from PHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. 6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar amount agreed upon in this Agreement. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to PHCD (Attachment H). 8 The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list (Attachment H) without prior written approval from PHCD. 9 The ,L\wardee shall not hire any of the Awardee's staff members or empioyees as subcontractors. AA. Additional Funding The Awardee shall notify PHCD of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the Awardee's notification by the funding source. BB. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to PHCD adequate proof, as determined by PH CD in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if Page 26 the Awardee submits to PHCD canceled checks or original invoices approved by the Awardee's authorized representative which show performance of the Activities described in Attachment A and conformance with the laws, rules and regulations set forth in this Agreement. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to PHCD. The Awardee shall be paid only for those expenditures contained within Attachment S, "Budget," to this Agreement as it may be revised with the prior written approval by PHCD. 2, Requests for payment (reimbursement) shall be assembled by calendar month and submitted to PHCD no less frequently than monthly, Expenditures incurred by the Awardee must be submitted to PHCD, along with all original invoices, copies of front and back of cancelled checks paid to all subcontractors and suppliers, all release of liens from alii subcontractors and suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices, In no event shall the County be obligated to pay any invoices for expenses which were incurred more than 60 days prior to the date the request for payment is submitted to PHCD. 3, In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by PH CD of all reports and documents which the Awardee is required to submit to PHCD pursuant to the terms of this Agreement or any amendments thereto. 5, All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement -Attachm~nt A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with PHCD and the County's Risk Management Division, PHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s) if PHCD, in its sole discretion, so chooses, 7 All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to PHCD in accordance with PHCD's poliQes _ED.9. Procedu[es Manual. 9, In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or jOint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award, "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreernent that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property_ In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan, The Awardee shall at the request of the County execute any and all documents, including but not Page 27 limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as required by the County to effectuate the reversion of assets. DO. Restriction on the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for: 1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Awardee sllall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 2. Religious Purposes. County funds shall not be used for religious purposes. 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. III. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed $115,000. IV. THE AWARDEE AND PHCD AGREE: A. Effective Date B 1. This Agreement shall begin on January 1, 2013. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on December 31, 2013. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the Coullty to the Awardee. Such notice shall automatically become a part of this Agreement. 3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaiuation and Performance Review 1. The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. Default or Breach The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: GJ. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services Page 28 (Attachment A) within the effective term of this Agreement, including but not limited to failure to meet the National Objective, as determined by the County and U.S. HUD. b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. c. Filing of a lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a tru$tee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. i. Failure to comply strictly with Section W(2)(a)(1 )-(2) of this Agreement. j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as set forth in this Agreement, or to submit documentation (via Progress Reports and applicable supporting documentation) sufficient to show Awardee has met said Benchmarks. C. Suspension e oun y may suspen written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten (10) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to materially comply with any term or provision of this Agreement: c. Failure by the Awardee to submit any documents required by this Agreement; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. Page 29 e. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as set forth in this Agreement, or to submit documentation (via Progress Reports and applicable supporting documentation) sufficient to show Awardee has met said Benchmarks. 2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). D Termination Termination at Will This Agreement, in whole or in part, may be terminated by PH CD upon no less than ten (10) working days notice when PHCD determines that it would be in the best interest of PHCD and the County. Said notice shall be delivered by certified mail, return receipt requested. or in person with proof of delivery. In the eve:lt of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee with County funds under this Agreement; (b) seek reimbursement of County funds aliocated to the Awardee under this Agreement; and/or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 2, Termination for Convenience PHCD may terminate this Agreement, in whole part, when both parties agree that the continuation of the actiVities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, PH CD may terminate this Agreement upon no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. PHCD shall be the final authority to determine whether or not funds are available. PHCD may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever IS in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners' action, the Awardee may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for DefaUlt or Breach PHCD may terminate this Agreement upon no less than twenty-four (24) hours written notification to the Awardee for breach or default. 6 Termination for Failure to Make Sufficient Progress. Page 30 PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materially complying with any term or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of this Agreement; 7. Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County, the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state insolvency law. 8. General 10 Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. 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 to meet its contractual obligations with the County the ounty terminated. Wlenever practicab e, as e ermine y 1e -,ounty. may terminate or cancel any other Agreements 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 tees. 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 for up to five (5) years. E Other Remedies In addition to other provisions set forth herein, in the event of default by the Awardee, the County shall have the right to exercise any and all of the following remedies: 1. Awardee shall be liable for all damages, including but not limited to: a. the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for reprocurement of Services, including procurement and administrative costs; and b, such other direct damages. Page 31 2. The Awardee shall remain liable for any liabilities and claims related to the i\wardee's performance of this Agreement or any bl'each or default, notwithstanding the expiration or termination of this Agreement. 3, Seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction, The Awardee shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4, Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity, Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County is determined, The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination, "Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's obligations under this Agreement and specifically exclude expenses incurred prior to the execution date of this Agreement, personal expenses, travel expenses, expenses related to additional phases of the Project not specifically and expressly incorporated into this Agreement PHCD shall be the sole judge of "reasonable, allowable costs," All compensation pursuant to this Article is subject to an audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost developer fees or lost profits, E-1. Limitation of Liability and Limitation of Remedies Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost to Awardee, and that these CDBG funds are for the purpose of providing a benefit to the community health and welfare, Therefore, the Parties agree to the following limitations on liabilities for any and all claims of any kind arising from or in connection with performance or breach of this Agreement, which limitations shall apply equally to both Parties: Both Parties' cumulative liability for damages, if any. is limited to the amount of the CDBG funds set forth in Section III, above. 2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost developer fees. 3. Each party shall bear its own attorney's fees and costs. 