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MIGUEL LOPEZ JR., INC. (1)
@ chomasfpepe- 09 -08 -1 I TABLE OF CONTENTS Page f thomasfpepe- 9 -Q - I I TABLE OF CONTENTS Pugs 1 First Sealord Surety, Inc. Power No: MIA-0535-11-09411 Power of Afforney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company") has made, constituted and appointed, and by these presents does make, constitute and appoint Dale Belis of Miami, Florida its true and lawful Attomey-m-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: Not To Exceed Five Million Doi Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duty authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Aftomey-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April 7,'20053 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto, Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attorney- in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or l by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attomey-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Seaford Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. First Seaford Surety, Inc. e asi ($eal)1�0'� I Attest: By: Gary L, Bragg, Secretary Joel Aooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 22r" day of April, 2010, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., satisfactorily proven to be the person whose name is subscribed to this instrument (driver's license), who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First SeaIord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seat of the said Corporation; that the seal affixed to said instrument is such corp—t- —1, 0—f it 16— en affii l H of th. Board of Dre6tbrs'6Vsajd Corporation; and that he signed his name thereto as Vice President of salt —.00,wiltwum till YwAll'41A, County � of Defawa r -NOTARIAL SEAL l (��Pcz� S4 ,W_41L H L Notary Public AOSYN H. JAFFE, Notafy Pu bric F , Twp" Dwwa-4 C" CERTIFICATE iao � 1 23, 2012 1, the u n4 e rs I g n e'd" SeqfetQ oiFirst Seaford Surety, Inc. do hereby certify that the original Power of ...... � , � ' �j ' 0 Attorney . - correct bdpy,�jis in fufl'Y8'Foe ari6'effect on the date of this Certificate and I do further certify that the Officer who executed the said Power was one 6fjhe Officers �iuthri'rizedby the Board of Directors to appoint an Aftorney-il as provided in Section 12-1 of the By-Laws of First Sealord 'Inc. s,Certi , Surety, -ThL -ficate7may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First Seaford Surety; Inc., "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article Xll Section 12-1 of the By-Laws appointing and authorizing an Attomey-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this 114 day of Qc&bef , 24 --/I--. This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here the bond number is the same number as on the original ond,an the bond number has been inserted by an officer or employee of the Company or by the agent. A7 (seal) _ N 1 11/12X� 4k G;_ L. bragq, lacretary 1:�rst,,Scalord 'Surety POA.do�, (Fd 01`20:20H4) ADDENDUM No. 3 Project game: SW 64- Street improvements Project Phase I R As a clarification, the bid is not to exceed $60,0000. The bid will be awarded to the most responsive anj responsible bidder. In the event that there is a remaining Capacity in the contract, additional areas may issued at the time of construction. Williams Paving Co., Inc Alan Rodriguez 105-882-1950 2 r 0 d LjFLZZ(k� _ —L- F-U—Mg Wrangler Construction, Inc jose Perez de Corcho 305-467-6883 iose �wranzler-construction�com ADDENDUM No. I ADDENDUM Pilo. BID FORM SW 64th Street Corridor Improvements - Phase l Public Works Department Engineering & Construction Division Schedule of Values SW 64th Street Corridor Improvements Phase l Item Description Quantity Unit Total Price Unit Price 1 Mobilization 1 _ LS l C _ 2 Maintenance of Traffic 1 LS 3 Clearing and Grubbing 1 LS 0,C) 4 Concrete Removal 927 5Y _ " cl 5 4" Concrete Sidewalk 927 SY ° 6 Installation of Root Barriers /Liner 60 LF "s o SUBTOTAL 7 Performance & Payment Bond $ - S Contingency (10% of Subtotal) - Allowances for.Unforseen Conditions. X00 - iC3T,4L $ t - Motes Revised 10-7-2011 Bid Form must be submitted with the bid. Failure to submit this form shall result in a non- responsive bid. Federai 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 'v • 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, - C 3) Access to Records and Record Retention, Non-Collusiofl Affidavit %�' • Certification Regarding Lobbying • Affirmative Action Standards Certification of Compliance with !7a0 60-2: Affirmative Action Programs • Other Required Certifications: © 1) Equal Employment Opportunity, a 2) Affirmative Action, o 3) Americans with Disabilities Act, o 4) Copeland Anti-Kickback, 0 5) Byrd Anti-Lobbying Amendment, 0 6) Full Disclosure by the Contractor/Bidder, 0 7) Non -Discrimination Clause, o 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 Z • Section 3 Clause 1/1, Bidders Initial Section 3 Goals Certification Regarding Debarment, Suspension, Ineligibilky and Voluntary Exciusion Lower 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 Facifities • 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 Fecleral Regulations o Clean Air Act, 0 Federal Water