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FLORIDA ENGINEERING & DEVELOP, CORPT(j014)q EA Ik F&�6 Av) ) if PROJECT MANUAL FOR SW 66th Street Improvements Project Phase II A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT City of South Miami City Project Number SM -201 1 -10 -PW "Excellence, Integrity and Inclusion" South Miami bAd I I ir YOGI CITY COMMISSION Mayor: Philip K. Stoddard, PhD Vice Mayor: Commissioner: Commissioner: Commissioner: City Manager: City Attorney: City Clerk: Public Works Interim Director: Valerie Newman Walter A. Harris Velma Palmer Brian D. Beasley Hector Mirabile, PhD Thomas Pepe, Esq. Maria Menendez Keith A. Ng, CFM BID FORM SW 66th Street Improvements Project Phase II THIS BID IS SUBMITTED TO City of South Miami City Clerk's Office City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. The undersigned BIDDER proposes and agrees, that if this Bid is accepted, to enter into a Contract with the City of South Miami in the form included in the Contract Documents which are part of this Bid Package to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated therein and in accordance with the other terms and conditions of the Contract Documents which include those prepared by EAC Consulting Inc.. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDERS, including without limitation those dealing with the disposition of Bid Bond /Security. This Bid will remain subject to acceptance for 90 days after the day of the Bid opening. BIDDER agrees to sign and submit the Contract with the Bonds, Insurance Certificate and other documents required by the Bidding requirements within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that: a. BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. 7 Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: b. BIDDER 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. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. d. BIDDER 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 BIDDER hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by BIDDER for any reason in connection with the Bid. e. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has reviewed and checked all information and data shown or indicated on 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 BIDDER 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. g. BIDDER has given EAC Consulting Inc. written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors, discrepancies has been found and notice given, the BIDDER represents to the City that the BIDDER has received a written notice of the resolution thereof by Consultant and that such resolution is acceptable to BIDDER. h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from Bidding; and BIDDER has not sought by collusion or otherwise to obtain for itself any advantage over any other BIDDER or over the CITY. 4. BIDDER understands and agrees that the Contract Price is the lump sum that it needs to furnish permits and install all of the Work complete and in place. The Schedule of Values is provided for the purpose of Bid 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 Contractor shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete, in place Project for the Bid Price of: y LUMP SUM BASE BID: IWO ,�OdKCl IAI &A % / d l bil u dollars and Alternates: #1 #2 el I WO cents #5 U9 #3 #7 $ 2 6.02 ADDENDUM No. 3 Project Name: SW 66- Street Improvements Project Phase II RFP NO. SM- 2011 -10 -PW Date: July 22, 2011 Sent: Fax /E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued BID Documents, and is hereby made part of the BID Documents. All requirements of the BID Documents not modified herein shall remain in full force and effect as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid Form. The following changes, additions, and deletions amend the above - captioned Bid /Contract documents, and shall become an integral part of the Request for Proposal responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. The following attachments are to be incorporated as part of the bid documents: I. Addendum # 3 Additional Information THIS ADDENDUM SHOULD BE SIGNED AND DATED BY THE BIDDER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF BIDS. THE BIDDER BY IDENTIFYING THE ADDENDUM NUMBER IN THE BID PROPOSAL AND BY SIGNING AND SUBMISSION OF EI BID dSHA�L/LSERVE AS PROOF OF REC2�PT OF THIS ADDENDUM. NAME OF FIRM: SIGNATURE: DATE: ADDENDUM No. 2 Project Name: SW 66. Street Improvements Project Phase II RFP NO. SM -201 I -10 -PW Date: July 22, 2011 Sent Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued BID Documents, and is hereby made part of the BID Documents. All requirements of the BID Documents not modified herein shall remain in full force and effect as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid Form. The following changes, additions, and deletions amend the above - captioned Bid /Contract documents, and shall become an integral part of the Request for Proposal responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. The following attachments are to be incorporated as part of the bid documents: I. Addendum # 2 Additional Information 2. Revised Schedule of Values — Bidders must use this form to render a responsive bid 3. Line Item Descriptions 4. Landscaping Drawings 5. Bid Holders List of attendees of Pre -Bid Meeting held on July 20, 2011 THIS ADDENDUM SHOULD BE SIGNED AND DATED BY THE BIDDER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF BIDS. THE BIDDER BY IDENTIFYING THE ADDENDUM NUMBER IN THE BID PROPOSAL AND BY SIGNING AND SUBMISSION OF TH R BID SHAL"ERVE AS PROOF ECEIPT OF THIS ADDENDUM. NAME OF FIRM:nf " SIGNATURE: DATE: ADDENDUM No. I Project Name: SW 66' Street Improvements Project Phase II RFP NO. SM -201 1 -07 -PW Date: July 14, 2011 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued BID Documents, and is hereby made part of the BID Documents. All requirements of the BID Documents not modified herein shall remain in full force and effect as originally set forth. Receipt of this Addendum shall be acknowledged on the Bid Form. The following changes, additions, and deletions amend the above - captioned Bid /Contract documents, and shall become an integral part of the Request for Proposal responses and the subsequent Contract. Please note the contents herein and affix same to the documents you have on hand. The following attachments are to be incorporated as part of the bid documents: I. Engineering Drawings; 2. Technical Specifications; 3. Attachment A— SW 66" Street Improvements 4. MDPHA Section 3 Certified Vendors June 2011. THIS ADDENDUM SHOULD BE SIGNED AND DATED, BY THE BIDDER AND SUBMITTED AS PROOF OF RECEIPT WITH THE SUBMISSION OF BIDS. THE BIDDER BY IDENTIFYING THE ADDENDUM NUMBER IN THE BID PROPOSAL AND BY SIGNING AND SUBMISSION OF THEIR BID SHALL SERVE AS PROOF OF RECEIPT OF THIS ADDENDUM. / 1 NAME SIGNA' DATE: #a #8 5. The ENTIRE WORK shall be completed, in full, within 120 calendar days Substantial Completion; 150 calendar days Total Completion 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 Paragraph 6 of the Contract. 6. Communications concerning this Bid shall be addressed to- BIDDER: BIDDER: T(O L vv /����7 DLs Vu2sa WON' Address: 1 Zb 76 I%41 0 �147fbewY3 R-, 33 0 /8 Telephone: Facsimile: Attention: 7. The terms used in this Bid which are defined in the General Conditions of the Contract shall have the same meaning as is assigned to them in the General Conditions. SUBMITTED THIS 3 /" j DAY OF M VP 2011. BID SUBMITTED B/ e WkJ6 W Company jwr ��V Name of Person Authoriz o`Submit Signatur Title dos I�'� Telephone Number � Fax Number Email Address Below is a revised Schedule of Values for SW 66th Street Phase II Improvements. Item # Description I Unit I Qty lUnit Price Amount SITE DEVELOPMENT 1 Mobilization LS 1 6CC1•°D 2 Dust Control LS 1 00 I 3 Clearin And Grubbing LS 1 / 0 .00 ! 4 Removal of Existing Asphalt SY 2,230 .3 3 5 Removal of Existing Concrete SY 770 0 0 /• 6 1 Removal of Existing Drainage Structure EA 3 6 7 Type S -III Asphalt SY 1,360 ngs A21 8 Concrete Sidewalk 6" Thick SY 800 3 9 Colored Concrete 6" Thick SY 90 0 . 10 Brick Pavers SY 290 6 . 11 Curb and Gutter LF 1,105 S N1�15 12 Dro Curb LF 15 DRAINAGE,' 13 18" HDPE Pie LF 37 q6. rjOZ ' 14 18" French Drain LF 24 ! 6P 15 Curb Inlet with J Bottom EA 4 200• 16 XO,u 16 Storm Manhole EA 1 31 Ox . 