4, Neither party shall be liable for costs incurred by the other party prior to the execution of this Agreement. F Renegotiation, Modification and Right to Waive 1, Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party, which for the County is the County Mayor or Mayor's designee, The parties agree to I'enegotiate this Agreement if PHCD determines, in its sale and absolute discretion, that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. PHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or County revisions of any applicable laws or regulations, or increases in budget allocations, 2. The County shall have the right to exercise an option to extend this Agreement beyond the current Agreement period and will notify the Awardee in writing of the extension. This Agreement may be extended beyond the initial extension period upon mutual agreement Page 32 between the County and the Awardee, upon approval by the County Mayor or MClyor's designee. 3 The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to be a modification of this Agreement. 4. The County's failure to exercise any of its rights under this Agreement, or the County's waiver of a provision on anyone occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by the County in the exercise of any right shall operate as a waiver. G. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with PHCD's Policies and Procedures Manual. All budget revisions shall require an amendment of this' Agreement, which the County shall have no obligation to execute. The County shall not be obligated to make payments for expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by PHCD no later than five (5) working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, The County will revise the budget at its discretion. The County in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services (Attachment A) shall not require a Agreement amendment. H. Compliance The County shall have the right to inspect, monitor, and inquire of Awardee , at the sale and Jec Ive or a come, In order to ensure compliance with the CDBG Regulations. However, the County shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. I. Disputes In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the questions, including the views of all interested parties and the recommendation of PHCD, to the County Mayor for determination. The County Mayor, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that it shall not seek legal redress for Page 33 breach or enforcement of this Agreement until thirty (30) days from the County Mayor's issuing his/her determination. J. Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K. Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agreements to the County Mayor for bidding and award in accordance with County policies and procedures, L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising under, in connection with or related to this Agreement or related to any matter which is the subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Miami-Dade County, Florida. M. Notice and Contact All nctices between the Parties shall be in writing and sent by registered or certified mail and addressed as follows: TO AWARDEE: COPY TO TO COUNTY: COPY TO: COPY TO: COpy TO: City of South Miami 6130 Sunset Drive, South Miami, FL 33143 Attn: Hector Mirabile -----_ ..... __ ._--_ ... _-- ---_ ......... _-...... _ .... . ---_.-_._.--._-_._----- Attn: _________ ... ___ _ Miami-Dade County 111 N. W. 1 st Street Miami, Florida 33128 Attn: Russell Benford, Deputy Mayor Public Housing and Community Development 701 NW 151 Court, 14th Floor Miami, FL 33136 Attn: Gregg Fortner, Director Public Housing and Community Development 701 NW 1st Court, 141h Floor Miami, FL 33136 Attn: Letitia Goodson, PHCD Project Manager Assistant County Attorney County Attorney's Office 111 N, W. 1 st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. Page 34 N WAIVER OF JURY TRIAL NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE, SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM. NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that many of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated to meet a National Objective or has control over CDBG funds as well as the County's right to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sale direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. Page 35 S. All Terms and Conditions Included This Agreement and its attachments as referenced (Attachment A -Scope of Services; Attachment t'\ 1 -Action Steps; Attachment B -Budget; Attachment '1 Idemnification and Insurance Requirements; Attachment 8-2 -COBG Program Requirements; Attachment C -Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Qualierly Expenditure & Pl'Ogress Report; Attachment 0 -Information for Environmental Review; Attachment E -Certification, Statements and Affidavits; Attachment F -Publicity, Advertisements and Signage; Attachement G - Fair Subcontracting Policies; Attachement H -Subcontractor/Supplier listing) contain all the tel'ms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. T. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's true "gap" financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SL.~ amount shall prevail and the amount of COBG funds described in this Agreement shall be subsequently reduced. "Gap" financing means the difference between ,he amount of financing available for the Project from other sources and the total project cost. In the event Awardee applies for and is awarded by the Board of County Commissioners ("BCC) additional funding for the same Project, as described in this Agreement, a separate Agreement or amendment to this Agreement must be negotiated and executed between Awardee and the County Mayor or Mayor's designee. Any differences between the terms and conditions set fOlih in this Agreement and the subsequent funding award shall reqUire a negotiation between the Parties :n order to resolve those differences. Awardee understands and acknowledges that changes to the Project or Activities described in this Agreement may not be accomplished by applying for and beirg awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC funding for an additional phase of the same Project, a separate agreement must be negotiated and executed between the Parties. Under no circumstances shall Awardee asseli that a subsequent application for and award of flmds for the same project constitutes and amendment of this Agreement. Awardee expressly assumes any and all I'isk of loss or damage associated with a subsequent application for and award of funds for the same Project where such subsequent application by Awardee includes terms which conflict with the terms of this Agreement. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine. feminine or neuter as the context requires. V Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. W. Corporate Governance A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Flol-ida Statutes, particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. Page 36 IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials. AWARDEE: City of South Miami MIAMI-DADE COUNTY BY: NAME: ,/~~2::2--... ---.-., ~' ./ " S~m.~_._£\~rulJf1/_. BY: NAME: Carlos A. Gimenez " _______ , ~ ,~ .. ~~,~ w~,_.·"~"~ TITLE: Mayor TITLE: DATE: BY: NAME .. ~~~ At/).t\.% v.__--_ 11~~QQr~_----, ~~ ATTEST BY: TITLE: ~~.-----. TITLE: Clerk, Board of County Commissioners DATE ~A~ ~5 , ~'QJ2_. __ BY: --------" ....... _ .. -- if.Qrui~Dn r~_kfLf'litL __ .. _ .. ,,_ ..... Type or ~~nt Name Federal 10 Number: 59-6000431 Resolution Number #R-165-13 Awarded Amount $115,000 Awardee's Fiscal Year Ending Date: CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES Page 37 ATTACHMENT A PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FY 2013 Scope of Services January 1,2013 through December 31,2013 Agency Name: City of South Miami 1. 2. 3. 4. -ACTIVITY TITLE: !DIS #: RESOLUTION #: DUNS#: -ACTIVITY DESCRIPTION: 2a -Activity Category: 2b .. -Objective: 2c. -Outcome: -APPROVED BY BCC: Other Funding Source and Amount: -FY 2013 FUNDING REQUESTED: 5. -HUD INFORMATION: 5a. -HUD matrix code: 5b. -HUD Activity Type: 5c. -HUD National Citation 6. -ACCOMPLISHMENTS: 6a. -Number of Units: 6b. -Type: 7. -NATIONAL OBJECTIVE: Total # ofLow/Mod in Service Area: Block GroI1P: 8. -ACTIVITY ADDRESS: 9. LOCATION: NRSA (Activity located in): District (Activity located in): 10. -LABOR STANDARD applicable Type of Work: D Building D Residential Marshall Williamson Park Improvements Project N/A R-165-13 246289~7~6 __________________________________________ __ Demolition of three (3) playgrounds, installation of two (2) playgrounds, a basketball half-court, park amenities and tree canopy, repair of sidewalks in Public Facilities and Capital Improvements Suitable Living Environment A vaila bilityl Accessibility Amount: $ 115,000 Source: CDBG $115,000 03F -Parks, Recreational Facilities LMA 570.208(a)(I) Public Facilities 1037 3 6125 SW 68 Street, South Miami, FL 33143 South Miami 7 o Highway FY: 2013 D Heavy It. 12. Set aside units differcnt from total units INSURANCE REQUIREMENTS: Project Manager: Letitia Goodson Worker's Compensation Insurance, Commercial General Liahility Insurance, Auto mobility Liability Insurance and Professional Liability Insurance. See Attachment for detailed rcc uirements. Willsto!!l'arkinson Planner (Signature) CATEGORIES I. Personnel II. Contractual Services III. Operating Services IV. Capital Outlay TOTAL BUDGET CITY OF SOUTH MIAMI COBG FY2013 Marshall Williamson Park Improvements Summary Budget January 1, 2013· December 31, 2013 PRIOR YEAR FY 2013 FUNDING FUNDING $ $ $ $ $ $ $ $ 115,000.00 $ $ 115,000.00 SOURCES OF OTHER FUNDING TOTAL AMOUNT SMCRA $ 85;778.00 NON·PHCO FUNDING TOTAL $ $ $ $ $ $ $ 85,778.00 $ 200,778.00 $ 85,178.00 $ 200,178.00 0410 PERSONNEL Regular-Salaries Position #1 Position #2 Position #3 Sub-Total Salaries -Employee .. 