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ADVANCED RECREATIONAL CONCEPTS
r 1 City of South Miami Request for Proposal for Playground Equipment for Marshall Williamson Park 6125 SW 68 Street South Miami, FL 33143 �• L Submittal Due Date: Friday, August 30, 2013 CITY COMMISSION Mayor: Vice Mayor: Commissioner: Commissioner: Commissioner: CHARTERED OFFICIALS City Manager: City Attorney: City Cleric Philip K. Stoddard, PhD Josh Liebman Valerie Newman Walter Harris Bob Welsh Steven Alexander Thomas Pepe, Esq. Maria M. Menendez, CMC Capital Improvement Project Manager: Jorge I. Vera Capital Improvements Program City of South Miami "Excellence, Integrity and Inclusion" C Thomas F_ Pepe, 2011 -2013_ All rights resened- 7/11/13/13 Page I of 72 South Miami bcftd pll•GmedcaGi p I p 2001 }C j, CITY OF SOUTH MIAMI Playground Equipment for Marshall Williamson Park RFP #PR2013 -08 The City of South Miami, Florida, hereinafter referred to as "CSM ", through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP "). All references in this Solicitation (also referred to as an "Invitation for Proposals ") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFP #PR2013.08 titled "Playground Equipment for Marshall Williamson Park." The site is located at 6125: SW 68 Street, South Miami, FI 33143. The purpose of this RFP is to .contract the services necessary for the complete the installation and construction of the proposed playground equipment in accordance with the "Scope of Services." The project is funded through a federal grant, Community Development Block Grant, (CDBG) through Miami -Dade County. Proposers must comply with the CDBG requirements. See "Attachment A To Bid Package." Interested persons who wish to respond to this RFP can .obtain the complete RFP package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http: / /www.southmiatnifl.gov which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFP Package, including all documents listed in the RFP Table of Contents, The Proposal Package shall consist of one (1) original unbound proposal, four (4) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: the title of this RFP, as follows "Playground Equipment for Marshall Williamson Park" RFP # PR2013 -08 and the name of the Proposer (also referred to as "Respondent "). Special envelopes such as those provided by UPS or Federal Express will not be opened unless' they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday, August 30, 2013, A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Mandatory Pre - Proposal Meeting will be conducted at City Hall in the Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143 on Monday, August 19, 2013 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFP Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP procedure and subject also to the right of the City to award the Project , and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price, Maria M. Menendez, CMC City Clerk 'J� Thomas E Pepe, 2011-2013 All rights reserved. Page 2 of 72 7/11/13/13 SCOPE OF SERVICES Marshall Williamson Park 6125 SW 68 Street South Miami, FL 33143 The City of South Miami desires to purchase two (2) age appropriate playground equipment structures; One structure for ages 5 — 12, the other for ages 2 -5. The proposer will be required to provide sufficient documentation to define the terms being provided in the scope of work. Such documentation may include, but not limited to, vendor catalog sheets, general data sheets, drawings and sketches or specification and warranty information. Proposers shall include either pictures or 3- dimensional drawings of what is being proposed Site Specifications: a. Ages 5 -12: The area is approximately 30' X 40' and shall include the following minimum requirements: Composite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 5 — 12. 2. Child capacity of 25 or more. 3. At least two (2) slides. 4. One (1) Challenge ladder. 5. A Crawl Tunnel. 6. Spider Net Climber. 7. Arch Climber. 8. ADA Sky Climber. 9. Two (2) or more Toppers. 10. Approximately 5 - 7 play elements. 11. Swirl Pole. 12. 5 ft Climb Rope. 13. 15 ft Board Walk. 14. Wheelchair Accessible. b. Ages 2 — 5: The area is approximately 30' X 30' and shall include the following minimum requirements: i. Composite Structure: (Note: Wood Structure is not permitted.) I. Recommended for ages 2 — 5. 2. Child capacity of 15 — 20. 3. A least two (2) slides. 4. A minimum of two (2) toppers. 5. One Canopy, 6. Three -step climbing ladder. 7. Approximately 2 — 4 play elements. 8. Sand Box. 9. Alphabet Blocks. 10. Wheelchair Accessible. c Thomas P Page 3 of 72 . Pepe, 2011 -201 }, All rights reserved. 7/1 1/13/13 II. Border Material /Site Locations: I. Sufficient border is required to encompass the use zone of the composite structure. 2. The two (2) locations currently include playground equipment. The awarded vendor will be required to remove and dispose of the structures and prepare the areas for the new playground equipment. 3. Manufacturer of the equipment quoted shall be ISO 9001 certified and the designer and factory installer must be certified by the National Playground Safety Institute. All equipment provided must, at a minimum, meet the following standards: a. ADA- American with Disabilities Act b. ASTM — The American Society for Testing Materials c. IPEMA — The International Playground Equipment Manufacturers Association. 