000' STRIPING 17 24" White Thermoplastic Stripe LF 35 Z40, 0 18 18" White Thermoplastic Stripe LF 46 0 • 19 12" White Thermoplastic Stripe LF 107 3.60 20 6" White Thermoplastic Stripe LF 213 323.W 21 6" Yellow Thermoplastic Stripe, Skip GM 0.07 22 22 6" Double Yellow Thermoplastic Stripe LF 75 ° L 23 Reflective Pavement Markings RPMs EA 20 24 Maintenance of Traffic LS 1 100 .3.000.04 25 Detectable Warninq Surface 26 Si na a LS 1 3 LANDSCAPING 27 M rcianthes Fran rans EA 9 3/ - 28 Thrinaz Radiata EA 17 0O 29 Ficus Green Island EA 860 2' 30 Mulch I SF 1 325 1 0-601 115 " MISC. 31 1 Performance and Payment Bond LS 1 OQ7. Mo 32 Contingency (10 %) - An allowance for Unforseen Conditions LS 1 0 002' "'GRAND TOTAL i Updated 7/2212011. This form must be utilized to render a responsive bid. i i i i 7 02- Jul 21 2011 5:1013M HP LASERJET FAX p,2 BID BOND SW 66th Street Improvements Project Phase II STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, Florida Engineering and Development Corp. , as Principal, and Berkley Regional Insurance Company , as Surety, are held and firmly b�undgto th? Rik of So�t�tt I�llaml, a municipal corporation of the.aState of Florida in the sum of ive ercen o moun i Dollars ($ 5% of Amount Big ), 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 Bid dated August 3, 2011 , for the SW 66th Street Improvements Prolect Phase li. it was a condition precedent to the submission of sold Bid that a Bid Bond in the amount of five percent (5 %) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, fulfill the obligations of the Invitation to bid and bid documents; NOW THEREFORE, A. If the principal shall not withdraw said bid within ninety (90) days after the date for opening of the same, and shall, within tan (10) days after the prescribed forma are presented to it for signature, enter into a written contract with the Owner in accordance with the bid 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, 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 prinelpaPs unauthorized withdrawal of said bid within ninety (90) 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 bid 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 within ten (10) days after the proscribed forms are presented to it for signature and /or in the event that the principal is not awarded the bit but fails to waive all claims that arose or might have arisen out of the bid process in the event that the bid is not awarded to the principal, 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 Bid 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 proceedings required to obtain the court order of disbursement, Including the cost of all appeals or other proceedings, as well as the fees and costs Incurred to collect these damages. IN WITNES_9�rV) IEREOF, the above bon sd parties have executed this Instrument under their several seals this r day of Augus 2011, the name and the corporate seal of each corporate part i hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE (seal 10 Jul 21 2011 S:lOPM HP LASERJET FRX SECOND PAGE OF A TWO (2) PAGE BID BOND ATTEST: As per attached power of attorney Secretary (Individual or Partnership Princlpal) 12076 NW 98th Street (Business Address) Hialeah Gardens, Florida 33018 (CitylBtate/Zip) 305 - 820 -8333 (Business Phone) Berkley Regional Insurance Company (Corporate Surety)" By: p✓ Warren M. Alter, Attorney -in -Fact P.3 'Impress Corporate Surety Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorizad to transact business in the State of Florlds. No. 7959 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company "), a m corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, L has made, constituted and appointed, and does by these presents make, constitute and appoint: Warren M. Alter, David T. Satine o or Dawn Auspitz of Alter Surety Group, Inc. of Miami Lakes, FLits true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00 /100 Dollars 1 ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers y .5 of the Company at its principal office in their own proper persons. 9 This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o s' resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: � N E "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and E v qualifying the attomey -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; `o and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, o ,o or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the ° manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and °o ftnther v o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any s power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as .F though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any E 3 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its n corporate seal hereunto affixed this/<S'day of �09. s 'o ,°o, Attest: Berkley, nal Ins ante Company P (Seal) By B Ira S` Lederman Robert P. Cole S Senior Vice President & Secretary Senior Vice President o .o '� g N WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE ` BERKLEY" SECURITY PAPER. o d E STATE OF CONNECTICUT) P ) ss: COUNTY OF FAIRFIELD ) oSworn to before me, a Notary Public in the State of Connecticut, this Z(-- day of-3�. c;-..�S�vy.2009, by Robert P. Cole and Ira o S. Lederman who are swom to me to be the Senior Vice President, and t Senior Vice President and "Secretary, respectively, of Berkley Regional Insurance Company. ]`x�I v /Notary Public, State of:CorS$I=RA C, M,t"AN1 vs o CERTIFICATE NOT4R ai . t -1C • Wli"COMih71uSI0hl c " ";) fl t?Y' 71,lxGie I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CR'RTIFY that the w foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power'bf Attorney has not been revoked uor rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the H r °undertaking to which this y Power of Attorney is attached, is in full force and effect as of this date. .. Given under my hand and seal of the Company, this 3rd day of Au ust 2011 (Seal) �RC� Steven Coward BIDDER QUALIFICATION STATEMENT SW 66th Street Improvements Project Phase II The BIDDER's response to this questionnaire shall be utilized as part of the CITY'S overall Bid Evaluation and Contractor selection. 1. Number of similar construction projects completed, a In the past 5 + d years hd',LYn, On Schedule b In the past 10 years On Schedule 2. List the last three (3) completed similar projects. a) Project Name: 6u � ".d 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: b) Project Name: 12 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) 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: 13 workload 3. Current Project 1;unc Owner Name fcicphnne Amuhcr (bnl r:u•1 I'ricc 1 , P I 4. The following information shall be provided for this project. .a0 a) Estimated total demolition man -hours b) Percent man -hours to be performed by Contractor's permanent staff C) Permanent man -hours to be performed by direct hired employees for this project d) Percent man -hours to be performed by Subcontractors a J 5. The following information shall be attached to the bid. a) Contractor's home office organization chart. b) Contractor's proposed project organizational chart. C) Resumes of proposed key project personnel, including on -site Superintendent. 14 OFFICE CHART O U CO Z Z W W M2 CL LU 00 ww >a o� W W Z_ H W N LU Z z N W p W �O O w La F- L) W w CL O W W IL LL O CL a Jose Vega 7950 SW 78th Street Miami Fl. 33143 Home (305) 279 7959 Cell (305) 2719395 Email: jose @floddaengineedng.net EDUCATION Bachelor of Science in Civil Engineering — University of Florida Primavera Expedition — Schedule — Miami Florida, 2001 SUMMARY I started working in the Construction Industry in September of 1980 after graduating with a degree of Civil Engineering. With over 28 years experience in the fields of Engineering and Project /Construction Management, my career has been focused in the construction sector of the governmental as well as private industry. My background includes Construction of pipelines, drainage, pump stations and roadwork. EXPERIENCE Florida Enaineerina January 2002 to Present President in charge of all the management aspects of the Company from financial to operations, I was involved in the Bidding and construction of projects in the range of W Million dollars. Some of the large projects completed by the Company are • Aviation Project City of Opalocka Include: Drainage System, Water Systems, Sewer System, Force Main System, FPL Duds, AT &T Ducts, Signalization System, concrete sidewalks, Asphalts Roadways. Work inspected by FDOT, DADE County, WASD, DERM. Building N for CPF Investments. Drainage System, Water Systems, Sewer System, Force Main System, concrete sidewalks, asphalt pavement. Building Expansion 3505 Warehouse at city of Doral the work include: Building pad, water main, sewer main, Drainage System, Asphalts, concretes, etc. • South Side Elementary site contractors the work include: mass excavation for underground parking lot, Well Drainage, Drainage collection system, ejector pump, water system, sewer system, asphalts, concretes, etc. • Several School projects totaling over 15 million in construction JV Construction from June 1987 to December 2001 President in charge of all the management aspects of the Company from financial to operations, I was involved in the Bidding and construction of projects in the range of 10 Million dollars. References: References are available upon request Licenses: State Certified General Contractor MDC Public Works Engineering License State Certified Underground License OMAR A. MEDINA 4138 SAPPHIRE TERRACE Weston FL 33331 Home (954) 3840577 Cell (954) 297 1148 Email omarm26@hotmail.com EDUCATION Bachelor of Science in Civil Engineering — Universidad de la Salle Colombia, 1996 Seminar for updates in sewage system design- Pontificia Universidad Javeriana, 1996 FDOT Course Maintenance of Traffic — Miramar Florida, 2003 Primavera Expedition — Schedule — Miami Florida, 2006 SUMMARY Mr. Medina has over 12 years experience in the fields of Engineering and Project /Construction Management. His career has been focused in the construction sector and municipal design. His background includes Construction Management, inspections, design and construction of pipelines, drainage, pump stations and highways. He has excellent organizational and works well with others. Mr. Medina's project experience and technical expertise includes the following: EXPERIENCE FCE Enjeineerinp March 2008 to Present Project Manager managed the following projects: • Aviation Project City of Opalocka Include: Drainage System, Water Systems, Sewer System, Force Main System, FPL Ducts, AT &T Ducts, Signalization System, concrete sidewalks, Asphalts Roadways. Work inspected by FDOT, DADE