4010 Fringe Benefits FICA (salaryX7.65%) Sub-Total Fringe Total Personnel Contractual Services 21011 External Audit 21012 Environmental Audit 21030 Other Professional .. SVC Const Mgmt 21030 Other Professional SVC 22350 Bottled Water 25330 Rent Copier 25511 Building Rental Total Contractual .. Operating Expenses 31011 Telephone Regular 31011 Telephone Long Distance -31610 Postage 31420 Advertising Radio ._--- Commodities 31510 Outside Printing 95020 Computer Purchase 47010 Office Supplies / Outside Vendors CITY OF SOUTH MIAMI, INC CDBG FY 2013 Marshall Williamson Park Improvements DETAIL BUDGET January 1, 2013 thru December 31, 2013 'PP Non-PHCD PHCD 2012 PHCD2013 -- $ · $ · $ .. $ -. $ · $ .. $ $ $ . -S $ -$ $ · $ $ - $ $ .. $ .. $ .. $ -$ .. $ .. $ .. $ $ .. $ $ $ .. $ $ $ .. $ .. $ - $ .. $ .. $ .. $ · $ .. $ .. $ $ $ .. $ .. $ · $ .. . $ · $ · $ .. $ .. $ .. $ .. $ .. $ $ $ .. $ .. $ .. t t .!i. .. $ $ $ .. - $ $ $ $ $ .. $ .. .. Total Commodities --------'--$ $ $ I--_____ c-'ap'-i~al Outlay $ 85,778.00 $ $ 115,000.00 $ $ $ 90Const~r~uc~t'~lo~n _________________ ~_~~ Infrastructure Improvements Total Capital Outlay $ 85,778.00 $ $ 11S,OOO.OO Total PHCD Total All Source;-.--_. --$ $ $ $ $ · $ S · $ .. . - ._---- $ .. $ $ $ _ .. -~ .. - $ .. $ .. .... $ .. $ $ $ .. $ .. $ .. $ .. $ $ $ $ $ . --$ · $ . $ .. $ .. $ .. $ .. ----- $ .. $ .. $ .. $ $ · $ --S .. S .. $ .. $ $ .. $ $ $ $ .. $ .. $ 115,000.00 $ 200,778.00 $ $ $ 115,000.00 $ 200,778.00 ~BUDGET I $ 85,778.oill I $ 115,000.00 I $ 11S,OOO.OO I $ ... 200,778.00 I ! IAGENCY NAME- i !ACTIV!tY lFUNDING SOURCE: jAMOU~T: iC"TJ.;ER FUNDING: South Miami eRA liOTAL PROJECT COST; ACCOMPLISHMENT UNITS' TYPE: I iACT!ON STEP CA1"EGORY ,CONTRACT oevaOPMENT !'HAllE i !~Submi' SCC{:H!" of $e(\."!ces. action steps, budger and En .... lronmental RewC'N tor (At"...echm~ D of contract} FSubmlt re:qlhrea~ents i-Boord of Director's Resolution Approving the Funded amount and Authorizing Execution of tf1e Contract !PHCQ, Authorized Signature Fonn. Miami·Dade County Affidavits, State of Florida PubliC Entity Crimes 'lA.ffid3vrt. Affidavit of Financial and Conflicts of Interest. Developer's Affidavit that Miaml-Dade County ia:o:es. Fees and Parking TIckers have been Paid, Code of Business Ethics, Collusion Affidavit, Cer"jflcatJO-., Reg~ng Lobbying, Related Parties Disclosure Statement. Fair Subcontracting Policies, .:md I Subcontract01'lSuppll£!! Listing I~W~9, Articles of Incorporation, 8y-Laws, IRS 990, Certificate of Good Standing, Tax Exemption ! Determination letter and j~Envlro-.f'Imen~ ReVIew proress ·R.eVle ... ' el-tgJ/;:;illy al.a:div,ty. EC::Ipe 01 SSIY.C$S, a'CMn steps and budge! ~Review and approve requ~ documents i-PrePare and assemble-COBGcon'.mt! ~ForWanfCDBG cO£It:.acHoager-.q/foislgnahr're 01' 8gency's-de51gnee i-Stgi1"ed CDBG ront.ract reh.!med to ?HCO (.For .... ,aro signed CDBG contract for processing and final execution to Miami-Dade County Manager's !Offlce }-RCcetve 2nd mStnb-u-ooexc..wtedCDBG-contrar.! PRE-OEYaOPMENT PHASE ;.Submii-Certfl-C8te(s) o~cei6-PHCD (see Attochment 8-1 {8}of contraC"..) -EnvIronmental C~ Jetter I-f!o.r<O\'<m1 exeo.rted COBS rontrnct along wi:h !he Certiucate<s}of !f\$uran~ toMilln'~D-OOe C<lunty Risk lMa~emen! for a,..~ruva! of l!1Swr;:lnce :-eoulremf!frt5 AcnONSTEPS JANUARY 1. 2013 THRU DECEMBER 31, 2013 City of South M[am Marshall WL1!iams4Part-lmprovements :SfAt;(lOAlE OF TASK '4i'ii2ii13 41112013 41112013 <111'2013 411f2013 4/112013- 4111'2D13 01,1112013 ~i1tlO'3 4,11l2013 41112013 .:111"2013 41112013 41112013 41112013 END DAtE OF TASK 6130/2013 EI".))I2013 6I34lI2013 5130/2013 613012013 613012013 6130l201l 6002013 613il12013 6130,12013 613012013 6/30"2013 613012013 Page 1 of 4 ! COBG 2013 $115.000. $80.n8 $200.778 Public Fadm 1 1 "FOUl RED RESOlJRCE Atrencv Agency Ern.rironmenlal Specialist Project Manager. Planner, lOIS Specialist PM SUpeM!.Of and PM MarL~~ ?f'O.'1ectM or I Agency Project Manager. PM I Superf"w1' a'1d PM Mar.nger Protect Mar~ar A n En\nronmemm SpeoaHst PlViect Man.aqer PAYMEN7 LEVEL APPROVED I I, " I , CUMULATIVE PERCENTAGE OF COMI'Le-nON Att;3chment A-1 CUMUL~TiVE ReMBURSEMENTS -; !AGENCY NAME: Acnvrrv FUNDING SOURCE· !AMOl)NT I OTHER FUNDING: South Miami eRA TO'TAL PROJECT COST: ACCOMPUSHMENT UNITS: :-Y"'E iACTION STEP CATEGORY ACTION STEPS JANUARY 1. 2013 THRU DECEMBER 31, 2013 STARTOATE OF TASK ENDOATE OF TASK C;ty of South M>3l1 Marshal! Wililnm$l Park Improvements CDBG2013 $' 15,rxxiJ, $8.5.778 5200,778 Pubf(c F&;ii1 RECUtRED RESOURCE SuOmi! RF? pac'~ace for GC 4/1i2013 et1 Submit Advertisement for GC 41112013 IA eJ1CY Proiect ~.~, ,~., _. w _ !Re-new R?"P. GC oackaQe and A>j b.,. PHCD St~ft 41112013- lRev.:ew RFP, GC pac\o;1g~-aru:fA-lf"byPHCOSIGft fcrOaVlS BaC(l-t1 arta Soc'.JO.."'"I' 3 reqUlremer'ts {ir COmp!l:ance U:'Iit' Labor ~appiicab!e) 411/2013 ~S:tanoardsCoordJnst::Jr Submit RFP feed back 10 AQer£¥ 411/2013 P:I\J{ect M;maaer .~ece1ve~s.edRFPfrom -t:::nCY 4/t12013 6130/2013 edMi:!/"I~er II OMsioo ot'" ~parrrr.e;jt ;ive asi!"nc~ wrirren ;s:pprovaJ tor RfF, GC ~e and Ad 4/112013 6/3012013 Ditec10r Jofics.tor. cf RFF' for GC It >U'J20~3 11 6l3Of2013 .. !A.genGY *6;d M~~"" II <l112C13 II 613012013 11 iAllenc-; idlFH=p oo~~-iina 4f"20n 6l30l2013 ~4!~1~~O~1~3-----+~~6G~3OI2;:a~1~3-4--------~~+A~~- !acliortler-to GSAfOr Miamj.Dad:e \ Sian iacementof ~ f SEl.e:CTElfGCCONTRACT fOR PHCD APPROVAl. 1 ..... .:. contrac~ lNo~ce to 81ddersfProspective Contractor 'I' Sta~ent of Bidder's Construction experience Ge'ltiflCOOon I . ,~. , ________ .•.• _<>_ Determination ILabor Standards Proviisions (Fonn HUD 4010) :Insuraflce Requirements ProvisiOns to be Incoporaled In Construction Contracts No~Collusion Affidavit j certlflcatiOn Regarding Lobbying Affirmation Action Standards Certification of Compliance with Part 60-2 Affirmative Action Program lother Required Certifications I Ce:r.jr.:.catlOh Regarding Drug Free Workplace IAssuranc-e of Comliance(Seciton 3, HUD Act of 1968) iSectlOn 3 Requirements 'l&JefJOn 3 Clause S.otier's Initial Sect:cn 3 Goa!s I Cl!rtlfica~O!l Regarding Oebarment Suspensiton, Ineligibility and Vaoluntary Exclusion ~ Lower Tier T1"-3nSaCbons g~uaj Employment Opportunity (EEO) Clause for Contraciors Not SubJect. to executive Order (ECO 112'~) Equal Opportunity for Special Diabled Veterans and Veterans of the Vietnam EI'a IEQua! Opportunity for Workers with Diabili1ies INotice of Requirement for affirmative Action to Ensure Equal Employment OpporttJllity(ECO 11246) I Equal Employment Opportunity (EEO) Clause, for Contractors Subject to executive Order (ECO 11246) Ce;ifia!'!k.'f'l of Nonsegregated Facilities Notice to Prospective Subcontractors of Requlrments for Certification of Nonsegregated Facilities iNonce of ReQuirement -Clean Water, Clean Air, EO 11738 and EPA Regulations Provision CeItficat'.on of Compliance with Federal Regulations . Cer'"Jfl"C3tion Regardfng Debarment. Supension. and Other Responsibility Matters (Direct IRedplerrt) 41112013 6l3OI2013 'ect Ma !Y 41t~Ot3 ~013 GSA 41' Tt 411, 41' ~ 4J1J2013 6f'l" •• ,Ol2Q'·~. :/'12C13 613012013 4,f112C13 513012013 6I30I2013 ~I2Qt' 1013 II ~Ol !O13 II 6l3OOo1 -;jJ112013-II 613012013 41112013 II 6I30I2013 4/1 1201 3 II 6rJ().1201 $I3Ol2013 6I30I2013 4/1 $130120'3 <111201: 613012013 4111201 6l3OI2C 41112C13 613012013 41112013 &:lG'2013 411J201~ =013 41112C13 &r.lOI2013 4/112013 6l3OI201 41112013 6I3OI20i3 -;jJ1®i3 613012013 4/112013 6l3OI2Q13 -4Jf!2ll13 61301201, 411120'\3 6I:Jci2013 4/112013 ,",,,(It.10n Page 2 of 4 Agenq Agency Agency Agency Agency Agency Agency Agency Agoncy Agenq Agency Age"<:y Agency Agency Agency Agene"}, Agency .A..gem:y Age."cy Ager"'Y Ag<=)' Agency Ageocy i Agency Agency Agency Agency IAgency Aqe..ft~ --Attachmont-A-1 CUMUiJL.TlVE PAYMEN'" LEVELI'I CUMULATIVE I P""~TAGE APPROVED COMl'(ET1ON I O:::,y..re:r ~"",,,,,,,,,,,.,",,,-,.,,.t ACTION STEPS JANUARY 1.2013 THRU DECEMBER 31. 2013 IAGENCY NAME, Attachment A·1 City of South M,,,, 1.6,CTtvrr-i Marshall WilltamO ParX Improvements i IFUNDING SOURCE: CDBG 2013 IAMOUNT f OiHER. FUNDING: South Miami eRA $"~,~ S85,nij ITOTAL PROJECT COST: S200,m ACCOMPliSHMENT UNITS: 1 TYPE. PUtlflC Facrti I ;;1 A':;FDA'" t:NDO~AfE PAYMENT lEVa I CUMULATIVE C'JMUi.ATIVE "CRes,TAGE i I OF IACnON STEP CATEGORY TASK TASK REQUiRED RESOURC~ APPROVED COMPLFTION REIM~URSEME.NTS r..Joiic En!ttly C."mes Affid.3v11 41112013 €I3OfLO~3 Agen<y I !CCrtlficaW of lns.urance <11112013 6130/2013 Agcnc-y II I Payment and Performance Bond 41if2013 613012013 1 Agenc:y , ' Executed GC contract 4/112013 6130/2013 Agone; I 'ChECk det.:mnen! hSt 4/1/2013 613012013 AgeflOj I Subrrm ropy of ER c~eatnnce letter 4/112013 613012013 Agency S!.:'bmlt CQ~W .A.d <1112013 613012013 Agency Sp{!df.'Cation (or s-erfices bcl.r.q p!"OVJded ./112013 613012013 Agency \I Submit Sid T 3bulstions <1112013 6130/2013 Agency I !Submtt recommendation tty A.qeOC'Y's Smff <1112013 613012013 Agency lSubrnrtAgency's Soard mInutes or Reso~utlon 3C?!OVlfiQ selecool1 ""l2u'3 613012013 Agency I Submil C01).ies of State. COUI1l'vand City licenses and Certificate of Competenoe:S. 4/1/2013 613012013 , Agency I $ubmrr W-9 ReQuest for Taxpayer !d # I 4"12013 613012013 Ag€ncy I Project Mal'l.ager, I I Construction Manager and I Complfanr..e Unit I Labor 'ReVIew GC contract {pHCD sts1f) 4/112013 613012013 Slandards Coordinator SUBM1T PROGESS REPORT (1ST and 2ND Quarter Progress Reports due July 10th, 2013) 711112013 7/3112013 2 Agency II GC CONTRACT Al'PROVAU'HASE (Infomstion __ to contract with Gel 4111201. 