4. The awarded vendor will be required to obtain any permits required; however the City will waive all City permit fees. Permits that may be required by other agencies will be the responsibility of the awarded vendor, including applicable fees. 5. The awarded vendor will prep the site locations for the installation of the proposed playground equipment and provide concrete, mulch or any type of safety surface required. III. Warranty: a. The standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer. IV. Project Funding: a. This project is funded through a federal grant, Community Development Block Grant, (CDBG.) through Miami -Dade County. Proposers must comply with CDGC requirements. Refer to "Attachment A To Bid Package." V. Boundary Survey: a. A Boundary Survey depicting the park is included with the RFP. Refer to "Attachment B Boundary Survey, Marshall Williamson Park" END OF SECTION C Thomas P. Nepc 2011-2013 All rights reserved Page 4 of 72 _ 7/11/13/13 INSTRUCTIONS for RESPONDENT IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFP FORM. I. Purpose of RFP. The City of South Miami is requesting proposals for the lowest and most responsive price for Playground Equipment for Marshall Williamson Park, The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFP will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFP where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFP. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami, 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami, This person or back -up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract, 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, .agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. In the event of a conflict between documents the following order of precedence shall apply, unless otherwise specified in the Contract or General Conditions to the Contract, and the conflicting document found above the other conflicting document or documents in the list shall take precedence over the documents in the list found below it: a) Attachments /Exhibits to Special or supplemental conditions to Contract b) Special or supplemental conditions to Contract c) Attachment/Exhibits to Contract d) Contract e) General Conditions to Contract f) Addenda to RFP g) Attachments /Exhibits to RFP h) RFP i) Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty -four (24) howl of opening the response submittals received, along with a request for permission to withdraw the response; or d) The firm submits documentation and an explanation of how the response submittal error was made. 7. The terms, provisions, conditions and definitions contained in the Solicitation cover letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference, 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 A.M. Tuesday, August 27, 2013 prior to the date of the RFP opening to the attention of Steven P. Kulick at it <uhe I<;tzstukhntinmifLgov_ or via facsimile at (305) 663 -6346. J Thomas P. Pepe, 2011-2013 All rights resened Page 5 of 72 . 7/11/13/13 9. The issuance of a written addendum is the only official method whereby interpretation and /or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFP Package (also known as "RFP Specifications" or "RFP ") by U.S. mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Invitation to Propose is subject to the "Cone of Silence," in accordance with Miami -Dade County Ordinance Nos. 98106 and 99 -I. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre - proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited, A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation for a proposal, for qualifications, for a letter of interest or bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFP, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFP. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14, Reservation of Right. The City anticipates awarding one contract for services as a result of this RFP and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFP documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. 15. Contingent Fees Prohibited. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. Thomas P. Pepe, 2011-2013 N Page 6 of 72 I rights rescrvcd. 7/11/13/13 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a CONTRACTOR, Sub- contractor, supplier, Sub - consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as a RFP Package, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) Four (4) copies of the completed Proposal Form fully executed. d) Proposal Bond, (Bond or cashier's check) attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and /or Letter of Insurability. g) The entire RFP Package shall be placed in a sealed, opaque envelope and clearly marked with the Respondents name and titled as follows: "SEALED PROPOSAL, Playground Equipment for Marshall Williamson Park, RFP #PR2013 -08 ". 18. All erasures and corrections must have the initials of the Respondents authorized representative in ink at the location of each and every erasure and correction. Proposals shall be signed using Blue ink; all quotations shall be typewritten or printed with ink. All spaces shall be filled in with the requested information or the phrase "not applicable ". 19. Goods: If goods are to be provided pursuant to this RFP the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal', it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and /or specifications for such items The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his /her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondents name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted here are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of 90 calendar days from the date of the Proposal opening unless otherwise stated in the Page 7 of 72 C Thomes F. Pepe, 2011-2013 All rights reserved_ 7/11/13/13 Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Invitations for Proposals shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M,S.D.S) when applicable. 20. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFP and as required by law, The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal Bond. 21. Insurance: Respondent shall meet the following insurance requirements: a) Certificate(s) of Insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City and shall deliver them to the City prior to issuance of any Contract(s) or Award(s) Document(s): or b) At the time of the Proposal submission the Respondent must submit evidence, acceptable to the City, of insurability in the form of a letter from Respondents insurance carriers ( "Letter of Insurability ") demonstrating the ability to obtain coverage outlined in the Indemnification and Insurance Requirements set forth in the General Conditions to the Contract which are attached to this RFP Package. c) All insurance shall be issued by companies rated A: VII or better per A.M. Best's Key Rating Guide, latest edition unless otherwise required by the aforementioned Indemnification and Insurance Requirements and authorized to issue insurance in the State of Florida. d) It shall be the responsibility of the Respondent and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the Respondent, which relate to the activities of such Respondent and the City of South Miami. Such notification shall be in writing, and shall be submitted to the City twenty (20) calendar days prior to cancellation or modification of such policies. This requirement shall be reflected on the Certificate of Insurance and in an endorsement to the policy which shall include the City and Miami -Dade County as an additional named insured who shall have the option, but not the duty, to pay the unpaid premium and the right to cancel the policy thereafter without notice to Respondent or liability to Respondent for such cancellation. e) Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 22. Copyrights and /or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 23. Award of Proposals: The City of South Miami reserves the right to award the contract to the lowest, most responsive, responsible Respondent, as determined by the City Commission, subject to the right of the City to reject any and all proposals, to waive any irregularity in the proposals or RFP procedure and subject also to the right of the City to award contract to a Respondent other than the one with the lowest price for the work. 24. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and /or with other units of state, and /or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Page B of 72 C Thomas F. Pepe, 2011-2013 All rights reserved. 7/11/13/13 25. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 26. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFP on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List, 27. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub - consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 28, Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and /or collusion. The submission of a proposal shall act as an agreement by the Respondent that the proposal bond shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFP process or until a judgment is entered in the Respondents favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal Bond shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 29. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 30. Bonding Requirements: The Respondent, in submitting this Proposal, shall include a Proposal Bond in the amount of 5% of the total amount of the base Proposal on the Proposal Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 31, Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Proposal Price,. including Alternates if any, naming the City of South Miami and Miami -Dade County as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and /or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 32. Proposal Guarantee: The successful Respondent shall execute the Contract (Agreement) and provide Certificates of Insurance, as well as the applicable insurance policy with required endorsements, a Performance and Payment Bond if required, and within ten (10) calendar days of Notice of Award by the City. The Respondent who has the Contract awarded to him and who fails to execute the Contract and furnish the required Bonds and Insurance Certificates within the specified time shall forfeit the Proposal Bond /Security that accompanied the Proposal, and the Proposal Bond /Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to enter into the Contract or furnish the Bonds and Insurance Certificates, Proposal Bond /Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal Bond. 33. Pre - proposal Conference Site Visits: It is mandatory that all Respondents attend a pre - proposal conference if required or requested by the City, and tour all areas referenced in the Proposal Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the pre - proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFP Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. 34. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form, 35. Submittal Requirements: All Proposals shall comply with the requirements set forth herein. Page 9 of 72 Thomas F_ Pepe, 2011 -2013_ All nghts reserved. 7/11/13/13 36. Cancellation of Bid Solicitation: The City of South Miami reserves the right to cancel, in whole or part, any invitation to bid when it is in the best interest of the City. 37. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. END OF SECTION Page 10 of 72 C Thomas F. Pepe, 2011 -2013. NI rights resented 7/11/13/13 Proposal Submittal Checklist Form This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFP. The response shall include the following items: X / Bid Form X Bid Bond ! i� N/A Bid Bond Power of Attorney N/A X BIDDER Qualification Statement X Non - Collusion Affidavit ✓ X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace ✓ X Acknowledgement of Conformance with OSHA Standards X List of Proposed Subcontractors and Principal Suppliers Al X Related Party Transaction Verification Form X Indemnification and Insurance Documents X CDBG Requirements, ( "Attachment A To Bid Package ") I/ Submit this checklist along with your proposal indicating the completion and submission of each required forms and /or documents. END OF SECTION Page I I of 72 s'Ihomas F. Pepe, 2011-2013 All rights reserved. 7/11/13/13 • "u THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this RFP Package, and to perform and furnish all work as specified or indicated in this RFP for the Proposed Price, within the Contract Time and in accordance with the other terms and conditions of the RFP Package, 2. Respondent accepts all of the terms and conditions of the Advertisement, RFP, Invitation for Proposals and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal Bond /Security. This Proposal will remain subject to acceptance for 90 calendar days after the day of the Proposal Opening. Respondent agrees to sign and submit the Contract with the Bonds, Insurance Policy with appropriate endorsements, Insurance Certificate and other documents required by the RFP within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the RFP Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1 Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated b. Respondent has familiarized himself with the nature and extent of the Contract. Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this RFP, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in (c) above which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal.. Page 12 of 72 C. Thomas F. Pepe, 2011 -2013_ All rights reserved. 7/11/13/13 iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the RFP Package or in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the scope of the Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and services necessary to .provide a complete, in place Project for the Proposal Price of: LUMP SUM BASE PRICE: dollars and Alternates: #1 #3 #4 #5 #6 #7 #8 cents $ A fee breakdown, if applicable, for each task must be completed in the table shown above. Failure to complete this information shall render the proposal non - responsive. Page 13 of 72 C hams F. Pepe, 2011 -2013_ All rights resened- 7/11/13/13 5. The ENTIRE WORK shall be completed, in full, within 60 working days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as set forth in the Contract. 6. Communications concerning this Proposal shall be addressed to: RESPONDENT: Address: Telephone: Facsimile: Attention: 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined 3n this RFP Package, SUBMITTED THIS aQp DAY OF 20I . PROPOSAL SUBMITTED BY: Fax Number Proposal Email Address\ Title Title Page 14 of 72 .(A hoinas F Pepe, 2011-2013 All rights resened- 7/1 1/13/13 SCHEDULE OF VALUES Item Description Unit Qty Amount I Mobilization LS I �j,}CI37ci.E� 2 Demolition of playground LS 1 065610, 00 3 Playground equipment (2 -5 yrs) LS I 4 Playground equipment (5- 12yrs) LS I �•�(9 5 Installation of playground equipment LS I 3z, l 6 rrtr�c4� �If�ss �- Subtotal $a g, 4 5<,) 6 Performance Bond LS 7 OH & Profit (Labor & Office Personnel) LS I �U END OF SECTON © Thomas F. Pepe, 2011 -2013_ All rights reserved_ 7/11/13/13 Total $rlJ Pr Page 15 of 72 EVALUATION SELECTION PROCEDURE Scoring and Ranking An Evaluation Selection Committee comprised of 3 to 5 City staff members will review proposals submitted and rank each proposer using the evaluation factors listed below: EVALUATION CRITERIA: Competitive Selection-Ranking: maximum 100 points. Each proposal shall be evaluated on the following evaluation criteria, weighting and maximum points: 1. Aesthetics & Design Conformity to Allotted Space; Maximum 20 Points 2. Number of Play Elements & Play Value; Maximum 20 Points 3. Creativity of Design; Maximum 20 Points 4. Durability & Warranty; Maximum 20 Points 5. Proposed Cost Maximum 20 Points END OF SECTION Page 16 of 72 c, Thomas P. Pepe, 2011-2013 All rights reserved. 7/11/13/13 PROPOSAL BOND STATE OF FLORIDA COUNTY OF MIAMI -DADE KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of South Miami ( "City "), a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that: WHEREAS, the Principal has submitted the accompanying Proposal dated , for the pursuant to an RFP and a condition precedent to the submission of said Proposal is that a Proposal Bond in the amount of five percent (5%) of the Base Proposal be submitted with said Proposal as a guarantee that the Respondent would fulfill the obligations set forth in the RFP and proposal documents; NOW THEREFORE, A. If the principal shall not withdraw said proposal within ninety (90) calendar days after the date for opening of the same, and shall, within ten (10) calendar days after the prescribed forms are presented to it for signature, enter into a written contract with the City in accordance with the proposal as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, and provide proof of insurance as required, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. However, in the event of the principal's unauthorized withdrawal of said proposal within ninety (90) calendar days after the date of the opening of the same or the failure to enter into a written contract with the Owner in accordance with the proposal as accepted, and /or the failure to provide the City with bonds issued from good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and proof of insurance within ten (10) calendar days after the prescribed forms are presented to it for signature and /or in the event that the principal is not awarded the project but fails to waive all claims that arose or might have arisen out of the RFP process, then the above obligations shall remain in full force and effect and the bond shall thereafter be disburse, by court order, to the Owner in the full amount of the bond if the Proposal Documents provide for liquidated damages under the circumstance of the case or, if liquidated damages are not applicable, then in an amount that is adequate to fully compensate the Owner for all of its damages incurred due to the breach of the terms of this Bond, including all attorney fees, court costs and legal expense incurred by the City for any and all action taken, whether before or after the commencement of legal proceedings, including, proceedings required to obtain the court order of disbursement, including the cost of all appeals or other related proceedings, as well as the fees and costs incurred to collect these damages. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 20 — the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. Page 17 of 72 s- Ihomas P. Pepe, 2011-2013 All rights resen ed. 7/11/13/13 SECOND PAGE OF A TWO (2) PAGE PROPOSAL BOND IN PRESENCE OF: ATTEST: By: "Impress Corporate Surety Seal (Seal) (Individual or Partnership Principal) (Business Address) (City /State /Zip) (Business Telephone) (Corporate Surety)" IMPORTANT Surety companies executing bonds must appear on the Treasury Departments most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. FAILURE TO COMPLETE SIGN & RETURN THIS FORM MAY DISQUALIFY YOU By: Page 18 of 72 0 Thomas F. Pepe. 2011 -2013. All rights reserved_ 7/11/13/13 KNOW ALL MEN BY THESE PRESENTS: That, pursuant to number is whose telephone number business address is County whose business the requirements of Florida Statute 255.05, we, _, whose business address is and whose telephone as Principal (hereinafter referred to as "Contractor "), and , whose business address is and as Surety, are bound to the City of South Miami whose and whose telephone number is ,.and Miami -Dade address is and whose telephone number is _as Obligee, (hereinafter referred to as "City ") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has entered into a Contract, for the (<PROJECT>>, awarded on the day of , 20, under Contract Number by the City for the construction of (brief description of the Work) in accordance with drawings (plans) and specifications prepared by N/A which Contract is hereby made a part hereof by reference, and is hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that the Contractor: I. Fully performs the Contract between the Contractor and the City for the within days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other foreseeable consequential damages), expenses, costs and attorney's fees, including attorney's fees incurred in appellate proceedings, mediation and arbitration, if any, that City sustains because of default by Contractor under the Contract or caused by or arising out of any action or proceeding to enforce the Contract or this Bond; and 3. Upon notification by the City, correct any and all patently defective or faulty Work or materials that appear within one (1) year after the issuance of the Certificate of Occupancy, and correct any and all latent defects that are discovered before the expiration of the third (3rd) year following the date of the issuance of the Certificate of Occupancy; and 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract. If all of the forgoing conditions are met, then this Bond is void, otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by the City to be, in default for failing to perform in strict accordance with any of the terms of the Contract, the Surety shall promptly remedy the default as well as perform in the following manner: Complete the Contract in accordance with the Contracts terms and conditions provided the City makes available,. as Work progresses, that portion of the Contract Price that has not already been paid to, or on behalf of, the Contractor. The City shall not be required to pay any more than the amount of the Contract Price. The surety shall not be obligated to pay more than the maximum amount for which the Surety may be liable as set forth in the first paragraph of this bond. If the Surety fails to commence the Work within thirty (30) days of receipt of the City's declaration of a default or if the Surety fails to man the job with sufficient forces, or suspends the Work, for more than thirty (30) days, either consecutive or in combination with separate occasions, the City shall have the option, in the City's sole discretion, and without waiving its right to any other remedy or damages provided for by this bond, to complete the Work with other forces and the Surety shall pay for the cost to complete the Work. The term "balance of the Contract Price" as used in this paragraph, shall mean Page 19 of 72 2 Thomas F_ Pepe, 2011 -2013- All rights reserved. 7/11/13/13 the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation ocher than the City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: (Individual, President, Managing Member or General Partner, etc.) (Agent On this, the day of , 20 , before me, the undersigned notary public of the State of Florida, the foregoing performance bond was acknowledged by (Corporate Officer), (Title), of (Name of Corporation), a (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 20 of 72 S Thomas f. Pepe, 2011-2013 All rights reserved. 7/11/13/13 (Business Address) (City /State /Zip) (Business Telephone) OR (Corporate Name) ATTEST: (President) Secretary (Business Address) (City /State /Zip) (Business Telephone) IN THE PRESENCE OF: INSURANCE COMPANY: BY: (SEAL) and Attorney -in -(act Signature) (Business Address) (City /State /Zip (Business Telephone) STATE OF FLORIDA ) COUNTY OF MIAMI -DADE ) (Agent On this, the day of , 20 , before me, the undersigned notary public of the State of Florida, the foregoing performance bond was acknowledged by (Corporate Officer), (Title), of (Name of Corporation), a (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, or Type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 20 of 72 S Thomas f. Pepe, 2011-2013 All rights reserved. 7/11/13/13 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.01, et seq., Florida Statutes, we, , whose business address is and whose telephone number is ,as Principal, (hereinafter referred to as "Contractor "), and whose business address is and whose telephone number is , as Surety, are bound to the City of South Miami, whose business address is _ and whose telephone number is , and Miami -Dade County whose business address is and whose telephone number is as Obligee, (hereinafter referred to as "City ") in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, by written agreement, entered into a Contract for the «PROJECT», awarded on the day of 20 , under Contract Number for the construction of (brief description of the Work) by the City in accordance with drawings (plans) and specifications prepared by N/A which Contract is hereby made a part hereof by reference and is hereafter referred to as the "Contract" THE CONDITION OF THIS BOND is that if the Contractor: I. Promptly performs the construction work in the time and manner prescribed in the Contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the Contract; and 3. Pays City all losses, damages, expenses, costs, and attorney's fees, including those incurred in any appellate, mediation or arbitration proceedings, if any, that Owner sustains because