County, WASD, DERM. • Building Expansion 3505 Warehouse at city of Doral the work include: Building pad, water main, sewer main, Drainage System, Asphalts, concretes, etc. • South Side Elementary site contractors the work include: mass excavation for underground parking lot, Well Drainage, Drainage collection system, ejector pump, water system, sewer system, asphalts, concretes, etc. JMEn.eineerin.e Contractors January 2007 to March 2008 Vice President managed the following projects: Ferguson High School, Site contractors the work include: Demolition, Building Pad, water system, sewer system, Drainage system, special sidewalks for schools, etc. • Leewood Elementary School, Site contractors the work include: Demolition, Building Pad, water system, sewer system, Drainage system, special sidewalks for schools, etc. • Mary Brickell Village Project Include five (5) Lift stations, drainage systems, sewer systems, concretes and asphalt restoration. Petro Hydro Inc., Miami, FL. May 1999 to September 2007 Project Manager responsible for profitably managing all administrative and field construction activities include preparing procedures and/or job progress reports monitoring job cost & work status, preparing projects safety, maintaining a working relationship with publics works, owners, architects, vendors, subcontractors, creating project schedules and change orders management. He exercises considerable independent judgment in the application of the principles and practices of planning, design, construction and administration of a variety of construction projects. As Project Manager, Mr. Medina has been responsible for managing and requisitioning over $800,000 monthly. He has been instrumental with negotiating subcontractor contracts and maintaining relationships with city, county and governmental officials. His responsibilities include the mentoring of several site project engineers and managing several construction crews with a minimum production of $500,000 monthly. He is responsible for scheduling projects from their inception to final close out. Managing work orders and staying on track with schedules and budgets as well as conduct on -site client and team meetings. Mr. Medina's project technical expertise includes the following: • Jardack Construction, Shakill Investment Center Drainage, Paving, and Water system. • City of Fort Lauderdale, Progresso Project, Sanitary sewer, water mains, drainage system. • Broward County, Broward Gardens, Sanitary Sewer, Lift Station. Improvements. • Town of Medley. Roadway Restorations, Drainage, Sidewalks. • FDOT Push Bottoms. Asphalt, Milling, Drainage, Sidewalks. • FDOT NE 6 AVE. Drainage System and Asphalt Roadway over 1.5 miles. • FDOT AlA. Asphalt Roadway over 2.0 miles, special sidewalks and stamp crosswalk city of Miami Beach. • City of Palmetto Bay. Drainage Improvements. • City of Coral Springs. Water mains improvement. • City of South Miami. • Miami Dade County, PTP People Transportation Plan. • City of Miami Road Rehabilitation Project. FEMMA SW 147 Ave and 88 Street. • City of Lauderhill Culvert Replacement Project. DERM Storm water Improvement Project. Project Estimator responsible for completing estimated for construction projects including quantity of materials, pricing, budgeting, value analysis, prepare square foot estimates, detail conceptual estimated, working drawing estimates, proposalibid or GPM estimates, systems comparisons, historical cost reports, and value engineering alternatives. Dade County, Palm beach County, FDOT projects, Broward County, City of Miami, City of Lauderhill, City of Miami Beach, City of South Miami, City of West Palm Beach, Omar Medina (Various) — Colombia, May 1997— Februarv1999 Construction Management and Resident Engineer responsible for coordination of the design consultant and construction contractor, administration of change orders, claims, clarifications, inspections, pay request, general documentation and shop drawings review. Construction projects include force main, raw water transmissions mains, pavement and sidewalk restoration. Expansion of the Water Treatment Plant including flocculation/sedimentation basins, deep bed anthracite filters, clear -well tank, water intake and pump station rehabilitation. Projects also include the construction of a Tourist Pier located at the town of Puerto los Guamos. Responsible for civil /mechanical design, construction drawings using CAD, cost estimate analysis and summary of bill of materials. Projects include force main design, drainage design, water and wastewater facilities for the city of Riohacha — Colombia, pump station design for the City of Valledupar — Colombia, Master Plan design for the City of El Banco Magdalena — Colombia. Computer Aided Design (CAD): Microstation J AutoCad Corel Draw (Presentation Graphics) Other Computer Software Used: Primavera Contractor Primavera Expedition Outlook. Microsoft Project (Scheduling) Primavera Contractor (Scheduling) Microsoft Excel (Spreadsheet) Microsoft Word (Word Processing) Microsoft PowerPoint (Presentation) Windows NT (Operating System @ Administrator Level) QUALIFYING TRADES) 0001 GENERAL ENGINEERING I �( mI- 1f Hemiria �w 1m P.E. Secrcbry olllu Been �' M+nFWOe CautY rcM1InNWWeM nWeM1enlrt xww.mlemlEaEe.WeMYMIWroYe l� U S Y a O a N 0 T d z W O o N M y tm o C j LL Q U d C d Y = L co a, [S m w 3 0 s V Z t m a to ^ `m 0 O CN M LL r = CD CD � � O Q N U O O U S Y d O a co 0 T d o C W O o M y tm o C j LL Q s d C d Y = L co a, [S w 3 0 V Z t o a to ^ a` 0 O CN M LL r = J C E E T T 0 m c � � m O O o E p 0 U m 0 U U 0 O 0 O 0 O U O O O LO � m � uPr `m cyro y0� W � L CJ N U N Q�'f0 C TLLJ U mN O. QZ�o Q'M >am as U o v c m a a E. N � C Om oaaEo. 2m `°. 2 a. >. U m m d M LL .y c aiU a d _ Y�d m �'c E �0 c eaa m Z a N JZV h - a°i wm � a .�w O � 0 O ,> ¢ _ � 6. List and describe any: Bankruptcy petitions filed by or against the BIDDER or any predecessor a) organizations, b) Any arbitration or civil or criminal proce dings, or / I //////� Suspension of contracts or debarring from Bidding byany public agency brought against C) the BIDDER in the last five (5) years. 7. 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: 15 NON - COLLUSION AFFIDAVIT SW 66th Street Improvements Project Phase II STATE OF FLORIDA COUNTY OF MIAMI -DADE v G �/ being first duly sworn, deposes and says that: (1) V She/They is /are the % '�9e-'JT (Owner, Partner, Officer, Representative or Agent) of Y t0 N ER1?71 LrB7 -37L 05 1U� �WC,C�I(�1.���,JT the BIDDER that has submitted the attached Bid; (2) He She/They is /are fully informed respecting the preparation and contents of the attached Bid nd of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive 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, have 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 Work for which the attached Bid has been submitted; or to refrain from Bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, 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 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 other of its agents, representatives, owners, employees or parties of interest, including this affiant Signed, sealed and delivered in the presence of: By Print Na e d Title g Date 16 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) On this the day of e5?dQ , 2011, before me, the undersigned Notary Public of the State of Florida, personally appeaMd Nas) of individual(s) who appeared before notary) Fd:xff d and whose name(s) is /are Subscribed to the within instrument, and he/ a /they acknowledge that he /she executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: IAYy M CAMMIS5IDN 1 DD 92 EXPIRES: November 29, 2013 Baled Tlxu BVW Nolan SOMM (Name of Notary Public: Print, Stamp or type as commissioned.) ssi / Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 17 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST SW 66th Street Improvements Project Phase II 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 Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, 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. BIDDERS must disclose with their Bids, 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. 1. Thi sworn statement is submitted to ►(q� � 1bd73f M /✓�M I �] [print name of the public entity] by [print individual's name and title] 0 )-q i 2f �Gj " )eV&Ur11WCxJ7— [print name of entity submitting sworn statement] whose business address is /?Z ?b kfAJ q 0 7TI 3 '9 0/ and (if applicable) its Federal Employer Identification Number (FEIN) is 8 0'u-✓Y J U / " (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "pubuc entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 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 18 (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 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. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 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 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ 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 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. e [Sign / Sworn to and subs ibed before me this day of H�/9rc.s t' 2011. Personally known * MY COMMISSION# DD 924448 * EXPIRES: November 29, 2013 *l1'eovn &�' Bonded Thor Budget NCAM SKM 19 OR Produced identification (Type of identification) stamped commissioned Form FUR 7068 (Rev.06/11/92) Notary Public — State of My commission expires (Printed, typed or name of notary public) 20 DRUG FREE WORKPLACE SW 66th Street Improvements Project Phase II Whenever two or more Bids 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 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 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: 1) 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 (1). 