6r.lilI2013 IAnen<;y Notice to Bidders/Prospective Conrractor ""12013 6I3CI2C13 Agency , I I Statement of Bidder's Construction experience 4I1I2013 613012013 Agency !II Certification receipt 41112013 613012013 Agency i I Ilabor Sfandams form HUD 4010 41112013 6/3012Q13 Agency I !wage Determinafion 4/1(2Q13 613012013 Agency I . Insurance Req uirements 41112013 613012013 Agency I I Other provisions 4J112013 513012013 Agency , Certification Regarding Lobbying <11112013 613012013 Agency i Affirmation Action Standard 4/112013 613012013 Agency Ii I Certification of Compliance with Part 60-2 Affirmative Action Program 411/2013 6130/2013 Agency i !Certification Regarding Drug Free WOrKP!ace 4I1f20l3 613012013 Agency I , !Assurance of Companies 4/'/20'3 613012013 Agency II jsection 3 Requirements (II applicable) 41112013 613012013 Agency I I Section 3 Clause (If applicable) 41112013 613012013 Agency I I I~ayment and Performance Bond 41112013 6I31l12013 Agency . I Executed GC contract 41112013 613012013 Agency Cr.e:;k ~ebarme-nt !1st 41112013 613012013 F'roje<t Manege< I , Submit GC co-ntract for Di\"i.:sion Of Department Direcror approv81 4{112013 6131112013 F'ro}O<l MaNlge< I Division or Department II , I iAl:>P'<>vai of GC conlract 41112013 613012013 Director I GI~-~encv written apprnva:l for :s.tJbcont'"dCt "112013 6130"2013 A Project Manager PagC!3of4 --~---.- ACTION STEPS JANUARY 1, 2013 THRU DECEMBER 31, 2013 !.:"GENCY NAME Attachment A~ 1 City of South M!2 I !ACTIVtTY Marshall Williams Park Improvements i iFUNDING SDURCE· CDBG2013 i S115,o.-..j fo ~MOUNT OTHER FUNDING: South Miami eRA. $85.77· io IOTAL PROJECT COST: $2(;<).77 " ACCOMPLISHMENT UNITS: 1 ;Y?E' Pubiic Facti ""A"c;:A't= tNUO~'''1= I I PAYMENTLEVELI CUMULATNE CUMUL.AT1YE PERCENTAGE TASK ! I OF ACTION STEP CATEGDRY TASK REOUIRED RESOURCE APPROVED COMPLETION REIMSURSE.I,,{ENTS CONSTRUCTION PIiASE 71'12013 90'3012013 .Agency. Protect Manager, I cre-ronstruc{;on conference Constn..ICDon Manager, I I Compliance Unit! Labor I I Stand.a!'ds Coordinator and I 71112013 913012013 GC 7'112013 913012013 ~ ency , l Notice to proceed I !Obtain permits 71112013 9130/2013 1 MCV I ,Commence Construction l 1I1m)13 gr.jj)12(l13 encv , ,Remove Three {3} antiQuated plavtorunds 7/1)'2013 9J3O/2(l13 enC'l ilnstallation of Playground for 2-0 year olds with Shade canopy 7/112013 9I3OI2(l13 .ncy , jlnstallation of plavoroul".d for 5 -12 vearolds 7i112Ot3 913012013 enC'l , Subrmttai of Section 3: ?~3n 7Jtr'2Q13 I 9fSU12013 MCV I COmpRant;e Unit! tabor j PHew Revlot!W ana Approval of Secr>on 3 ~tan 7/1f20~3 913012013 ; Swnd!!rds Coordir..atof Swbmittut of Wc-ekiy Payro!ts (L~b(,)~ ComplIance) 1/1120'13 913012013 IAben"" , I I ComP'Jl3f"IC'e: Umt! labor ,I ! !Revlew of We-'.JkJy ?a'll"oU5: 71112013 9.l3012013 st:sndards Coorr.linator j ! Labor Sl~;!:"idatds COOrmrmror I I loavtS Bacon-Wage DeclSJofi ~ Employee IntetVlews I 7/1.1'21)13 913012013 and/or Proje-ct Maanger I I SubmIttal of Monmly SectIon :3 Repor. 7/1/2013 913012013 IAoen<:y , I Compfiance Unit! Labor II I ReVIEW of M;ji'Ttt!:~y S~Jo.n 3 Report 71112013 913012013 Staruta.-tis Coordmator Co.,'l1pI6!e 40% of con.struCbDn 71112013 =013 Agen<:y I , I' SUBMIT PAYMENT REQUEST SI 7Il12013 S'3QI2013 ency ! , ! !!".staH.a.tJcn Df half tJaskeL~lI court 101112013 1213112013 eney R.:move aQed picnlc faolmes (O(';;;fI!C mbJes, t>enches, aartmqe r:ecectades 101112013 1213112013 .nev-I i! !nsialtatlon of picnic faC'Hiijes {ok;nie :abIes. beoches. grilis. and g~e receptades} 101112013 1213112013 eney i !n..qaUation of water fountain 1()/ 12013 12J3112U13 eOcY I Refurbish e'X1Stno UQI'tMQ 101112(l13 1213112013 iiICi I I Repair existinq sidewalk per ADA compl;iance 10/112013 12/3112013 encv , Landscapinq tree installation, new Qrass installation, existino tree enhancements) 101112013 1213112013 ene, InstaUation of sianaae 101112013 1213112013 enC'l I I I , I I, I labor Sta..ndards Coorofr>ator I I !Oavis Bacon ~Wage Decision -Employee Intervle\\ls 71112013 913012013 and/ot ProjOC( Maange:-II I I SUBMIT PAYMENT REQUEST S 101112013 1213112013 JAO.ru;! II ' ' , , S0SMfT PRDGESS REPORT 3RD Quarter p"",~ss Rell<lrt duo Oct_, 10th 101112013 101Hl!2D13 1 JAOenc:y I· Comp1ete 10iYA: of constn..'c'Jon 101112013 1213112(l13 ~"ncy II COMPLETION OF CONSTRUCTION PHASE 101112013 12.l!l112O\3 I J SUBMIT PAYMENT REQllEST(S with final rei.,..., 01 lien. 101112013 1213112013 fAoenC'l -fj I ! Agency! Cof"lSWc.iion 11 TI II !FinaJ walk !f1r".) 10i1.12(l13 i2l3il20"'l3 Manager Certificate cl completion ~Ol112Ql3 12!31120!3 Age.'1C)I 1· I 1 Pro ect completron form Agency I Constructior'> II I il 101112013 12t'3112013 M"""'3"'" 1 i ConstNC'l.'.cn oose out 1011l2Q13 1213112(l'3 Agency I eonst",,,,ti,,,, I Iii hilanaaer CLOSE OUT PHASE , $115.U60 I Submit Ft. .... .;:;1 AnnualfC!ose Out Repc-r< (4TH Quarter?rogress Report due J;]n~ 1mh.20141 11112m. 313112014 1 }wonr:y Revl~w Anm Annu3[lCfose Out Report and Projed FUe 11112014 3131;':7.014 lir0.ii2M""""", q Reonrt accomcll.shm-enlln [;I!S , 11112014 3/3112014 IDISSooctaiist lDIS Specialist I Project I I I 11112014 3/31/2014 1IJar""agemern Supervisor Construction C!05~ alt. in !DIS andlarMar.;!ne!' Submit Close Out Letie! 10 Aoer,cv 11112(l14 3l31/2014 IDIS Soeclallst I i I I, ) I " j 1 Page 4 of 4 ATTACHMENT 1 INDEMNIFICATION AND INSURANCE REQUIREMENTS The County shall not assume any liability for the acts, omissions to act or negligence of the City of South Miami (City), its agents, servants or employees; nor shall the City exclude liability for its own acts, omissions to act, or negligence arising out of the City's performance pursuant to this Agreement. The City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by The City or its employees, agents, servants, partners, principals or subcontractors. The City shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgements, and attorney's fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City or its contractors, subcontractors, agents or assigns shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein shall be construed to extend the County's or City's liability beyond that provided in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the County or City nor shall anything herein be construed as consent by the County or City to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. The City of South Miami shall have its contractors and or sub-contractors furnish to the Miami-Dade County, c/o Public Housing and Community Development, 701 NW 1st 881M1 blHl jhnu!f):hfillllRiyirk __ IWi" AcztifiM.Woil •• lfliMliUit JJlI11lililbiu4",.w$Qif insurance coverage has been obtained which meets the requirements as outlined below: 1. Worker's Compensation Insurance for all employees of the Contractor pursuant to Chapter 440, Florida Statutes. 2. Commercial General Liability Insurance on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the agreement, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. 4. For activities involving the construction, rehabilitation or repair of housing, Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. All required insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than liB" as to management, and no less than "Class V" as to financial strength by Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida, Department of Financial Services and are members of the Florida Guaranty Fund. NOTE: CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW 1ST STREET SUITE 2340 MIAMI, FL 33128 The effective coverage start date of applicable insurances shall not be later than the date of the Notice to Proceed issued by the County and shall be approved by Miami-Dade County's ISD Risk Management Division, or successor department, prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Agreement. Any changes to the required insurance policies, including coverage renewals, must be submitted to PHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in the' Agreement and fails to cure such failure within thirty (30) calendar days after notification by PHCD, the Awardee shall be in default of the terms and conditions of the Agreement. tWtl ATTACHMENT B-2 Community Development Block Grant (CDBG) Program A. Schedule of Units -For Awardees undertaking the development of for-sale ownership or rental housing, the description of the proposed units to be completed is as follows (to be completed by Awardee): Schedule of Units ,-""----'1--"'-""-----'''----''1 ,,----, -,--,---"" 1 Bedroomf1 Bath :.::cc.::..:.;.:;,:c..:...::..::.::..;, ___ I ____ , ______ ,_+ ____ "' ____ ,~_I_~~--,-,~ '"'' ,-'-~" ~--+-,---"'.-""-~-+'-'" ,--"""'--""--+---,-" "~'--"'~''';-'I "---F' --. '-' -,~- ~-~';-;--"-'~'. -'--'="':":';-;'---'I~"'-"'--"'------,,~, ,~----'" --t"" ,,--,-----l-'--"""---------"'-'-Ic-,.,---------i Development for the period beginning on the date of recordation of the Mortgage and Security Agreement securing the PHCD loan, that: a. The Awardee shall designate and set-aside units for very low, low-income, or moderate income families in the configuration as described in the Schedule of Units referenced herein. b. At the very minimum, the Awardee shall be required to equip each unit with the following: refrigerator, oven, carpeting/tile, and central air conditioning. c. Each unit shall meet the energy efficiency standards promulgated by the HUD Secretary. d. The Awardee must verify that all households assisted have annual incomes that do not exceed 80% of the Area Median Income (AMI). The awardee must report to PHCD the number of set-aside housing units completed and occupied, including demographic inforrnation on each head of household. 1 B. AWARDEE OBLIGATIONS AND DUTIES 1. The Awardee shall begin construction no later than twelve (12) months after execution of the 2013 RFA Funding Agreement. All construction shall be completed within twenty-four (24) months of execution of the Agreement. Construction is completed when a Certificate of Occupancy (CO) is issued. 2. The Awardee shall submit to PHCD, in writing, all requests for project construction start-up and completion extensions, including a revised timetable for completion of the project. Such written requests must be submitted to PHCD at least sixty (60) days prior to the expiration date of the contract or amendment. If the extension request is not timely submitted, the funding award shall be automatically forfeited by the Awardee. 