of a default by Contractor under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract shall not affect the Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals on this day of , 20 , the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: 190 ATTEST: Secretary 0 Thomas F. Pepe, 2011 -20) 3_ All rights resened- 7/11/13/13 (Individual, Presiden4 Managing Member or General Partner, etc.) (Business Address) (City /State /Zip) (Business Telephone) (Corporate (President) (Business Address) Page 21 of 72 (City /State /Zip) Telephone) SECOND PAGE OF A TWO PAGE PAYMENT BOND WHEREBY IS THE PRINCIPAL AND IS THE SURETY IN THE PRESENCE OF: INSURANCE COMPANY: BY: (SEAL) (Agent and Attorney -in -fact Signature) (Business Address) (City /State /Zip (Business Telephone) STATE OF FLORIDA COUNTY OF MIAMI -DADE On this, the day of , 20_, before me, the undersigned notary public of the State of Florida, the foregoing payment bond was acknowledged by (Corporate Officer), (Title), of (Name of Corporation), a (State of Incorporation) corporation, on behalf of the corporation. WITNESS my hand and official seal NOTARY PUBLIC: SEAL OF OFFICE: Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. *Power of Attorney must be attached. Notary Public, State of Florida (Name of Notary Public: Print, or Type as commissioned.) END OF SECTION Page 22 of 72 0 'ihomas F. Pepe, 2011-2013 All rights reserved 7/11/13/13 RESPONDENT QUALIFICATION STATEMENT The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and CONTRACTOR selection. I. Number of similar construction projects completed, a) In the past 5 years ( JU In the past 5 years On Schedule I(_1 b) In the past 10 years In the past 10 On Schedule 2. List the last three (3) completed similar projects. a) Project Name: �t Owner Name: Owner Address: Owner Telephone: C�<A � — ?A-,( . ') O <' X1 ([% -!)On Original Contract Completion Time (Days): Lsu Aa Original Contract Completion Date: t \ C kL l<�— Actual Final Contract Completion _ Date: � C,�(U''�� JO I Original Contract Price: Actual Final Contract Price: b Thomas F_ Pepe. 2011-2013. All rights reserved. 7/11/13/13 ( of (0 -I . �� Page 23 of 72 b) Project Name: Owner Name: A��4 Owner Address: Owner Telephone: Original Contract Completion Time (Days): k I i Original Contract Completion Date: j,- Actual Final Contract Completion Date: Original Contract Price: I i Actual Final Contract Price Project Name: AVlo Owner Name: C N 60 . Owner Address: >,\ -)ry, Owner Telephone: -� — `-'` �(' Original Contract Completion Time (Days): Lcj lc�(L Original Contract Completion Date:��yr�Q,(' \O Page 24 of 72 1hoinas P. Pepe, 2011-2013 All rights resen,ed- 7/11/13/13 Actual Final Contract Completion — Date: g_0' `rr Date: ( 4, �/ -_k" 1`) Original Contract Price: Actual Final Contract Price: a13 �l' 1' b (/ 3. Current workload Project Name Owner 4. The following information shall be attached to the proposal. a) RESPONDENTS home office organization chart. b) RESPONDENT "s proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any:Ol a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years Page 25 of 72 U. Thomas F. Pepe, 2011 -2013 All rights reserwd- 7/11/13/13 Jarrod Pike, Construction Manager Jarrod has worked in the construction industry since 1997. He has experience in both residential and commercial projects as a construction manager. Starting in North Carolina, Jarrod managed construction projects for many multifamily dwellings and municipalities in the area. Since in Florida, he has worked as a crew member and has managed many commercial projects that included site work, foundation work and structural erection. Jarrod has 9 years of experience quoting and managing residential, commercial and government projects and has volunteered his leadership to city and local charity playground projects. Projects: Health First, Viera Hospital Valued at $375,000 As a Subcontractor, managed the site work to include grading, Irrigation, landscaping and lighting. Worked in conjunction with Bovis General Contractors and PAVCO to complete job on time without incident. Completed 2011. Vero Beach Elementary Valued at $165,000 As Construction Manager, coordinated operations on relocating and installing playgrounds and creating a safe environment in a public school setting. Worked with the School Board of Indian River County and Proctor Construction to complete project in a timely manner with no incident. Completed 2012. Slomin Family Center Valued at $55,000 As Construction Manager, worked with the architects of Ocampo & Associates and owner to create an interpretive nature trail for children's autistic learning center. Worked closely with all parties involved to remedy adverse site conditions and provide an aesthetically pleasing and functioning area. Project completed ahead of schedule in 2012. Health First Child Development Center Valued at $130,000 As Construction Manager, involved in planning and fulfillment of installation of four playground environments. Each playground to be completed on different schedules and to be done without any disruption to child careactivities. Project currently in Progress Lazaro Gonzalez 440 Seventh Avenue Melbourne, FL 32903 (321)775 -0600 I onzalez a7( plUspaceservic ®s.com Objective: To manage a- vertically integrated contracting business wherein my Industry knowledge and experience will be utilized to benefit clients, the company, and myself by attaining goals and meeting objectives set forth within our industry business model. Work Experience ; 1995 - Present May `pace- SeilAces, Inc i Advarropd Recroational Con"%lats, LLC Co- Owner/ Managing Partner Came to Play Space Services as a construction Project Manager. Worked his way into the partnership and helped manage this mid -sized recreational design build general contracting supply firm consisting of 35 employees wherein servicing 11 ¢million dollars in billings in fiscal year 2009. As Partner of this turn -key supply, deliver, and installation company managing projects issued by US Air Force, National Parks Service, Disney Theme Parks, State, County, City, and Municipal government