4) In the statement specified in Subsection (1), 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) 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. BIDDER's Signature: Print Name: Date: g l 21 ACKNOWLEDGEMENT OF CONFORMANCEWITH OSHA STANDARDS SW 66th Street Improvements Project Phase II TO THE CITY OF SOUTH MIAMI �vergi -XJ- We, I% XQ— 1 ` (Name of Contractor), hereby acknowledge and agree that as Contractors for the SW 66th Street Improvements Project Phase II, 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 EAC Consulting Inc., against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractoJ/'�s names): to comply with such act or regulation. CONTRACTOR Witness :Y( k6T, 61,�-(ri Title 22 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS SW 66th Street Improvements Project Phase II BIDDER shall list all Proposed Subcontractors to be used on this oroiect if thev are awarded the enntract Classification of Work Landscape Subcontractor Name Address )Q"rj p f Zc/y 0 Telephone, Fax & Email -Jr , ZT b —32-U Sodding and Turf Work Demolition Asphalt Paving Concrete Paving /(.p i3pF/eoc / r) 706 Park Amenities Graphics Utilities Excavation Painting / Striping Testing Laboratory Signs Z'o - IV/ 79 73 Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible bidder within five (5) calendar days after Bid Opening. 23 ATTACHMENT A TO BID PACKAGE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND FEDERAL LABOR REQUIREMENTS DOCUMENTS Project Name: City of South Miami — SW 66th Street - Street Improvements PH -II Project Address: SW 66th Street from SW 59`h Place to SW 61 st Court, South Miami, Florida 33143 ATTACHMENT A Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: • Notice to Bidders / Prospective Contractor(s) • Statement of Bidder's Construction Experience • Certification Receipt • Davis -Bacon Wage Decision FL20100325 04/01/2011 FL325 • Federal Labor Standards Provisions (Form HUD -4010) • Insurance Requirements • Provisions to be Incorporated in Construction Contracts: 0 1) Davis -Bacon Act, 0 2) Termination, 0 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: 0 1) Equal Employment Opportunity, 0 2) Affirmative Action, 0 3) Americans with Disabilities Act, 0 4) Copeland Anti - Kickback, 0 5) Byrd Anti - Lobbying Amendment, 0 6) Full Disclosure by the Contractor /Bidder, 0 7) Non - Discrimination Clause, 0 8) Age Discrimination Act of 1975 as Amended, and 0 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 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 • Clean Air Act, • Federal Water Pollution Control Act, and • Lead -Based Paint Poisoning Prevention Act • Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient) • Public Entity Crimes Affidavit 1 -BID PACKAGE Miami -Dade County DHCD Page 2 NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR (SI This project in part will be federally assisted through the Miami -Dade County Department of Housing and Community Development with Community Development Block Grant funds 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. Note that 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 or the project) 4 nAf l e 2- NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR (S) (CDBGJ Miami -Dade County DHCD Page 3 Page 4 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: 'u* ito/kV;&iwJ-(7 i Lc1P I 2. Prime Contractor Address: /2 76" 1 4!AfVe-- 07 �P(Md +W KJ. . 1 33 I � s 3. Name of each principal officer of corporation, partner, firm or individual: 4. Gender and Ethnicity of Principals: e- 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. g3- 6,�S69� �,^ License Number: S 3) O State: P(A 8. Contractor's Certification Categories: 9. Contracts completed in the last five years (inc a the m nths 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 Einticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? If so, where and Why? Page 1 of 2 3. STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County DHCD Page 4 12. Have you ever defaulted on a Contract? lfi6 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? VA (initials) The Bidder promises to defend, indemnify and hold harmless the Crrff iee: AT-]* "I (agency name) and Miami -Dade County with regard to any disclosures or information received, wh r at trial, in arbitration or on appeal. (initials) 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on a copy gf the submitted financial statement. 17. The undersigned hereby authorizes and requests any person, firm or ption, or governmental unit, to furnish. any information requested by the ��i(name of agency) in verification of the recitals comprising this statement of bidder's experience SUBSCRIBED AND SWORN TO (or affirmed) before me on Date By TO S2 - He /She is personally known to me or has presented (Affiant) /b.�ove //� Ltrt�rcl AJ as identification. (Signature of (Serial Number)9at/�fYB (Print or Stamp Namepfv@lg?agQ.-_W4 REYES (Expiration Date) Woo a?� 0013 ` E XPIRES: November 29,2013 Notary ° ^1'17 117de swedThiu9udget"rySernoNotary Seal Public (State) Page 2 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE MIarnFDaee County DHCD 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 City of South Miami — SW 66th Street - Street Improvements PH -II. (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 FL20100325 04101/2077 FL325 that is applicable to this project. 1 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 FL20100325 04101/2011 FL325 for this project. Name: ?7(b MW evql�i�f1 V ��yovt (Name of Firm) Employer ID # (FEID#) j Authorized Signature: Print Name: Title: /0/� h /eIYT— Date: Full Address (including Zip Code) /`676 /AJ 9g A,f�� hiwp L (96 (ht ft P. -3V /b Telephone Number: ( � ) 0 ?,� ` 33�:) Ch7eck one ras applicable: I/ Contractor Subcontractor Other Page 6 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations 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. (1) 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 I(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. (li) (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: (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 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 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. ) (c) 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 Budget under OMB Control Number 1215 - 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 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 form HUD -4010 (0612009) Previous editions are obsolete Page 1 of 5 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, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, 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. (1) 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 rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(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 I(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 F 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.) (11) (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 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 htto://www.dol.gov /esa /whd /forms /wh347instrhtm 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 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; form HUD-4010 (0612009) age 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission 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.(i i) (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 Stales 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 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 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete F 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 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. 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 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, 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 utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (li) 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 form HUD -4010 (0612009) age 3 of 5 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. (1) 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 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, utters 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 complaint 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 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 subparagraph (1) of this paragraph, in the sum of$10foreach 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. Previous editions are obsolete form HUD -4010 (06/2009) Page 4 of 5 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 tier 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 C are applicable where the amount of the 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 USSC 3701 at sec. (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 form HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 4- CERTIFICATION I INSURANCE REQUIREMENTS 1 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. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s) and original policies described hereunder. A. Construction and Major Rehabilitation projects including new structures, additions to existing structures, and comprehensive modernization /renovation. The contractor shall obtain the insurance specified in Section II. B. Emergency Shelter, Housing and Minor Rehab, Acquisition of Land and Commercial Revitalization projects including renovation or roofing only of existing structures. The contractor shall obtain the insurance specified in Section II. Types of Insurance REQUIRED CERTIFICATE(S) OF PROJECT TYPE INSURANCE A. Construction and Major Worker's Compensation Insurance- for all Rehabilitation employees of the Contractor as required by B. Emergency Shelter, Housing and Florida Statute 440. Minor Rehab, Acquisition of Land & Commercial Revitalization Public Liability Insurance- on a comprehensive basis in an amount not less A. Construction and Major than $500,000 combined single limit per Rehabilitation occurrence for bodily injury and property B. Emergency Shelter, Housing and damage. Miami -Dade County must be Minor Rehab, Acquisition of Land & shown as an additional insured with Commercial Revitalization respect to this coverage. Automobile Liability Insurance - covering all A. Construction and Major owned, non -owned and hired vehicles used Rehabilitation in connection with the work, in an amount not B. g Emergency Shelter, Housing and less than $500,000 combined single limit per Minor Rehab, Acquisition of Land & occurrence for bodily injury and property Commercial Revitalization 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 A. Construction and Major Rehabilitation 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. Please verify Insurance requirements at time of pre - construction meeting. Page t of 2 Page 7 e - INSURANCE REQUIREMEI Miami -Dade County DHCD 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. zwz Page 8 6 - INSURANCE I PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 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 FL20100326 04101/2011 FL325for this project." B. 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: 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 Department of Housing and Community Development (OCED). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery/ Page 1 of 3 Page 9 _ 7 - PROVISIONS TO BE INCORPORATED IN CONS' Miami -Dade County DHCD 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 OCED a release from its contractual obligations to the County. The Director of OCED 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 2 of 3 Page 10 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami -Dade County DHCD 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. 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. C. 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 Department of 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 Page 11 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CON' Mlami -Dade County DHCD NONCOLLUSION AFFIDAVIT STATE OF: q?h M COUNTY OF:: M4 1 /��l`�� � V u K- Y t being first duly sworn, deposes and says that: (1) He he is / �B"E/T r of the Bidder at 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 Qr the Bid price of any other Bidder, or to secure through advantage against the ( V Ad 7yf MI !? M j (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 o , 20-L'—' EUNA REYES # , MY COMMISSION M DD 924448 EXPIRES: November 29, 2013 o„i � onded ThN eudgetNdery SeMces My commission expires: Page 12 e- NONCOLLU CON Miami-Dade County Y DHCD DHCD 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: 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. 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 an $10,000 and not more than $100,000 for each such failure. By: Print: I��C Title: 0p Date: O �� Business Address: Page 13 9 - CERTIFICATION REGARDING Li Miami -Dace County DHCD 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. 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 of 5 Page 14 10- Miami-Dade 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 Page 15 10 - AFFIRMATIVE ACTION STAN Miami -Dade County DHCD 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. 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. 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 3 of 5 Page 16 10 -AFFIRMATIVE ACTION STAN Miami -Dade County DHCD 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 Page 17 to. Miami -Dade County DHCD 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 5 of 5 Page 18 10 - AFFIRMATIVE ACTION STANDARDS Miami -Dade County DHCO 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 v'aJ1e-- ✓ - Name T:H.. Address (Including Zip Code) �,6 �W I I - CERTIFICATION OF COMPLIANCE WITH PART 60 -2 Page 19 RMATIVE ACTION PROGRAMS Miami -Dade County DHCD OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has has not r! , 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 r 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 �eveloped 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 i 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. Pape 1 of 3 Page 20 DHCD 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 not 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 submissiq[� of n offer the bidder certifies that it has provided full disclosure in writing to G 1�t1 � f4 (name of implementing agency) whether as of the ariticipated 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 elected contractor certifies that it has made full disclosure in writing toCl� W PN 114" (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 of 3 12 - OTHER CERTIFICATIONS Page 21 Miami -Dade H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non - discrimination on the Basis of Aae 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. By: Print: Title: Date: i9 Business Address: Page 3 of 3 12 - OTHER CERTIFICATIONS Page 22 Miami-Dade County DHCD 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 Miami-Dade County DHCD Page 23 (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 ( treet address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Official Address (including Zip Code) /-b)6 Sul gjafjj�. Page 2 of 2 13 - CERTIFICATION REGARDING DRUG -FREE WORKPLACE Miami -Dade County DHCD Page 24 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: v "� "�`�� 4 SIGNATURE: ADDRESS: DATE: 2 �301® 14 - ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) Miami -Dade County DHCD 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 availability 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 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: 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 f of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County DHCD Page 26 Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies 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. i i Page 2 of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County DHCD 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. nl itials 16 - SECTION 3 CLAUSE Miami -Dade County DHCD 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 – V — 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 ^0 — 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, 0,PF (�%k (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 Department of Housing and Community Development. Authorized Signature�� Title Company Employer (IRS) ID# Date 17- BIDDER'S INITIAL SECTION 3 GOALS Miami -Dade County DHCD 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 contract 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 iB - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Miami -Dade County DHCD 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 z of a 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Miami -Dade County DHCD 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: 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. By: Print:/f AF604 Title: �/- Date: 3 �/ Business Address: Me - &ro 3�011� IF Page 3 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS Miami -Dade County DHCD 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 pay or 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. AM 1- �' Title;C)�1 Date: b . / / Q Business Address: 7G N w 9 'U 19 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami -Dade County DHCD 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 pay or 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 X. 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 7 of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA MhunFDade County DHCD 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 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. 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. 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. 7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event 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 DHCD 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. By: Print: " Title:�� Date; Business Address: 20 6 AM 9° v "- �o Poly Page 3 of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami -Dade County DHCD 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 pay or 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 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County DHCD 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 By: Pri : IPdkl flYv � Title: Date: d , n' W / �i /� Business Address: w,6 N �O ftJ" Page 2 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County DHCD 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 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. 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) MIam4Dade County DHCD 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, if any). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 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 DNCO 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. 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; provided, 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 11248) Miami -Dade County DHCD Page 41 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: "Covered area" means the geographical area described in the solicitation from which this contract resulted. "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. "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). 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. n late Page 4 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County DHCD 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 DHCD Page 43 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. 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 77246) Miami -Dade County DHCD Page 44 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. 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. 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 ) of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miaml-Oade County DHCD Page 45 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 the EEO 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. 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 any one 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 11248) MiamfDade County DHCD 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 n be required to maintain separate records. a u.l. Page 9 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) MiamfDade County DHCD 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). I Page 10 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County DHCD Page 48 I 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: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous 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 DHCD 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 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 eh litigation to protect the interests of the United States. By: Print: �- Title: �►� /r �cu / Date: yl Business dA dress: Page 2 of 2 23 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTNE ORDER 11248 Miami -Dade County DHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES "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.G. 1001 By: �� Print: Aft VF&? Title: ( /14 _ 91 _ — D/ Date: d �/ q Business ddress: 24- CERTIFICATION OF NONSEGREGATED FACILITIES Miami -Dade County DHCD Page 51 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 (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: Print ok 1VS617 Title: Atli Date: d (/ rQ Business Address: �% 6 0 A 25 - NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami -Dade County DHCD 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 cility to be utilized in the performance of this proposed contract has ( ), has not een 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 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. A Name of Bidder Authorii d 5gw ture Date 28. NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION MIamFDade County DHCD Page 53 I 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) _Atti"avo�tS,, 27 - CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Miami -Dade County DHCD Page 54 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 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. Date Official Address (Including Zip Code) a� qq 1 28 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Miami -Dade County DHCD Page 55 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 ii�s� submitted to %gyF11 (177.� N( by Tin It 4,k--p D T- For (Print individual's name and title) (Print name of entity submitting �� sworn statement) �i, /ny �/ whose business address, � 6 kq" `a Ae f 0 h,4/r ", 6 ",q 'R 33t and if applicable its Federal Employer Identification Number (FEIN) is Y3 70lf the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 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. 1 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 contenders. 4. 1 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 of 3 29 - PUBLIC ENTITIV CRIMES AFFIDAVIT Miami -Dade County DHCD 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. 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 sub ' ' g 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 of 3 29 - PUBLIC ENTITIY CRIMES AFFIDAVIT Miami -Dade County DHCD 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. ignature) Sworn to and subscribed before me this _J�,el( day of Personally known ,%o5Q #lot Or produced identification (Type of identification) Notary Public -State of ;r-7P.-v40,4 My commission expires * MY COMMISSION EXPIRES: Noreo Bonded Thou Budget (Printed, typed or stamped commissioned name of notary public) Page 3 of 3 29 - PUBLIC ENTITIY CRIMES AFFIDAVIT Miami -Dade County DHCD Page 58 2013 STATE OF FLORI`' 1 Y DEPARTMENT OF �Mt SINESS AND PROF98SIONAL REUULATION CONSTRUCTION INDUSTRY LICENSING HOARD (850) 487 -1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 VEGA, JOSE ANTONIO FLORIDA ENGINEERING AND DEVELOPMENT CORP 12076 NW 98TH AVENUE HIALEAH GARDENS FL 33018 >ngratulations! With this license you become one of the nearly one million xidians licensed by the Department of Business and Professional Regulation. u professionals and businesses range from architects to yacht brokers, from xers to barbeque restaurants, and they keep Florida's economy strong. eery day we work to improve the way we do business in order to serve you better it information about our services, please log onto www.rnyforidalicense.com. sere you can find more information about our divisions and the regulations that pact you, subscribe to department newsletters and learn more about the )partment's initiatives. ar mission at the Department is: License Efficiently, Regulate Fairly. We instantly strive to serve you better so that you can serve your customers. lank you for doing business in Florida, and congratulations on your new license! DETACH HERE STATE OF FLORIDA ,.� DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395 1940 NORTH MONROE STREET ties +° TALLAHASSEE FL 32399 -0783 FLORIDA ENGINEERING AND DEVELOPMENT CORP 12076 NW 98TH AVENUE HIALEAH GARDENS FL 33018 c Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation.p Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! _1yg DETACH HERE ST.A,Te OF FLORIDA AC# 4533434 (DEPARTMENT OF BUSINESS AND P;ROFESSZONAL REGULATION 08/24/09 090082601 L'I.FIED BUSINESS ORGANIZATION RIDA'ENGINEERING AND.DEVELOPM T A LICENSE TO PERFORM <.WORK. OWS,.'. COMPANY TO DO BUS'TNESS IF HAS A LICENSED QUALIFIER.) 9ALIFIED under the provisions of ch.489 Fs rion'aaZ AUG'33, :2 -071. L090824.01363 AC# 4 5 3 3 4 3 4 STATE OF FLORIDA4 .' DEPARTMENT OF BUSINESS AND PROFESSIONAL REG,U,1 CONSTRUCTION I= NDUSTRY LSCEN52NO BOARD" 08/24/2009 I090082601`:!''_QB47195'" The BUSINESS ORGANIZATION Named below IS QUALIFI&P ' , Under the provisions a "Chapte, r 48.9 FS. Expiration date: AUG 31, 2011 (THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOW; S THE - COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER_?) FLORIDA ENGINEERING AND DEVELOPMENT CORP 12076 NW 98TH;'..AVENUE - - HIALEAH GARDENS FL 33018 SEQ #L090 82401383 CHARLIE CRIST CHARLES W. DRAGO GnVERNOR _.__. _ _ .:.' SECRETARY Florida Engineering & Development Corp. 12076 NW 98th Ave. Hialeah Gardens Fl. 33018 List of major constrution projects Completed in the last 3 Years Project Project Name & Location Owner (Name, Address, Phone, ArchitecUEngineer Contrail % Completion Contract person) P ) Amount Completed Date Aviation & Commerce Center CPF Investment Group Phase 1A AI Hernandez VSN Engineering Miami Florida Phone 305 460 6262 PE Rudy Vargas Ph 305 551 7118 $3,900,000.00 100% 6/15/2009 Aviation & Commerce Center CPF Investment Group VSN Engineering Phase 1 B At Hernandez PE Rudy Vargas Miami Florida Phone 305 460 6262 Ph 305 551 7118 $2,600,000.00 100% 10/8/2009 Aviation & Commerce Center CPF Investment Group VSN Engineering Phase 2 At Hernandez PE Rudy Vargas Miami Florida Phone 305 460 6262 Ph 305 551 7118 $2,500,000.00 100% 5/25/2010 Devon Aire Elementary Pirtle Construction Wolfberg Alvarez Miami Florida PM Lazaro Villar Ph PE Jorge Maldonado 786 247 5048 Ph. 305 666 5474 $1,792,672.00 100% 12/8/2008 Mary Brickell Adsum Group Wolfberg Alvarez Miami Florida PM Mario Pons PE Jorge Maldonado Phone 305 577 9949 Ph. 305 666 5474 $2,900,000.00 100% 6/5/2009 Aviation & Commerce CPF Investment Group RLC Architects Center Bldg. N Al Hernandez 137 W Royal Palm Rd. Miami Florida Phone 305 460 6262 Boca Raton Fl. 33432 $1,681,000.00 100% 2/8/2009 Leawood Elementary School Pirtle Construction Corp. Wolfberg Alvarez Miami Florida PM Rudy Gonzalez PE Jorge Maldonado Ph 305 593 7456 Ph. 305 666 5474 $1,250,000.00 95% 9/25/2008 Ferguson Sr High School Pirtle Construction Corp. Wolfberg Alvarez Miami Florida PM Rudy Gonzalez PE Jorge Maldonado Ph 305 593 7456 Ph. 305 666 5474 $950,000.00 95% 8/1/2009 3505 Bldg Expansion Terracon Group VSN Engineering 3505 NW 107th Ave. Mike Gomez Ph. PE Rudy Vargas Doral Florida 305 418 9291 Ph 305 551 7118 $510,000.00 100% 5/9/2009 South Side Elementary Coastal Construction Wolfberg Alvarez School Miami PM Lazaro Villar PE Jorge Maldonado Florida Ph. 954 445 7212 Ph. 305 666 5474 $650,000.00 80% 7/30/2009 Hialeah Hospital Parking Lot Terracon Group 8181 Astur Engineering Addition Hialeah, NW 14th Street Ste 300A Doral Luis LVlazquez 305 962 Florida Fl. 33126 0572 Miami Florida $462,645.00 70% 7/30/2009 MICC 1900 Terracon Group 8181 VSN Engineering NW 79th Ave. Doral Florida NW 14th Street Ste 300A Doral PE Rudy Vargas 33126 Fl. 33126 Ph 305 551 7118 $620,000.00 2% 1/30/2010 City of South Miami City of Saouth Miami City's T -Y -LIN International Drainage4 Improvements Project No. C109 -0601 PM Roque A. Rokovich PW Director Jose Olivo PE Phone: 305 567 1888 $155,703.00 100% 8/4/2009 NE 18th Street Roadway City of North Miami Beach, Fla Improvements City Engineer Hiep B. Huynh, Chen & Associates $114,119.00 100% 12/8/2009 Bid No, 2009 -16 P.E. Phone 305 948 2967 PM Michael Buick P.E. Phone 786 497 1500 Auction House New Building Site Development CPF Investment Group Water System Al Hernandez RLC Architects $2,568,900.00 100% 4/30/2010 Phone 305 460 6262 Sanitary System Carlo Mendoza Drainage System 1 1561 393 6555 x22 Page 1 01202011 List of project.xlsx Exercise Path Improvement New asphalt Walkway City of Aventura Craven Thompson &Ass. Landscaping ADA Alan Levine Phone 954 739 6400 $300,000.00 100% 9/30/2010 Ramps Ph. 3054688831 Dan Shaver Calvin Giordano & Force Main Extension City of Dania Beach Associates Paving Miriam Nasser Jenne Chamberlain $125,000.00 o 100% 8/30/2010 Phone 954 924 6800 Phone 954 921 7781 City of Miami Gardens City of Miami Gardens URS Corporation Drainage Improvements Mariana Pitidciu Phone 561 994 6500 $168,500.00 100% 10/30/2010 Paving an rippinq avid soler City of Miami Springs Basin - 35 Storm City of Miami Springs PBS &J Drainage Robert T Williams PW Director PM Victor Herrera Paving Phone 305 805 5170 Phone 305 514 3451 $336,221.00 95% 8/11/2010 Page 2 01202011 List of project.xlsx Florida Engineering & Development Corp. 12076 NW 98th Ave. Hialeah Gardens Fl. 33018 List of major constrution projects completed in the last three (5) years Project Name & Location Owner (Name, Address, Architect/Enineer g Contract % Completion Phone, and Contract person) Amount Completed Date AB Knight Construction Spillis and Partners Miami Lakes Office Village Miami Lakes Fl. 800 South Douglas Rd Miami Lakes Fl. Paul Seltzer Ph Miami Fl 33134 305 986 0984 Ph. 305 444 4691 $514,700.00 100% 8130/2006 Pirtle Construction Spillis and Partners Lawton Chiles Elementary School PM Vladimir Gutmann 800 South Douglas Rd Miami Florida Ph 305 593 7456 Miami Fl 33134 Ph. 305 444 4691 $575,187.00 0 100% 12/2012006 Pirtle Construction Spillis and Partners John F Kennedy Elementary PM Jose Rovirosa 800 South Douglas Rd School Ph 305 593 7456 Miami FI 33134 Ph. 305 444 4691 $1,450,000.00 100% 8130/2006 Doral Palms Development Termcon Group SRS Engineering Miami Florida Mike Gomez 5001 SW 74th Ct. Ste 201 Ph. 305 418 9291 Miami Fl. 33155 $620,000.00 100% 12/1/2007 Aviation & Commerce Center CPF Investment Group VSN Engineering Phase 1A Miami At Hernandez PE Rudy Vargas Florida Phone 305 460 6262 Ph 305 551 7118 $3,900,000.00 100% 611512009 Aviation & Commerce Center CPF Investment Group VSN Engineering Phase 1 B Miami At Hernandez PE Rudy Vargas Florida Phone 305 460 6262 Ph 305 551 7118 $2,270,000.00 100% 1018/2009 Aviation & Commerce Center CPF Investment Group VSN Engineering Phase 2 Miami At Hernandez PE Rudy Vargas Florida Phone 305 460 6262 Ph 305 551 7118 $2,115,000.00 100% 5/2512010 Devon Aire Elementary Pirtle Construction Wolfberg Alvarez Miami Florida PM Lazaro Villar PE Jorge Maldonado Ph 786 247 5048 Ph. 305 666 5474 $1,792,672.00 100% 1218/2008 Mary Brickell Adsum Group Wolfberg Alvarez Miami Florida PM Mario Pons PE Jorge Maldonado Phone 305 577 9949 Ph. 305 666 5474 $2,400,000.00 100% 6/5/2009 Aviation & Commerce Center CPF Investment Group RLC Architects 137 Bldg. N At Hernandez W Royal Palm Rd. Miami Florida Phone 305 460 6262 Boca Raton Fl. 33432 $1,681,000.00 0 100% 2/8/2009 Ferguson Sr High School Pirtle Construction Corp. Wolfberg Alvarez Miami Florida PM Rudy Gonzalez PE Jorge Maldonado Ph 305 593 7456 Ph. 305 666 5474 $950,000.00 95% 8/1/2009 3505 Bldg Expansion Terracon Group VSN Engineering 3505 NW 107th Ave. Mike Gomez Ph. PE Rudy Vargas Doral Florida 305 418 9291 Ph 305 551 7118 $510,000.00 100% 5/9/2009 South Side Elementary School Coastal Construction Wolfberg Alvarez Miami Florida PM Lazaro Villar PE Jorge Maldonado Ph. 954 445 7212 Ph. 305 666 5474 $650,000.00 80% 7/30/2009 Hialeah Hospital Parking Lot Teffacon Group Astur Engineering Addition Hialeah, 8181 NW 14th Street Ste 300A Luis L Vlazquez 305 962 Florida Donal Fl. 33126 0572 Miami Florida $462,645.00 70% 7130/2009 MICC 1900 Terracon Group VSN Engineering NW 79th Ave. Doral 8181 NW 14th Street Ste 300A PE Rudy Vargas Florida 33126 Doral Fl. 33126 Ph 305 551 7118 $620,000.00 2% 1/3012010 City of South Miami Drainage4 City of Saouth Miami City's T -Y -LIN International Improvements Project No. C109 -0601 PM Roque A. Rokovich PW Director Jose Olivo PE Phone: 305 567 1888 $155,703.00 100% 8/412009 City of Miami Springs Basin City of Miami Springs Robert PBS &J PM 35 Drainage Improvements T williams PW Director Phone Vanis J aurelien Phone 305 805 5170 305 514 3532 $336,221.00 195% 8/11/2010 City of North Miami Beach, NE 18th Street Roadway Florida City Chen & Associates Improvements Bid Engineer Hiep B. PM Michael Buick P.E. No. 2009 -16 Huynh, P.E. Phone 305 Phone 786 497 1500 9482967 012 2011 List of project.xlsx $114,119.00 100% 12/8/2009 Page 1 Florida Engineering & Development Corp. 12076 NW 98th Ave. Hialeah Gardens Fl. 33018 List of major constrution projects under construction in Year 2011 Project Name & Location Owner (Name, Address, Phone, and A rchitecUEngineer Contract % Completion Contract person) Amount Completed Date Camillus House Site Development Water Main Extension Coastal Construction PM Wolfberg Alvarez Sanitary Sewer Paul Bessell Ph. PE Jorge Maldonado Site Drauinage 305 324 3701 Ph. 305 666 5474 $800,000.00 40% 6/30/2011 General Funding Site Development Water Main Extension Coastal Construction VSN Engineering Sanitary Sewer PM Mike Yahraus PE Rudy Vargas Site Drauinage Ph. 305 476 0352 Ph 305 551 7118 $325,000.00 30% 3130/2011 CRA Parking Lot Imp Site Development Water Craven Thompson & Ass. Main Extension Paving Town of Davie (CRA) Phone 954 739 6400 PM and Signage Site Will Allen Dan Shaver Drauinage Phone 954 797 1232 $225,000.00 98% 1/30/2011 Biscayne Trail Segment New Saphalt Path Miami Dade County Parks URS Corporation Signage ADA Dan Crawford Phone 561 994 6500 PM Ramps Phone 305 5964460 x 239 David solar $365,000.00 80% 6/30/2011 Roadway Improvements Ph. IV Storm Drainage Paving City of North Miami Beach, Fla URS Corporation and Stripping Concrete Curb City Engineer Hiep B. Huynh, P.E. Phone 561 994 6500 PM $139,000.00 80% 2/28/2011 and Sidewalk Phone 305 948 2967 Juaquin Barnes Sunkist Grove Road Improvements Paving and Stripping City of North Miami - Sunkist URS Corporation $423,000.00 o 40% 4/30/2011 Concrete Curb and Sidewalk Gerardo Hernandez Phone 561 994 6500 PM Landscaping 305 542 5500 David solar Star Island Sewer System Water Coastal Construction Kobi Karp Phone: System Drainage PM jason Anderson 305 573 1818 Robert J $181,000.00 50% 5/25/2011 S stm Ph. 305 495 2236 robs Leawood Elementary School Pirtle Construction Corp. PM Wolfberg Alvarez Miami Florida Rudy Gonzalez PE Jorge Maldonado Ph 305 593 7456 Ph. 305 666 5474 $1,400,000.00 95% 0730/2011 Florida Engineering & Development corp. 12076 NW 98th Ave. Hialeah Gardens Fl. 33018 Equipment List ITEM EXCAVATOR BACKHOE DOZER LOADER ROLLER PICKUP TRUCKS DUMP TRUCKS SKID STEER FUELTRUCK SCREENERS Trailers Pur.Date Purchased From 2/5/2006 Alex Lyon & Son 12/13/2006 Alex Lyon & Son 5/27/2008 Alex Lyon & Son 6/26/1905 Alex Lyon & Son 5/25/2005 Alex Lyon & Son 5/25/2005 Alex Lyon & Son 10/9/2007 Alex Lyon & Son 12/11/2007 Alex Lyon & Son 8/7/2008 Alex Lyon & Son 12/10/2008 Alex Lyon & Son 5/23/2005 Brigs Equipment 12/11/2007 Alex Lyon & Son 6/22/1999 Alex Lyon & Son 10/9/2007 Alex Lyon & Son 8/7/2008 Alex Lyon & Son 12/4/1998 Alex Lyon & Son 10/9/2007 Alex Lyon & Son 12/10/2009 Alex Lyon & Son 10/9/2007 Alex Lyon & Son 12/10/2008 Alex Lyon & Son 12/10/2008 Alex Lyon & Son Ford 12/10/2009 Alex Lyon & Son 9/22/2009 Mayra Nursery 12/10/2009 Alex Lyon & Son 10/10/1998 Alex Lyon & Son 12/23/2010 Alex Lyon & Son 12/23/2009 Alex Lyon & Son 4/20/2005 NRJ Imports Memo Make - Model Excavator Komatsu PC 240LC Excavator Hitachi EX -100 -2 Excavator Kobelco SK 330LC Excavator John Deere 892 ELC Backhoe JCB 214e Backhoe JCB 214e Backhoe Case 580 L Backhoe John Deere 3106 Backhoe JCB 214e Backhoe John Deere 3106 Dozer Case 550H Dozer John Deere 650H Loader John Deere 544G Loader John Deere 544H Loader John Deere 544J Roller Bomag BW 213D Roller Bomag BW 124 Asphalt Roller Dynapac Pick Up Ford F -250 Pick up Ford F -150 Pick up Ford F -150 Pick Up Ford F -150 Dump Truck Peterbilt Truck Inernational Skid Steer Bobcat 863 Skid Steer Case 1845C International Truc International Screener READ RD40B Tag Along Trailer Year 2000 1993 2003 1990 1999 1999 1999 2003 2004 2004 2000 2002 1994 1999 2005 1985 2000 2005 2004 2003 1995 Service Trucks Water Truck Grader Sweeper Trucks - Tactor Forklift Steel Road Plates Plate Compactors Chipping Hammers Trench Box Sidewalk Forms Buckets Trencher Container 2/21/2006 Yoder.