3. The Awardee shall obtain prior written approval from PHCD before undertaking any and all changes to the project. including, but not limited to changes in the proposed unit sales prices or rents (as applicable), start-up and completion date extension request, unit set-aside, floor plans and amounts to be contributed towards closing. The Awardee shall send PHCD notice of such changes within thirty (30) days of any such increase. 4. The Awardee shall execute·a Regulatory Agreement, Note, and Mortgage delineating a set-aside of units that is proportionate to the level of funding' received pursuant to the funding sources. 5. The Awardee shall forward to PHCD within fifteen [15J days of execution of this contract an Affirmative Marketing Program to attract and identify prospective renters or homebuyers (as applicable), regardless of sex, of all minority and majority groups, to the Project, particularly groups that are not likely to be aware of the Project. The Marketing Plan should include efforts designed to make such persons/groups aware of the available housing, including, but not limited to the following activities: Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami Time§., in an effort to afford all ethnic groups the opportunity to obtain affordable housing. The Awardee shall provide proof of other s ecial m . estate professional. 6. The Awardee shall provide PHCD with a complete set of permitted plans, approved specifications, and permits for each building or unit model, as applicable, upon approval by the appropriate controliling municipality prior to commencing construction. 7. The Awardee shall provide to PH CD for approval prior to awarding the construction contract for the Development, the name of the General Contractor. 8. Prior to the commencement of construction, the Awardee shall provide to PHCD the General Contractor's Payment & Performance Bond (P&PB). At PHCD's discretion, based on the Awardee's organizational capacity, track record, and experience, an irrevocable Stand-by Letter of Credit may be accepted in lieu of the P&PB. In such event, the Letter of Credit must be issued by a Florida chartered bank or national 2 bank operating in Florida in the amount of ten percent (10%) of the construction contract amount, in US funds, with Miami-Dade County listed as the beneficiary. 9. The Awardee shall schedule a Pre-Construction Conference with PHCDat least sixty (60) days prior to the commencement of construction. 10. The Awardee shall provide PHCD with a written commitment for construction financing from a financial institution(s) at the time of construction loan closing. 11. The Awardee agrees to notify PHCD in writing within fourteen (14) days of any key personnel or location changes in the management company. 12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in the name of the Awardee or the licensed design professional employed by the Awardee in an amount of not less than $250,000, and shall fUrnish to PHCD the relevant Certificates of Insurance evidencing the prescribed insurance coverage in accordance with ATTACHMENT B-1 of this contract. C. PHCD OBLIGATIONS AND DUTIES 1. PHCD shall manage its own disbursements and act as the disbursement agent for all construction loan funding draws. 2. PHCD will monitor the project for adherence to plans, unit layout and deadlines for project completion in accordance with the Contract and the Scope of Services. 3. PHCD shall forward to the County's Risk Management all required and applicable Certificate(s) of Insurance. 4. PHCD shall disburse the awarded funding only after the Awardee closes on the construction loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices in the prescribed manner and as satisfactory to PHCD. 5. D. NA TfONAL OBJECTIVE In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LMI). For activities designed to meet the LMI national objective, the Awardee shall ensure and maintain documentation, acceptable to PHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to.persons where no less than 51% of those benefitted are low-and moderate-income persons with household incomes at or below 80% of Area Median Income (AMI), as further defined in the chart below: 3 Miami-Dade County: I HUD 2013 (NOTE: IncOJlle Limits subject to change annually.) 33,700 36,400 41,800 44,500 55,200 59,650 64,050 68,450 72,900 Source: http://www.huduser.orglpublicationslcommdev/lnsp.html The Awardee may achieve the LMI national objective by undertaking activities that fall under one of four (4) primary LMI cagegories: 1. To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of low Moderate Area Benefit (LMA), the Awardee shall ensure and maintain documentation, acceptable to PHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to residents in a particular area, where at least 51% of the residents are LMI persons. The service area of the activity must be primarily residential and the activity must meet the identified needs of lMI persons. A service ars'a is considered to meet the test of being LMI if at least 51% of the persons residing in the service area are .Iow- to mOderate-income, as determined by: . a. the most recently available decennial Census information, together with the ~~~~~~~~~~~S~~~0"j~0~~,~8~i~~~eJc~e~~yijh~e~~e~ns~u~S~B~u~r~e~a~u'~'o~r~~~~~YM"~"~~~~~~ b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of l.ow Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation, acceptable to PHCO in its sole discretion that conclusively demonstrates that each activity assisted in whole orin part with COBG funds is an activity in which no less than 51% of the beneficiaries of the activity are LMI persons. Activities in this category provide benefits to a specific group of persons rather than everyone in an area. It may benefit particular persons without regard to their residence, or it may be 4 an activity that provides a benefit to only particular persons within a specific area. With respect to determining the beneficiaries of activities as LMI and qualifying under the limited clientele category, activities must meet one of the following tests: a. Benefit a clientele that is generally presumed to be principally LMf. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or b. Require documentation on family size and income in order to show that at least 51 % of the clientele are LMI; or c. Have income eligibility requirements limiting the activity to LMI persons only; or d. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. 3. Low Mod Job Creation or Retention Activities (LMJ) The job creation and retention Low Moderate Job (LMJ) benefit national objective category addresses activities designed to create or retain permanent jobs, at least 51 % of which, computed on a full-time equivalent basis, will be made available to, or held by, LMI persons. For Awardees undertaking activities to create jobs, there must be documentation indicating that at least 51% of the jobs will be held by, or made available to LMI persons. For Awardees undertaking activities that retain jobs,there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51 % of the jobs: a. The job is held by a LMlperson; or b. The job can reasonably be expected to turn over Within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. For the purpose of determining if the preceding requirements are met, a person may be presumed to be LMI if: I. He/she resides in a Census tractlblock numbering area that has a 2Q%. poverty rate (30% poverty rate if the area includes the central business district); arid the area evidences pervasive poverty and general distress; or II. He/she lives j' . rprlse ommunity (EC); or III. He/she resides in a Census Tract/block numbering area where at least 70% of the residents are LM I. 4. Low Mod Housing Activities (LMH) The housing category of LMH benefit national objective qualifies activities that are undertaken for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by LMI households. In order to meet the housing LMI national objective, structures with one unit must be occupied by a LMI household. If the structure contains two units, at least one unit must be lMI occupied. Structures with three or more units must have at least 51 % occupied by LMI households. a. Rental buildings under common ownership and management that are located on the same or contiguous properties may be considered as a single structure. 5 b. For rental housing, occupancy by lMI households must be at affordable rents as established annually by the U.S.' Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by PHCD. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 G). For Housing, Rehabilitation, and Construction activities, all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to' submit an annual report regarding its compliance with the national objective, and PHCD will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES Supplement to Quarterly Expenditure & Progress Report FY20 Recipient Name: __ ~_. _______________ . __ . _____________ ._ .... _ ... ____ . _____ . Activity Name: ____ .____ . _____ . ____________________ . ____ _ Activity 10 #: _______________ Activity Category: _____ . _____ .... _ ... __ ... ______ . HUO Activity Matrix Code: Accomplishment Type: ______________ _ HUD Matrix Code (;)escription: ____ . o Acquisition / Disposition o Structures + 0 Parcels o Clearance 1 Demolition o Structures + 0 Parcels r----Reporting-Period ---'-----1SlQuarter (Jan-Mar] "IT ---twQuarter [Apr:Junj 0 3ro Quarter [Jul-Sept] 0 ,..--..