agencies. He has been a certified General Contractor in the State of Florida for 8 years. He has been a Certified Playground Safety Inspector for 11 years, and has been in the construction side of the business for 18 years. He has 12 years of sales experience in ARC, selling playground equipment, park amenities, safety surfacing, and other rubber based products. He is a member of the National Playground Contractors Association, and a member of ADA accessibility Committee, helping to improve playgrounds with safety in mind for the handicapped, Lazaro is bi- lingual, speaking fluent Spanish makes him able to deal with the Spanish population in Florida. Lazaro is also known in the industry for his forward thinking in the Going Green Industry, by expanding our product line of Rainbow Turf products for landscaping. David J. Antonacci 210 Dogwood Avenue Melbourne, FL 32951 (321)722 -2861 dnntonacci(aiplayspaceservices.com Objective: To manage a vertically integrated contracting business wherein my Industry knowledge and experience will be utilized to benefit clients, the company, and myself by attaining goals and meeting objectives set forth within our industry business model. Work Experience : 1991 - Present Play Space Services, Inc / Advanced Recreational Concepts, LLC Owner / Founder / President Incorporated Play Space Services, Inc. as a business in June if 1991. The President and Managing Partner, a mid -sized recreational design build general contracting supply firm consisting of 35 employees wherein servicing 11+ million dollars in billings in fiscal year 2009. Owner of this turn -key supply, deliver, and installation company managing projects issued by US Air Force, National Parks Service, Disney Theme Parks, State, County, City, and Municipal government agencies. Co- Founder of the National Playground Contractors Association with tenure of twenty years industry experience whereby supported by a 91 Dunn & Bradstreet business rating. 1989 -1991 Tropical Bar & Restaurant Services, Inc Director of Sales Managed new account development and servicing of customers in the Central Florida Region. Managing numerous hotels and resort properties, National accounts, local theme attractions, high volume concessions operations, night clubs and entertainment facilities. Fiscal accountability of 5M in business . 1988 -1989 Beverage Masters of Florida, Inc Owner Operator Provided educational services to various end users customers operations involved performing restaurant beverage sales, support training, wine and spirits seminars, menu development service, catered private or group wine tastings throughout Central Florida. 1983 -1988 Miami Lakes Inn & Golf Resort / Graham Companies, Inc. Resort Director - General Manager Managed respective operation of three resort properties, responsible for department profit and loss, reaching all performance goals from 1983 -1988 while operating under budget. Responsible for training all new hire personnel in a human resource capacity, serving as training specialist 1982 -1983 Southern Advertising Group Tallahassee, Florida Account Executive Responsible for the procuring of new accounts and the servicing of clients thereafter. Century 21, Consolidated Bank Group and Subway Restaurants were accounts of record. Education: May 1979 Tallahassee Community College Associate of Arts Degree May 1982 Florida State University Psychology / Business — Bachelor of Science Dec 2001 Northfield University Master of Business Administration I. Government References: List other Government Agencies or Quasi - government Agencies for which you have done business within the past five (5) years. Name of Agency: �� V ��_ L..Vv.I o Address: Ste.Ack�(lnv DD��1 Telephone No.: Contact Person: C�t�_Q(�\ \�� `x�✓l Type of Project: NI, Ic �o( Name of Agency: c• Address: Telephone No.: ?)J\ — -� Contact Person: r Ar Type of Project: (` l Name of Agency: C_A,, A Address:A +� Telephone No.: " �S� - — Contact Person: Type of Project: JdavK.1C���� -� Page 26 of 72 c— Ihomas r. Pepe, 201 1 2013. All rights reserved. 7/11/13/13 NON - COLLUSION AFFIDAVIT STATE OF F�ORIDA ��'re�ct4�� COUNTY OF— MIAMI=DADE lU[ fv \ iJV'14 Z� being first duly sworn, deposes and states that: (1) He /She /They is /are the �)6 \ t Q,, (Owner, Partner, Officer, Representative or Agent) of �,4 \Z4UKr. �`W.D L�.S -- the Respondent that has submitted the attached Proposal; (2) He /She /They is /are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this afant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and pr Oer and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the p t of the espondent or any other of its agents, representatives, owners, employees or parties of int res', incl ding this affiant. Signe , sealed and delivered in the presence of: r 0UU % Witness Signature l I � 1 Witness Print Name and Title ' Date cpepe02 -I8 -13 Page 27 of 72 ACKNOWLEDGEMENT STATE OF FL RIDA Dav COUNTY OF MIAMI -DADE On this the c' t') day of k.:, ' 20�. ,, before me, the undersigned Notary Public of the State of Floridapersonally ap eared Na e(s of individual s) who ppeared before notaryYy,v?,�.t�IUZ �S�ZS�t�I— ri'�Zti 2 and whose name(s) is /are Subscribed to the within instrument, and he /she /they acknowledge that he /she /they xecuted it. WITNESS my hand and official seal, f Notary Public, State of Flo 'da NOTARY PUBLIC: SEAL OF OFFICE: �n✓Y , �, ���( (Name of Notary Public:' I Print, Stamp or type as far n�¢ Nofery f,uuuc Staie or rlorma commissioned.) . � �: Tamara L Orliz ''�or,�4 °P4 cx��es�ns�n izoiapzaaar bey Personally known to me, or Personal :identification: Type of Identification Produced Did take an oath, or Did Not take an oath. Page 28 of 72 C I hwnas P. Pepe, 2011 -2013. Al l rights reserved - 7/11/13/13 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a: public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public .entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of apublic building or public work, may not submit bids or proposals on leases or real property to a public .entity, may not be awarded to perform Work as a CONTRACTOR, Sub- contractor, supplier, Sub - consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 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. by This sworn bate ent i�spbmitted to [print name of the public entity] title] [print name of entity submitting sworn stateme business address is and (if applicable) its Federal Employer Identification Number (FEIN) is,�12cy (If the entity has no 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 Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 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 (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 Page 29 of 72 C Thomas F. Pepe, 2011 -2013. All rights rrserved. 