& Frey 12/13/2006 Alex Lyon & Son 5/27/2008 Alex Lyon & Son 5/27/2008 Alex Lyon & Son 12/13/2006 Alex Lyon & Son 8/7/2008 Alex Lyon & Son 10/4/2005 Nations Rent 12/10/2009 Alex Lyon & Son 10/27/2010 Ritchie Bros. 12/10/2009 Alex Lyon & Son 3/3/2011 Albeiro Mejias 10/2/2007 Orlando Garcia 3/25/2005 Briggs Equipment 6/20/2006 Alex Lyon & Son 8/19/2010 Alex Lyon & Son 8/19/2010 Alex Lyon & Son 2/1/2011 Independent 2/18/2011 Independent 3/18/2005 Independent 3/28/2005 1/17/2006 Trench Tech of Fla. 4/7/2005 John Abell 12/15/2006 NRJ Import 8/7/2008 Alex Lyon & Son 9/22/2009 NR-1 Imports 3/11/2011 Albeiro Mejias Lowboy Roger Service Truck Ford F -550 Service Pick up Ford F -450 Water Truck International Water Tank Grader Chanpion 710A Grader Champion C50A Sweeper Bobcat 2001 Freight Liner Low Boy Truck Forklift Clark Steel Road Plates Road Plates Plate Compactor Small Compactor Plate Compactor Jumping Jack Compactor Shipping Hammer Small Shipping Hammer Trench Box Trench Boxes and Road Plates 8x5 Trench Box Spreaders Sidewalk Forms Bucket Buckets 1CB (Digging) Bucket Trencher 1987 2002 1992 1996 2000 Survey Equipment Hydrostatic Test Pump Water Pump Generators Small Support Equipment 3/3/2011 Albeiro Mejias 5/25/2005 Alex Lyon & Son 8/28/2006 Survey Supplies 9/28/2006 Survey Supplies 8/19/2010 Alex Lyon & Son 4/7/2006 Ferguson Ent 8/7/2008 Alex Lyon & Son 9/18/2008 United 11/20/2005 United Rentals 11/2/2005 Jorge diaz 2/5/2006 Alex Lyon & Son 2/5/2006 Alex Lyon & Son 1/28/2007 12/10/2008 Alex Lyon & Son 8/18/2009 Office System Inter 10/22/2009 LG Construction 10/22/2009 Intl Parts 12/10/2009 Alex Lyon & Son 8/19/2010 Alex Lyon & Son 8/19/2010 Alex Lyon & Son 4/12/2011 Albeiro Mejias Container 20 ft Rubu Lase Level Survey Equipment Survey Equipment Laser Level Gas Hydrostatic Test Pump Water Pump Pump Generator (2) John Deere Trash Pump Battery Charger Konica Copier Honda Pressure Washer Oil Cooler Golf Cart E -Z Go New Copier Konica Miscellaneous Const Eqpt. Air compressor Miscellaneous Const Eqpt. Concrete Walk Behind Cutter Heavy Duty Small Tools 2005 2007 ACORD CERTIFICATE OF LIABILITY INSURANCE 02 /08 /2011 PRODUCER (305)822 -7800 FAX (305) 558 -4294 Collinsworth, Alter, Fowler & French LLC 8000 Governors Square Blvd Suite 301 Miami Lakes, FL 33016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC n INSURED Florida Engineering & Development Corp 12076 NW 98th Avenue Hialeah Gardens, FL 33018 INSURERA: FCCI Insurance Company $ 1 1 000 ' 0Q INNSURER 8: AUTHORIZED REPRESENTATNE David Alter RAYSA `,e _'/ INSURER C: GL0007631 NSURER D: DAMAGE TORENTED INSURER E: MED EXP (Any one Person) COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INIR ADUL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 08/30/2011 LIMITS EACH OCCURRENCE $ 1 1 000 ' 0Q A AUTHORIZED REPRESENTATNE David Alter RAYSA `,e _'/ GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR GL0007631 08/30/2010 DAMAGE TORENTED $ 100 OO MED EXP (Any one Person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ECT F LOC PRODUCTS - COMP/OP AGG $ 2,000,00 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS CA0011672 08/302010 08/30/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ A EXCESSIUMBRELLAUABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ UMB0007445 08/30/2010 08/30/2011 EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICEWMEMSER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below 001WC09A61390 02/09/2011 02/09/2012 WC STAru E.L. EACH ACCIDENT $ E.L. DISEASE- EAEMPLOYE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS AMPLE CERTIFICATE Ops: Underground Utilities Contractor - 30 day notice of cancellation except 10 days for non - payment. UW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY SAMPLE SAMPLE SAMPLE OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE David Alter RAYSA `,e _'/ SAMPLE ACORD 25 (2001/08) CACORD CORPORATION 1988 � y. Florida Engineering and Development Corp. Financial Statements for the Years Ended December 31, 2009 and 2008 and Independent Accountants' Review Report p1 &`0 prats RAUCACdez &co. CERTEIED PUanC ACCOUMANTS Independent Accountants' Review Report To the Stockholders of Florida Engineering and Development Corp. Miami, Florida: We have reviewed the accompanying balance sheets of Florida Engineering and Development Corp., (the Company) as of December 31, 2009 and 2008 and the related statements of income and retained earnings, and of cash flows for the years then ended in accordance with standards established by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management and owners of the Company. A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with auditing standards generally accepted in the United States of America, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our reviews, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. Our reviews were made for the purpose of expressing limited assurance that there are no material modifications that need to be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information included in the accompanying supplemental schedules is presented only for supplementary analysis purposes. Such information has been presented to the inquiry and analytical applied in the review of the basic financial statements and we are not aware of anyerial modifications that should be made thereto. — F I /`� Apri130, 201 2121 PONCE DE LEON BLVD. SUITE 240 CORAL GABLES. FLORIDA 33134 (305) 444 -8333 FAX (305) 444 -8334 EMAIL InfoOpralsfernanaez.com Florida Engineering and Development Corp. Balance Sheets December 31, 2009 2008 Assets Current assets Cash $ 1,146,755 S 1,044,103 Accounts receivable, net of allowance for doubtful accounts totaling $25,000 and $275,000 in 2009 and 2008, respectively 284,970 1,708,141 Costs and earnings in excess of billings on uncompleted contracts 727,394 682,132 Due from stockholder 243,030 Other current assets _ _ 37,701 8,480 Total current assets 2,196,820 3,685,886 Property and equipment, net 781,963 585,808 Total __ S 2,978,783 $ 4,271,694 Liabilities and Stockholders' Equity Current liabilities: Accounts payable and accrued expenses $ 280,743 S 1,551,516 Billings in excess of costs and and estimated earnings 8,599 151,799 13 Income taxes payable 13,000 170,000 185,000 425,000 Deferred income taxes Total current liabilities _ ___ .. 1,285,342 2,298,315 Stockholders'Fquity: Common stock, $10.00 par value, 750 shares authorized 50 shares issued and outstanding Paid in capital Retained earnings Total stockholders' equity ------------ Total Total summary statements. See Review Report. 500 500 441,929 441,929 1,251,012 1,530,950 1,693,441 1,973,379 Page 2 Florida Engineering and Development Corp. Statements of Operations and Changes in Retained Earnings For the Years Ended December 31, 2009 2008 Revenues $ 4,371,171 $ 10,223,237 Cost of sales 3,958,747 8,288,764 Gross orofit 412,424 1,934,473 Expenses: Salaries, wages and benefits 374,631 462,901 Insurance 77,095 136,358 Depreciation 122,712 112,832 Gas, oil and tires 36,852 70,907 Rent 83,676 53,692 Taxes and licenses 35,481 39,220 Office 62,030 34,922 Professional fees 57,558 22,070 Travel and entertainment 42,861 18,836 Communications 13,966 18,234 Bad debts 25,000 9,744 Bank service charges 7,485 13,978 Repairs and maintenance 6,391 4,699 Interest 1,041 • 103 Other expenses 3,178 6,735 Total expenses 949,957 1,005,231 Income (loss) before other income and provision for income taxes (537,533) 929 242 Other income 44,084 23,307 Income (loss) before income taxes (493,449) 952,549 Provision for Income taxes: 26,489 176,808 Current Deferred (240,000) 75,000 _ Total provision for income taxes (213,511) 251,808 Net income (loss) (279,938) 700,741 Retained earnings, beginining of year _ 1,530,950 830,209 Retained earnings, end of year $ 1,25.1,012 $ 1,530,950 See accompanying summary ofaccounting policies and notes to mania! statements. See Independent Accountants 'Review Report. Page 3 Florida Engineering and Development Corp. Statements of Cash Flows For the Years Ended December 31, 2009 2008 Cash flows from operating activities: Net income (loss) $ (279,938) $ 700,741 Adjustments to reconcile net income (loss) to net cash used in operating activities: Had debts 25,000 9,744 Depreciation 122,712 112,832 Deferred income taxes (240,000) 75,000 Changes in assets and liabilities: Receivables 1,398,171 (647,708) Costs and estimated earnings in excess (45,262) 167,077 of billings on uncompleted contracts Other receivables (29,221) 14,820 Accounts payable (1,270,773) 695,331 Billings in excess of costs and 654,800 (36,463) estimated earnings income taxes payable _ (157,000) 147,000 Net cash provided by operating activities ______ ___ 178,489 1,238,374 Cash flows from investing activities: (318,867) (336,036) Purchase of property and equipment __.._ .............____..____ _._._— Net cash used in investing activities (318,867) (336,036) Cash flows from financing activities: 243,030 (143,041) Repayment of stockholder advances (19,456) Repayment of notes payable __ ... _.. _ .. ...... __..--- -...._...-- -- Net cash provided by (used in) financing activities _ 243,030 (162,497) Net increase in cash and cash equivalents 102,652 739,841 Cash and cash equivalents, beginning of year _ -- —_ -- 1,044,103 304,262 Cash and cash equivalents, end of year $ 1,146,755 $ 1,044,103 Supplemental Disclosure of Cash Flow Information: 1,041 $ 103 Cash paid during the year for interest ...... $ Cash for See accompanying summary o, f accottnting policies and notes statements. 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JOSE VEGA,CGCt511Q29� /E5 &C71 K10 OUTSIDE STORAGE OR JUNK YARD, NO MECHANICAL REPAIRS, NO PAINTING OF ANY`KIND, NO CHEM ICAL`SOR HAZARDOUa MATEt21ALSALL WORK SHALL BE DONE INSIDE BUILDING. TA t i City License OftiCial L I CENSE YEAR 2010 - 2011 LICENSE MUST BE EXHIBITED CONSPICUOUSLY AT YOUR PLACE OF BUSINESS