--4th Quarter [Oct-Dec] 1 0 Annual Report # of Structures # of Parcels ---o Street Improvements Persons Served + Low/Mod Income # of Facilities o Public Facility / Type: Persons Served + Low/Mod Income # of Persons Served ---o Building / Type: Facilities + Persons Served + Low/Mod Income # of Low/Mod Income D Other Capital Improvement ffype: [indicate below] Persons Served + Low/Mod Income Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T. 1. Total Persons Assisted for program year: _____ 2. Counts by Households (H) or Persons (P): ____ _ 3. Of the Total Persons, enter the number: Number of Persons With New Access to this service or benefit With Improved Access to this service or benefit , With access to a service or benefit that is No Longer Substandard Note: This field must equal the number in Total Persons Assisted. .. With .New"Access.to-tl:listypeofPubUcEacility or.JnfrastwctureJmprovemenL With Improved Access to this type of Public Facility or Infrastructure Improvement With access to Public Facility or Infrastructure that is No Longer Substandard Total ---- Note.' This field must equal the number in Total Persons Assisted. ______ ~ ___ Total Homeless persons given overnight shelter Number of beds created in overnight shelter or other emergency housing Is this activity located in a NRSA? DYes ONo If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's website -Services Near You: http://gisims2.miamidade.govICServiceslCSReport.asp . A copy of the printout must be included with this report. Provide the following information: NRSA # of Clients Served # of Clients Served ------------ COl15151712 1 of 3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES Supplement to Quarterly Expenditure & Progress Report FY 20 # of Clients Served --.--. # of Clients Served Location / Project Address: Street I City / Zip Code -or-FOlio Number is there is no street address Location / Project Address: Street / City / Zip Code -or-Folio Number is there is no street address RACE & ETHNICITY CATEGORY Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this reporting period and the cumUlative total. Report Period Totals Cumulative I YTD Totals Race Ethnicit:i Race Ethnicit:i Racial Categories ~H~_' __ H # Hispanic Total Number # Hispanic Total Number rt _____ White [11] '" , " Black I African American [12] ,._--,------Asian [13] American Indian I Alaskan Native [14] .. --~ . Native Hawaiian / Other Pacific Islander [15] American Indian / Alaskan Native & White [16] Asian & White [17] --.~~ Black I African American & White [18] r--'-----!--------'--_ .. American Indian or Alaskan Native & Black / African American [19] ---~~.---.--------Other / Multi Racial [20J -. .,. ••• 1. - OTHER DIRECT BENEFIT INFORMATION Income Levels Census ( C) or Survey (S) Data Used: If (S), enter # of Low/Mod & Total Population: Total # of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area: Percent of Low/Mod in Service Area: .. , __ ._, ___ _ Census Tract: Block Groups: Census Tract: . __ . __ ._____ Block Groups: Census Tract: Block Groups: CDI15151712 2 of 3 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES Supplement to Quarterly Expenditure & Progress Report -'----------1. CDBG Funds -'-----------2. HOME Funds .1.. ________ 3. ESG Funds FY20 1. ____ , ___________ 5. Other Federal Funds 6_ State / Local Funds -'------------- _$_--7. Private Funds ._--- $ ______ 4. Section 108 Loan Guarantee ",,$ ______ _ 8. Other: ~------------- Name of Funding Source Total Funds 'I@R-EQUIREO ATTACHMENTS-iifappllcablej:-1)-Certlficate of Completion; 2) Printout of NRSA map, if applicable; 3) D. ocumentation of performance! accomplishments, e.g., new or improved access to services, facility, or infrastructure , u'p9~c:I~_e~_<3.':l~_'!) __ £:)ocumentation as described in the Contract or Scope of Se~icl':l~! <:>!_ . .'3_s instructe~_~yt!1~_<20lJnty. __ . Title: Date: Report Prepared by: ---------------------------------------------Print Name Signature of Certifying Official: Title: ---------_____ Date: ______ _ Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements, ~.-.~ This material is available in an accessible format upon request. CDI15151712 3 of 3 MIA. H •.. tDmm· ... PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM LMI LIMITED CLIENTELE (LMC) I JOBS (LMJ) I HOUSING (LMH) NAME: PHONE: DATE: ADDRESS: ZIP: Head of Household: 0 Male 10 Female Race I Ethnicity: Do you consider yourself to be Hispanic? 0 Yes I 0 No Please check the race category which applies to you: o Native Hawaiian or Pacific Islander 0 Asian & White o White o American Indian or Alaskan Native 0 Black or African American o Asian o American Indian or Alaskan Native & White 0 Black or African American & White o Other o American Indian or Alaskan Native & Black or African American ._list Yourself and all Other P~rsons Occupying tto~,~elationship Sex M~_ Employed (Yes~oL 1. Yourself -'--'---.. __ ..... __ .-._-------_.--._--_._---'---"--'-'--"" -------------.. 2. ~------------.----.. ------.----t---.-.. ----f---.------.. ------.----.. -- ---+-------,------- -t----.. ---i---- 6. I-=----------------·-----~-----_+-------+_-.. -t__--t__-------- 7. ~..:...:.----.---------------.-.-.---+-----.--------_._--._---.. _-----_.- 8. --------~-----------.~.----~-~-------,.--,- The assistance you receive is determined in part by the size of your household and your income. All income and assets will require verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old. Wages. salaries. tips. commissions; Self-employment income; Retirement, Survivor, or Disability pensions; Social Security or Railroad retirement; Supplemental Security Income. Aid to Families with Dependent Children (AFDC) , Temporary Assistance to Needy Families (TANF), Food Stamps, or other public assistance, or public welfare programs; Interes~ dividends, net rental income, or income from estates or trusts; and any other sources of income received regUlarly, includin Veterans' VA) payments. unemployment compensation. alimony. and child support must be disclosed. Household Member Source of Income Gross Monthly Amount Received 1. 3. ------_._------------_._- 5.~ __ ~~~~:~~~~------~--~-~=__=~ Income Eligibility Acceptable Documentation: Copy of Pay Stubs. Aid to Families with Dependent Children (AFDC) 0':· Temporary Assistance to Needy Families (TANF) Official Printoutlletter. Food Stamp Official Printoutlletter, Letter confirming amount of unemployment benefits received, proof of child support or alimony, proof of SSAISSI or Veteran's Benefits, or proof of!etirement income ... __ .... , .. ___ ._ .. ___ .. ~ __ . __ .. _. _. ____ .. _ .. _ ......... __ .. ___ . ____ .. __ ..... _ ...... __ .. __ .. _. __ ... __ ., [ . -... --~.~.-.-.... -.---.. -.-,-... -.--.---.. ~ .. -.. -•.. ----------_._._ .. '] I, the undersigned applicant, do hereby al!thorize .... to verify my personal records, incluQingWages,. ~nsions~ andinvestnlE?"ts .. ltisul:lderstood ti)at Ulis autho~izationisgrant~ for the sole purpose of certifyingrny¢ligil:lilityfqr fe(jer$lfi.na.flpi,al alSsist:lI)\;;e,.Cind ttwtaU.informatipn acqujr~d in this reg~id y.,.;lIremairlcol)ndential. • u __ ~ ____ ~~ ___ ••• _._ •• ,,~. _____ ._. ____ ~._~_..:.~_. _._,_. ____ ~_._.,. BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE I AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WITH FINES OR IMPRISONMENT OF UP TO 5 YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE, AND fAlSO MAY BE SUBJECT TO CIVIL ANDIOR ADMINISTRATIVE PENALTIES AND SANCTIONS. Date CD/17/051712 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT GENERAL CDBG INTAKE ELIGIBILITY FORM l ~:~~I~~~~~~~:r.~;~i~:=;I~:-J: 1rgS§~u~ifii~;=lg$.~J--~-- requirements that restrict it exclusively to low- 3!!]d moderate-inc0':!l~_persons __ .. ___ .... __ . _____ ._. _____ . ____ ._ _. __ . ____ . ___ ....... _ .. __ ._._ .... _ Family means all persons living in the same househOld who are related by birth, marriage or adoption. Household means a/l fhe persons who occupy a housingUhit. The occupants may baa single family, one I person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements; . .' !Income. For the purpose of determining whether afarnily orhouseh9Id·,islow~,andmoderate-income under i subpart C of this part,grantees may se.'ectanyof thet~ree(lef\riitiorisjistedbeloWfqreach activity, except that I integrally relafr:!d activities of the . same. typeCindqualifYin9under the.$a'me para9raptlof570.208(a) shall.use the same definition of income. The option to choosead~finlti(jndoesnot apply to actiVities that qtii:lIify under 5];0.208(a)(1) (Area benefit activities), except when the recipient carries out a survey under 570.208(a)(1)(vi}. Activities qualiryinguhder 570.208(<3)(1) generally must use the area income data supplied to recipients by Hub. The '~h~e,defitdti6osareas follpws: (i) :Annu~i-inco:me as.cteflrted I;Inql3.r'th.eSectiol1~1'i9u~i.rj9t\~~s,jstartcePaymenJs;.pf~gramat24 CFR 813,106 (ex~pHh~tif.the!Ct)BG:as$1~~nq~bejf:)gprq~{~~~·1~~tWM~wn¢rr~n~p.ili~ti<in:~Jl~er$70<2()2t the vallj~~f tho'h0meowners primary feslaeh'iema-y 'beexGfQ,tjl:}d:fi'dm:~ny%~ldtilatiQrt(jf'.Net:Fa'mllyASseb3); or Estimate the annual income' of a.f~mily.orhOUs$hOklbyprojectin9. th!a. prevailing 'rat~ of income of each p~r~on at the time assistance. is pr(;)\)ide~JQr t~e indiyi<!i!I;lI, tarniLy "or h()q~ehQld:(ap,,!pp:lipab!e), :Esti .. '. :annual.incomesh.aU· inq(l,l.de,inGqm:e;fi:()It!~IFt~ml!y.,Qt:Mp'~ei1pl.<;ltnern~~($,;9~~ppliG?11:>\~i'n'C9rne :Gr:a-, ',Hfi~n-ooment.'defjvedfr9m'lt~·.cbBG,f~'ssj$ted;~l~(MtY.st1:aflliiBt<lil~·.~nsi~(;}r~'(j:lI:iGfiIClJlatil'lg.·.estirnated anflualinc()me; . .. .. .. ... Lo~"andflloderate~inc()me:hou$e1iold meansahou~eh()ldhavinganihcomeequal to or less than the 'Section glow-income IimitestablisheqbYMlJD· .".. ..' . . ; Low~ and,:m()detate-incomerpel'So'n:me?(i~amElmb9(0(,B:l~miiy h;~I\;inganii1co(Tle~eqval~o or less th~nthe . Seojlon-g"joW"ih'GQrne Jlfrijf;~s~pn$n~~'1)y:.:HtJP ;.<Vl)i~latj3~ji(lQ[V!{f~~1~;Wilfbe¢o~~j~el;~d'~s ·6ri¢~p~rs()n families :=t~ ·· ... he.'":~is·~!~~~S~o~~~~~:~~,~~~~i~~~~c9~~~;;ll~pitw~~ri9n 8.v~ ·Iow , . L~W~lnC()mep'e~o~~g~,~s a ~~r.npertifa iamllith~t h~s ani6~~~e:~~l,a{ t06fle55 than the Section -8 very I ' .. ' " . .. . ' . . ,. -., ~. . , : .. , -,{. ~ INSTRUCTIONS FOR IMPLEMENTING AGENCY rv;:'''.~.:-----''-''--'--''''--'''''''' .. -''---''-'''''''''.-''-'''-"'.''''---'''--'-~---''-.,,~. --.... _-_.