Pollution Control Act, and 0 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 Tier Note that bidder is required to pay workers • 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. (Please use this language in the advertisement of the project) Initials Miami-Dade County r ■ contract 10. Contractor's on-going construction projects (Schedule these, showing gross amountof each ! the approximate !E e! dates of !mi - i in 11. Have you ever failed to complete any work awarded to your company`s If acs, where and Why? Public (State) Page 2 o 2 3 STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County DHCD Page ter' r GENERAL DECISION: FL20100325 04/"01/2011 FL325 Date: April 1, 2011 General Decision, Number: FL20100325 04/01/2011 Superseded General Decision Number: FL20080325 State: Florida Construction Type: Highway County: Miami -Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 04/0112011 ELECO349 -005 08/31/2009 Rates Fringes ELECTRICIAN ......................$ 25.05 7.56 -------------------------------- - - - - -- --- _- ___ °_- __---- _ -- - - -- * ENGID487 -018 01/0112010 Rates Fringes OPERATOR: Crane Group 1 - All Tower Cranes .Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (with or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydra Cranes Over 25 Tans but not more than 50 Tans ;Hydro /Friction Cranes; All Type of Flying Cranes; Finish Grader, Concrete Pumping Machine with Boom Attachments. .$ 28.30 8.78 Group 2 - Cranes with Boom Length Less than 150 Feet (With or without jib), Hydro Cranes 25 Tarts & Under, & Over 50 Tons ....... $ 27.57 8.78 OPERATOR: Oiler......... .....$ 22.24 8.78 IRON0272 -006 10101/2005 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 25.70 6.43 ---------------- ------------------------------------------ - - - - -- * SUFL2009- 222 08/05/2009 111 17111101 r r® I. Rates Fringes CARPENTER, Includes Farm Work .... $ 15.50 2.19 CEMENT MASON /CONCRETE FINISHER...$ 15.00 8.64 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine).....$ 11.97 2.23 HIGHWAY /PARKING LOT STRIPING Painter ......................... $ 14.38 1_.73 IRONWORKER, REINFORCING .......... $ 15.00 2.45 .LABORER: Asphalt Raker .......... :$ 10.47 1.761 111 17111101 r r® I. LABORER: Asphalt Shoveler ....... $ 10.70 0.00 LABORER: Common or General ...... $ 10.01 3.46 LABORER: Flagger .... ...........$ 11.00 3 .79 LABORER: Grade Checker .......... 10.50 0.55 LABORER: Landscape and Irrigation .......................$ 9.98 0.00 TABORER: Luteman .................$ 10.32 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.00 1,.80 LABORER: Pipelajer .............. "$ 16.00 0. 00 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws ........ $ 10.00 2.30' OPERATOR: Asphalt Paver ......... $ 11.92 2 -.09 OPERATOR: Asphalt Plant ......... $ 12.20 0.00 OPERATOR: Asphalt Spreader ...... $ 10..76 0.00 OPERATOR: Auger .................$ 19.40 0.44 OPERATOR': Backhoe Loader Combo ............................$ 13.00 1..39 OPERATOR: Backhoe /Excavator.....$ 14.69 2.22 OPERATOR,: Boom .................. $ 16.61 0.00 OPERATOR: Bulldozer .............$ 16.50 2.22 OPERATOR: Distributor ........... $ 12.33 0.00 OPERATOR: Drill ...........:.....$ 13.00 1.59 OPERATOR: Grader/Blade .......... $ 16.11 1.65 OPERATOR: Loader...... .......... $ 9.68 3.02 OPERATOR. Mechanic ..............$ 16.20 3.25 OPERATOR: Milling Machine ....... $ 11.50 1.68 OPERATOR: Oil Distributor....... 11.15 0.48 OPERATOR :: Paver. .. .$ 12.85 0.00 OPERATOR: Piledriver ............ $ 14.50 2.16 OPERATOR: Roller ................$ 10.31 2.00 OPERATOR: Scraper. $ 12.31 1.83 OPERATOR: Screed ................$ 10.29 0.00 OPERATOR: Tractor ...............$ 13.00 1.00 OPERATOR: Trencher... .$ 12.56 0.22 PAINTER: Spray and Steel ......... $ 16.62 0.00 TRAFFIC SIGNALIZA.TION: Traffic Signal Installation ...... $ 14.58 0.65 TRUCK DRIVER: 10 Yard Haul Away 'Truck.. ......... .$ 12.50 0.00 TRUCK DRIVER: 3 Axle Truck ...... $ 9.81 0.00 'TRUCK DRIVER: 4,Axle Truck ...... $ 13.33 0.00 TRUCK DRIVER: Distributor ....... 13.22 2.01 TRUCK DRIVER: Dump Truck ........ $ 10.29 4.25 TRUCK DRIVER: Lowboy Truck ...... $ 12.00 0.00 TRUCK DRIVER: Material Truck .... $ 13.15 9.80 TRUCK DRIVER: Tractor Haul Truck ............................ $ 10.64 0.00 TRUCK DRIVER: Water Truck ....... $ 10.50 0100 TRUCK ---------------------------------------------------------------- DRIVER........... . $ 9.76 0.34 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "Su" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. 1.) Has there been an initial decision in the matter? This can be- • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Iii 1511110110111"i!E0 I I I � !11 � I Part i). Write toe Wage and Hour Administrator U.S.. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue, .) 1f the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to Administrative Review Berard U.S. Department of Labor 200 Constitution Avenue,'N.W. Washington, DC 20210 4.) All decisions by the Administrative review Board are final. END OF GENERAL DECIS ON 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 assisled 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 lherein: 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)(J) 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. (11) (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 reasonabie 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 wilt 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)(H)(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. (111) 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 (06/2009) 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 clue. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly 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 P 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.) (if) (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 transmillals. 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 "t - www.doL.goy esaZ who Zforms wh347instr,htm or its successor site. The prime contractor is responsible for the submission of copies of payrolis 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. 11 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. (1 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 States Code. (M) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) avaiiable 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. (1) 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 li-t-,' on - - roll at an - rer,fice wa . r.+. who 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, (111) 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 V Y pp 9 I Previous editions are obsolete form HUD-4010 (0612009) Page 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. Subcontrarts. 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 of 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. (11) 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. (111) 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, inthe sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph, Previous editions are obsolete form HUD-4010 (0612009) 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 Safely Standards Act, (Public Law 91-54, 83 Stal 96), 40 U 3701 el seg. (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 (0612009) Page 5 of 5 ref. Handbook 1344,1 4 - CERTIFICATION REGEPT INSURANCE REQUIREMENTS The tarm "Contractor", as used in this document, refers to the entity providing construction type Services. The terms "owner" and "sub-recipient" are used interchangeably. 1. 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 speced in Section 11, 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 11, 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. 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 1 of 2 vim 6 - INSURANCE HEQUIREMENTS Miami-Dade County DHCD 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 edon 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 001,11, M I 001KIIIS111190.1 U-1=9 lbbleU UJ IFIF70_01U OT Mur iud IM Elf re Me Mer I 1 0 f 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 "Complete Value Builder's Risk", in force when performing any work during the guarante 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 I classifications, as required for strict compliance with the contract. MY tub 111:126,51iff6 • 111T ! 11191,12114FIS] V. Cancellation of any insurance or bonds, or hbn-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. in addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. Page 2 of 2 6 - INSURANCE REOUIREMENTS Miami-Dade County DHCD ft --- ---- -------- - 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 FL20100325 04/01/2011 FL325for this project." 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. 1. Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor/Owner upon no less than ten (10) working days notice when the Principal Contractor/Owner determines that it would be in the best interest of the Principal Contractor/Owner and the Department of Housing and Community Development (ACED). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of deliver Initials Page 1 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County DHCI) 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." 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. off- T 1. # TTWr,.2=9 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/Owher's right to legal or equitable remedies. Initials Page 2 of 3 7 - PROVfSIONS TO BE INCORPORATED IN CO 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. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. .r8JM;%-r M, Ali official project records and documents must be maintained during the operation of this Rule �0911 1, 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 �• • • s -- r ma 11041 • • r • # # Page 12 9 - CERTIFICATION REGARDING LOBBYiN Miami-Dade County DHCD Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity, Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses, To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. B Page 1 of 5 Em 10 -AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD 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 contractors 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 • contributions in cash, equipment- supplied • contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or 4z VW(W-4 64-iW tr2 2�IfA,2wog and women from such programs Supply copies of letters informing minority and women's these training program& recruitment