-....... ---..... ~., I ~ou must first seek third party verification. This is a verification that is received directly from the source of income. : LI!lE3 regu~st ~I!.~~J~Y m§!i!Lf§!~!.2r_~flJ9il. It .r:!l.l!.~J be cI~<:!r[Y~..\fLqE!!lce<iJbCl!!~""Cl~_f~~ived fi:ornJhe s~lJrce__m J Warning: Tille '18. US Code Section 100'1, states Illal a perSOJl who (flowingly and willingly makes false or fraudulent statements to any Department or Agency of 1110 United States is guilty of <I felony. State Iflw mflY also provide penalties for false or fraudulent statements, fit ~'>$i';1 This material is available in an aCCf:)ssible format upon request CD/17/051712 2 of 2 t£~.MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami-Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: o CDBG o HOMELESS (SRO/SHP) 2. Indicate Fiscal Year: FY 20 __ 3. Name of SubrecipienUAgency: o HOME DEDI .--~-.... -----.. ---~.-.-•.. --.--- 4. Name of Proposed Activity: o HOPE VI o NSP .------~--~--.---.. ---~ ... 6. . Site Fq/io Number{~ __ .. ______ ~ r-..... --.. -.. -.... ----.-.-....... --... -.--.. --........... ~-~ -_ ...... -. __ ..... _-_._--_ ... -....... .. .. -.-.. -.-......... ~---.--.. --... -.-.-•... -. • ___ ~'N ___ ··" __ ~ .. _____ • ___ • __ .m._~ , ___ .~ ____ ._.'"~_ .. '". ____ .",._~_". ____ ,~_,,~.~. ~ __ ~~ _'ov~ ___ ~ _~ _ ~~._______ , .. _. ___ ~, ___ •• __ ,,~.~ ___ ~. __ ~.~ __ ._,,_-.O'''._~.~ __ .~ ____ _ . ·.I~···· I. in T' f'li . "liS ) UlJ Il:n'"; . rr. 1.1. e3mm SSfon Ufsmct(S{ 8. Direct Contact information of loan/grant recipient: 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. --~-.~ •.... -----.--.-.-.-.--... _ .. __ .-. . ..... -.-_._--_ .. _-_ .. _--_._-- 11. What is the status of activity or project? For example, Pre-Development Phase, Rehab/Construction Underway, Rehab/Construction Completed, etc . . _. ____ .. _ .. _ .. _ ........ ____ ._ ..•• _. ____ ....• _. ____ ••. _____ ._ •...• _. ______ ...• ________ -0·_--_··· .•.. ·.0 .. 0_ .. -_--· ....... __ 0_._ Part II. PROJECT OUTCOME Will the activity or P!9ject result i!] the followil}g_? __ 'O_. __________ . ________ ._o __ ..... ___ .... ~ __ _ YES NO --.. _-..... --..... --------... -.--1----0---:::-:-.---;--------.------.-----..... ---........... --.- r--.--.------r .. ~.-----____ 1. Change in us~ ..... ______ . __ i-----------t-2. Sub-surface alteration (!~. exc~~tjons) _____ ..... _.o __ _ 3. New construction .....:..:'---':='-"-;;,,;.....;:~~"-'-'-'-'---cc----•. --...... ------------ 4. Renovation or demolition ------. __ ._--_ ............. _-_. -'--:::-:--'-'---o-_..;.c.c....;.c.--,,-_. .... ___ ·_.0 ____ .. ··.•.. . ... ~ __ 5. Site improvements (utilities, sidewalk, landscaping, storm .. _--_ .. __ ..... -----_._ ............. -.. -.---_ .. ___ .. _______ .. _ ... _...... _._ ...... __ r--:::-'-" drainage, parking areas, driv~s. etc~ __________ _ •• _ .. ________ 0_ •• _ ... ___ 6 ... Building improvements (windows, doors, etc.}. ___ . __ ... .. ___ . ___ . __ .. ________ . 7. _ Displacer.nent of persons, D.2_~ehold_s or busines_l? _______ .. __ . _ __ ... _____ . _____ 8. Increase in...e0pulati9.n working..2 r living.o2..~ite 0 ... ___ _ __ .. _ .. _ J!: Land acguisition . ___ .. __ 0 ______ •• __ •••• __ .. -.. ----1 _____ . __ .--+_1:-c0:-._A-:-C_t_i_v~ity'__in_1_00.-year floodplain --.-:-:----:--:---,----;---=-==-::c--.:-::~--1 11. A new nonresidential use generating at least 1,375,000 gallons o,f w~ater or 687,500 9Cl"ons of ~~'!Y~ge per day: __ _ 12. Use requiring operating permit (i.e. for hazardous waste, _____ .. ,._,... .. .... _ ........ ____ ...... pretreatment of .. ~_wage,~~~....... .. _____ ........ ~ _ ____ . __ ........... ___ r-__ ~_. __ .. ____ ...... ~.A sani!'?!!:y landfiltgr hazard()us waste-disposal site ..... _ 14. Tree removal or relocation ------......... --.... -... --.. -_ .... · .. ·---...... ·· .. 1K Strl-'!At.. · ..... ~r~ ... ---... ---.. -... ,-----....... ----..... - _~ _______ ., .. _ ... _.L _____ .... ______ .. 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or ~verting_ or .. <:l_~~_nin..9 of a body .. S'f waterLoo, Part III. SITE SPECIFIC INFORMATION 1.. Land Use: Describe the existing and proposed land use: • Existing? " Proposed? 2 • Does the site have any known contaminants? DYES o NO • If there are known contaminants, has a Phase I audit been completed? If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. DYES 2. Site Plan: o NO Does the proposed activity include a new structure(s) or site improvements on a site-.9f one (1) acre or more? DYES o NO If 'les, a site plan must be provided. Project(sj will not bG environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? DYES o NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure{s) on site? DYES o NO • stimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s}? DYES o NO If yes, what is the estimated cost of rehabilitation or renovation? ________ _ What is the amount sought for funding? __ .. In addition, indicate if the estimated value of the improvement represents: o 0 to 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure{s) o 75 percent or more of the market value of the structure(s) 3 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? DYES o NO If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous sUbstance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (avaifable through the Department of Permitting Environment and Regulatory Affairs (OPERA), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA»: and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? DYES o NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? DYES 0 NO If yes, please submit the results. • Have any child under the age of six at the site been tested for elevated levels of lead in the body? DYES If yes, please submit the results. 7. Other Site Information: o NO ---.. -. YES ~ NO ---+---_ .. _ ... _ ... _ .. __ ..... --.-.-.~.--- __ '1.:._ Flood j_~surance r~guired? .. _____ .. ____ •...... __ .......... _____ . __ ',m ... ' __ _ 2. Public water available on site? -.. " .. -----»~, 3. Public sewer available on site? . __ ._<---------_.-,,------, -~.."~ .. -~ .. ----,, ~.~.- 4. Children under 6 years of age residing on site or relocating to site (including day care _ .. _.l<:l£ility)?_ .... _____ .. _ ... __ ........ __ ... _m ......... ___ ._ ....... _. . ......... _ .. __ .... __ _ .-..Ji..:...Hazardou~'!"aste di~p.osal facility?.. __ ._ .. _ .. ____ ....... _._._. _ .. " ___ .. "" __ _ ~_.Storage_of hazardou~ .. materials on site? ._ .... _. _____ . __ . _____ .. , ____ .. ___ ... _____ ._._. ___ . ____ ... _ __ Z·_AbanQgD~.~_ stru~tl:!~~(§l on.§ite? __ '_" ___ ' __ ~ _. ________ .. ___ . __ ... __ ..... ___ . __ .... _ ... _ .... _ 4 Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit streeUplat maps that depict location of property in the County and/or City with the location or lot clearly pOinted out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affecb~d by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the PHCD staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title '-Na~me of Organization or Corporation --"'''---= Date Unless otherwise indicated, return completed form and attachments to: Project Management Division Public Housing and Community Development Miami, Florida 33136 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: T~ee of Activity EXEMPT* CENST** CEST*** EA**** Economic Development New Construction X Rehab X' X2 Non-Construction/Expansion X Housing Single Family Rehab X Multi-Family Rehab X' X2 New Construction X Homeownership Assistance X Affordable Housing Pre-Dev. X 1-------------Capital Improvement Handicapped Access X Public Facilities Xl X2 Infrastructure Xl X2 '----~,,~"---.'-----_. -- 5 r--:-:-----:-:---::---:----------......,----..-.,----. .....,---------- Public Services Employment Crime Prevention Child Care Youth or Senior Services Supportive Services Type of Publication x X X X No Public Notice/No RROF X No Public Notice/No RROF No Public Notice/No RROF (No Statutory Requirement Triggered) Or Publish NOI/RROF (Statutory Requirement Triggered) Publish FONSI and NOIIRROF Estimated Time Frame (Excluding 30-45 Days 30-45 Days 45-90 Days 90 D~YS Tri gered Statutes) Minimum ~~~~~~~ ____________ ~ ________ ~ ______ ~ ________________ _L~~~. Xl If for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% * ** *** **** Exempt CENST CEST EA Exempt Activities Categorically Excluded and Not Subject to 58.5 Categorically Excluded Subject to 58.5 Environmental Assessment (Format II) 6 CD/43/31413 PHCD Solicitation Approval Letter, dated August I, 2013 MIAMI'~ ti·lIJhi]~ Carlos A. Gimenez, Mayor August 1, 2013 Mr. Steven Alexander City Manager City of South Miami 6130 Sunset Drive, City Hall 1st Floor South Miami, Florida 33143 Public Housing and Community Development 701 NW 1st Court· 14th Floor Miami, Florida 33136-3914 T 786-469-2100 F 786469-2237 miamidade.gov Re: Approval of the bid package soliciting bids for the Marshall Williamson Park Improvements project Dear Mr. Alexander: Public Housing and Community Development (PHCD) has reviewed and approved the City of South Miami's (the City) request for approval of the proposed bid package for the Marshall Williamson Park Improvements project for the FY 2013 Community Development Block Grant (CDBG) contract. However, due to the fact the bid package is only for the installation of playground equipment, the Wage Decision changes. Please make sure that the City use the attached revised documents, instead of the document that were previously forwarded to the City. Once the City has made its final selection of the Contractor, you must provide the following documents to PHCD in order to determine that the procurement process was open and competitive: • Complete bid package from the selected Contractor • Bid tabulation for all the proposals received by the City • Recommendations by the City's staff regarding selection of Contractor • The City's minutes or resolution approving selection of Contractor • Certificate Regarding Lobbying Form from the selected Contractor • Form W-9 Request for Taxpayer Identification Number of the Contractor • Copy of proposed unexecuted agreement • Copy of the actual bid advertisement If you have any questions or concerns, please contact Letitia Goodson, HCD Project Manager, at 786- 469-2220. s~.n erely ~ 11 ~,,-,jJ)!t~ __ Claren e Brown, Director Community and Housing Division Enclosure c: Alfredo Riverol, Chief Financial Officer, City of South Miami Jennifer Korth, Grants Administrator, City of South Miami Letitia Goodson, Project Manager, PHCD Daily Business Review Advertisement MIAMI DAILY BUSINESS REVIEW Puolished Daily except Saturday, Sunday and Legal Holidays Miami. Miami,Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personaily appeared MERCEDES ZALDIVAR, who on oath says that he or she is the LEGAI_ C,ERK, l,egal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -RFP # PR2013-08 PLAYGROUND EQUIPMENT FOR MARSHALL WILLIAMSON PARK in the XXXX Court, was published in said newspaper in the issues of 08/08/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County. Florida, for a period of one year next preceding tile 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 of securing tillS advertisement for publication in the said newspape"'i!ll_ L}--- Sworn to 6il(j subscribed before me this ;&. 8 d .. ' .. of Al!..GUS~T./) . A.D, 2013 _,L:=L_._) A-/'11, /7//') "'" ;--..._7' v .. ,,/} /~,.~ '(SEAL) MERCEDES ZALDIVAR 11e CITV OIF SOUTH MIAMI FILA YOROUND EQUIPMENT FOR MARSHAU. Wn.UAMSON PARK RIFP #PR2013·08 The City of South Miami, Florida, hereinafter referred to as "CSM", through Its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "AFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals') to ·City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PR2013-GS titled "Playground Equipment for Marshall Williamson Park." The site Is located at 6125 SW 68 Street, South Miami, FI 33143. The purpose of this RFP is to contract, the services necessary for the complete the installation and construction of the proposed playground equipment in accordance with the "Scope of Services." The project is funded through a federal grant, Community Development Block Grant, (CDBG) through Miami-Dade County. Proposers must comply with the CDBG requirements. See "Attachment A To Bid Package." . Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://www.southmlamlfl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents listed in the AFP Table of Contents. The Proposal Package shall consist of one (1) original unbound proposal, two( 2 ) additional copies and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy ali of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Rorida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFp" as follows "Playground Equipment for Marshall Williamson Park" RFP # PR2013-0S and the name of the Proposer (also referred to as "Aespondenr). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, August 30,2013. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not· be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor ofthe Clerk's receipt stamp. .lLM~.!1lli!\9.!:'L.P.t!t1!l:1'U~.2.~LM.l!!!ltiWLw.!!Ui!U'l~E!~a.LCJ!y.Jilill lrU i _J.QJLClll!Jn!L~JJ1JY!.Q!1!LM{.. . .Al!\W~m_1!t tQ;Q!L he conference shall be held regardless of weather condlUons. Proposals are subject to Ihe larms. c()Ildllionl> and provisions 01 this lattorllu well as to·1l10(\e provisions; lerms. conditil)l1ll', affldavlh, and documenls cqntalned 111 this RFP Package. The Clly 1~€HVeS Ihe rlgl1l to awardlhe ProjOGt \0 the person with tho lowest, moal rn.'lpol1Slve. responsible Proposal. as dotermlned by the City, subject to the nghl of tho City, or the Cily Commission. 10 [ojact any and all proposals. and Hle right 01 the City 10 waive any Irregularity In tho Proposals or IWP procedulO and subject also to the light of the Cily to awmd the Project. al1d exeulJle a conlracl willi a AflspondHnl or Respondents. other than 10 one who provided the I()wesl Proposal PlicG. Maria M. Menendez, CMC City Clerk City of South Miami NOTICE TO BIDDERS/PROSpECTIVE CONTRACTOR(S) This projoot, will be federally funded. In ~lart or wl10le through tho MlarnioOade County Public Housing and Community Developn'lenl with Q!!mmYn!.ty:_JL'!W9»1l1lllJ1tJ~JqQKJa!1m! lunds from the U.S, Oepel1ment of Housing an(j Urban Davalopnwnt tHUD) and as SUCh, bidder must comply with Presidential Executive Order 11246, as amended; by EXe(;UIiVe Order 11375.; Tille VII of 1l1e Civil Rigl1ts Act of 1964 as amended; the Davls·Bacon Act 01 196B. as amended; the Copeland Anll·Kickback Act:. the Contract Work Hours and Safety Stamlmds Act and alt other applicable federal, state and locallaw5. regulations, and ordinances. Note thaI bidder il1 required to pay workers on this pro/eel tila minimum wages as determined in Ille Wage Determination Decision Included in the Bidder's pao;kago; Hnd that the contmc\or milS! onsure Illat ernployees are not dlsorlminated b{lCallSO of race, color. religion, SI,X, or fl<lt\onal origin. This proJecl is also a Seclion 3 cov()red activity, $ecllon 3 requires that II· "It ,lJj;1\J IfJi"iWlg\l!lW~IJ?lildl cOdltfa(;ting opportunities b6 directed \0 ()41 PIJIl' POIBIJdoJddll' B In 0 /. !"'cl IIjIIfIO;) i.J! UOlllltld"& ,>all( Sill! SIS<)lI'lIUi 01",· A""rl".rl ~.~ll~erll~S .. ~~~~~!~!O ,~I"IS alll )0 UOIG!i,jPQilS Demand Star Solicitation Results Member Name City of South Miami Bid Number RFP-RFP #PR2013-08-0-2013/SK Playground Equipment for Marshall Williamson Park 6125 SW Bid Name 68 Street South Miami, FL 33143 3 Document(s) found for this bid 16 Planholder(s) found Supplier Name Address 1 A2Z Sales 400 Travis Road Awnings by Design, Corp. 3945 NW 32nd Ave # C bejar construction, inc 6326 sw 191 ave Construction Journal, Ltd. 400 SW 7th Street ConstuctWorks 111 W Washington St Dominica Recreation Products PO Box 520700 isqft -MAIN ACCT 4500 Lake Forest Drive Leadex Corporation 2601 SW 69 Court Leathers & Associates 106 Mako Lane McGraw-Hili Construction Dodge 4170 Ashford Dunwoody Rd Onvia, Inc. -Content Department 509 Olive Way, Suite 400 Play Space Services, Inc. 3125 Skyway Circle Playmore West, Inc. 10271 Deer Run Farms Road Rep Services Inc. 581 Technology Park 50uthern Park and Play Systems 8534 Eola Ct. VendorLink LLC - 122g1 Research Parkway Address 2 Toledo Ste.450 Suite 502 Suite 1 Suite 1009 Suite 223 City State Zip Phone Fax Attributes 1. Hispanic Toledo OH 11735 8007461218 8007461216 Owned 1. Hispanic Miami FL 33142 7865545595 3056962220 Owned pembroke pines FL 33332 9544315981 9544314627 Stuart FL 34994 8007855165 8005817204 Chicago IL 60602 8777376482 3122757197 1. Small Business Longwood FL 32752 4073310101 4073314720 Cincinnati OH 45242 8772271680 8665708187 1. Hispanic Miami FL 33155 3052662028 3052645350 Owned Jupiter FL 33477 6075920881 6072771433 Atlanta GA 30319 4043036794 8009887563 Seattle WA 98101 2063739500 8882637801 Melbourne FL 32934 3217750600 3212422216 Fort Myers FL 33966 2397912400 2397912401 Lake Mary FL 32746 4078319658 4078345366 1. Small Business 2. Woman Owned Melbourne FL 32940 3217299700 3217298357 Orlando FL 32826 4074010031 1111111111 1. Small Business Sun Biz Registration Detail by Entity Name NAcel, DAVID 10 DOGWOOD AVE. IIV' <;;;,'-o .... 'u RNE, FL 32951 ONZALEZ, LAZARO SEVENTH AVE. NDIALANTIC. FL 32903 L03000023078 200520823 06/2412003 FL ACTIVE Page 1 of3 http://search.sunbiz.orgllnquiry/CorporationSearch/SearchResuItDetaillEnti... 8/30/2013 Detail by Entity Name ~ll!1ual Rem>rJs Report Year Filed Date 2011 03/03/2011 2012 01/26/2012 2013 03/25/2013 Document Image~ 03/25/2013 --ANNUAL REPORT QJL2p/2Qt2~-=Al'!NU_~L REPORT 03/03/2011 --ANNUAL REPORT 01/21/2010 --ANNUAL REPORT 03/20/2009 --ANNUAL REPORT 03/03/2008 --ANNUAL REPORT 04/29/2007 -ANNUAL REPORT 03/01/2006 --ANNUAL REPORT 01/28/2005::-ANNUAL REPORT 01/29/2004 --ANNUAL REPORT 06/25/2003 --Flo[ida limited Uab View image in PDF format j , View image in PDF format j ,--------~,,-~~~~- _,,~i~w i~,!ge in PQ~ format_J .,.".-,-... "',.--"~" ".,', " , -"'" .... '.J View image in PDF format . --."" .... ",. . , .. .... · .. ' ... ·-.... ·'·~'·I __ yi~~mage in PDF format View imagein'PDF'format .... r ~, View image!n 'PDF fOlmat=.J . ,. .......,",." ... ,." "'--",.,'" """'''''''1 View image in PDF format View image in PDF format I [' ,"View image in"PDF format -] ili~;' View imagei'n PDFfol"ma(i .--~~------,,----~ COPYright V and Privacy PoliCies S tate of Florida, Department of State Page 2 of3 http:// search.sunbiz.orgllnquiry/CorporationSearchiSearchResultDetailIEnti... 8/30/2013 FILED 2013 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L03000023078 Entity Name: ADVANCED RECREATIONAL CONCEPTS. LLC Current Principal Place of Business: Mar 25.2013 Secretary of State 3125 SKYWAY CIRCLE MELBOURE, FL 32934 Current Mailing Address: 3125 SKYWAY CIRCLE MELBOURNE, FL 32934 US FEI Number: 20-0520823 Certificate of Status Desired: No Name and Address of Current Registered Agent: BRADLEY. RICHARD 1138 NEW YORK AVE ST CLOUD. FL 34769 US SIGNA rURE: Electronic Signature of Registered Agent Manager/Member Detail Detail : Title Name Address MGR ANTONACCI, DAVID 210 DOGWOOD AVE. City-State-Zip: MELBOURNE FL 32951 TItle Name MGR GONZALEZ. LAZARO Address 440 SEVENTH AVE. City-State-Zlp: INDIALANTIC FL 32903 rna! II!!! nrOf'ildif',lllnif,>:1rnri ~f) 'his ,'']0(1(/ '11" ",DD,em"n,eJ !~}D()I! S f!:;f! and fi;~ .. 'I;r'l(;~ -In(J 'tial :11/ ,mr:(!r)r'/(; ,'I:flfl '-h}Vi~ il1I1 iame !In -) '."el, :;iI}iq; rr/f-:Ir!f)Or -;r m;)(1:Jq8r Jf ~l)(? J:r.i{o(1 ;OffJp:)r y '-:;r !r'~ !'JC(~:V0r )r ~{lJ;":fU~ ~nlpov",(yJ:{! :'0 ')~DCl}lo NliX;r! 'Nili!r~1(1 J}' sr(J;\lAfL,RE: LAZA.RO GOI\jZ/~LEZ IvlAl\lAl3lNG MI::MI3ER Electronic Signature of Signing Manager/Member Detail Date '"ldec! '/ ;))'Uie .JOffel "Of]. )l(J(Ui'}"";, ;fld 03i2:-)/201 :-\ Date