sources or schools providing 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 manual% (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. Initials Page 2 of 5 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business, To Demonstrate Compliance: Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom,- and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy, 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and tests to be used in the selection process. VrCTJ erl rTnT#1nJ—CfrFt-114T I TeTTM - -17FAT-777 I i I T fs--C&a 1 women and provide, where reasonablei school, summer and vacation employment to minority and female youth both on-site and in other areas of the workforces. Page 3 o %5 10 - AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD To Demonstrate Comr .. e opportunities and must have responses received and results noted on letters or in a follow- up file. 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 officers 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. Initials Page 4 of 5 10-AFFIRMATIVE ACTION STANDARDS 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. RRIIIIIIIII Page 5 of 5 IVVtr The penalty for making false statement in offers is Drescribed in 18 U.S.G. 1001 Bidder, by submission of this quotation represents: The undersigned has has not participated in a previous contract • subcontract subject to the Equal Opportunity clause herein Or the clause originally contained in Section 301 of Executive Order No. 10925, or the cl se contained in Section 201 of Executive Order No. 11114; that it has _, has not 1�!Pfffiled 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.) The bidder represents that (a) it has _ developed and has on file, has not developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not _Z previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. 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. [ axes] a 0 1 wu g I aw, "I L M 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, 12 - OTHER CERTIFICATIONS Miami -Dade County DHCD �li?.11hR • r, 1 , " A / r r / / ' / Publishing a statement notifying employees distribution, dispensing, possession, or use of a controlled substance prohibited in the grantee's Workplace and specifying the actions that will taken against employees for • . i of prohibition, to # / / ! ! i; • / • i • Page 1 of 2 13 CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami -Dade County DHCD Me • 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 estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and Yor professional category identified. This program should include but not be limited • the following actions: L 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. A a : 0 : 1i 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 preliminar 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, Initials Page I of 2 15 - SECTION 3 REQUIREMENTS Miami-Dade County DHCD I I App icant, 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 bidd&s responsiveness to Section & A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive� PER _00am- 1111F, 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. VAKTHTWFIA�911 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. Initials Page 2 of 2 15 - SECTION 3 REQUIREMENTS Miami-Dade County DHCD I1 A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors 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, (�� IInitials 16 -SE CTION 3 CLAUSE Miami-Dade County DHCD Page CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1101 1 By signing and submitting this proposal, the prospective lower tier participant providing the certification set out below. i 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. H. W OWN! i H 11 1 1 I=.-ill -8 0 ! 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 MaV 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. am- Now. Page I of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TFIANSACTtONS Miami-Dade County DHCD 1= 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, • voluntarily excluded from the covered transaction, unless it knows that the certification i's erroneous. A participant may decide the method and frequency • 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 authorL�ed 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, debarredi ineligible, or Voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 2 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSTON, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Miami-Dade County DHCD - � �i�. allik s s - i a is 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; M job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; V. leaves of absence, sick leave, or any other leave; vi: fringe benefits available by virtue of employment, whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurringr at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment, Page 1 of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County DHCD I 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: is 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. H. 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.ji. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 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 I