7/11/13/13 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. S. I 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 proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public . entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] % Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a. public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a. Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] r- I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FO /THE PUBLIC. ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND TH THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I A00 U ERST�� ND THAT AM XCESS OF THE REQUIRED THRESHOLD OAMOOT PROVIDED IN SECTION R 870170, FLORIDA STATUTES, OK C EG91NRYYTWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ,l / Sworn to and subscribed before me this 0 day of `1(�„' I�-� -f , 20 r�,. Personally known 7 OR Produced identification (Type of identification) Form FUR 7068 (Rev.06 /1 1/92) Notary Public — State of - yv My commission expires (Printed, typed or stamped com iss oned name of notary public) Page 30 of 72 C llromas F Pepe, 2011 -2013. All rights reserved_ 7/11/13/13 E oQ,� Notary PribliTamara L ,, � My Commissoe Expires 09!00 /2014 Page 30 of 72 C llromas F Pepe, 2011 -2013. All rights reserved_ 7/11/13/13 Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or proposals shall be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to aintain a drug -free workplace through implementation of this section. As the person authorized to sign the scatemen�cerci that this firm complies fully with the above requirements. RESPONDENT's Signature:X Print Name: Date: Page 31 of 72 Q Ihomas F Pepe, 2011-2013 All rights reserved. 7/11/13/13 ACKNOWLEDGEMENT OF CONFORMANCEWITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI ((��� p Qb( -, me_ We, � �1�,r,cF.c�, \mac „ -�` \�c w�h r . (Name of CONTRACTOR), hereby acknowledge and agree that as CONTRACTORS for the project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub- Contractor's names): to comply with such act or BY: Name Title Page 32 of 72 C Thomas F. Pcpc 2011 -2013. All rights reserved. 7/11/13/13 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. Classification of Work Landscape Subcontractor Name Address Telephone, Fax & Email Sodding and Turf Work Electrical Irrigation Paving Park Amenities Graphics Utilities Excavation Building Structures Plumbing Painting Testing Laboratory Soil Fumigator Signs Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. Page 33 of 72 C Thomas I=. pepe.201 ?013. All rights reserved. 7/11/13/13 RELATED PARTY TRANSACTION VERIFICATION FORM I �ti�Z.a.«� (—,00 _K_ , individually and on behalf of '_M,Ua>�A ( "Firm ")have Name of Representative CompanylVendorlEntity read the City of South Miami ( "City ")'s Code of Ethics, Section 8A -I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A- 1)with regard to the contract or business that I, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, .parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and /or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource. which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or Page 34 of 72 G Thomas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e, "see attached additional information" and make reference to this document and this paragraph onto the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation astothe relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le, spouse, parents, children, brothers and sisters) have also responded, other than the following: _ (if necessary use a separate sheet to supply additional information that will not fit . on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents; as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, fie giving of any false information or the failure to supplement this Verification Form, may subject e,,or t X Firm,lto immediate termination of any agreement with the City, and the imposition of the maximum f Band /o any penalties allowed by law. Additionally, violations may be considered by and subject to action by the is I- de C96nty Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort o in es gate�jlfie matters to which I am attesting hereinabove and that the statements made hereinabove are tru an co recyfothe best of my knowledge, information and belief. Signature: Print Name & Titl�.�ZC.ad<� Date: Page 35 of 72 U Thomas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 ATTACHED: Sec. 8A -I - Conflict of interest and code of ethics ordinance. Municode Page I01`4 Sec. 8A- I. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members' shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi - judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel' shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money; gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: ( I ) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); Page 36 of 72 0 dhomzs F. Pepe, 2011 -2013. All rights reserved_ 7/11/13/13 (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by acity person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city, This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contractor transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, .director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically . authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a. conduit on behalf of a third party to the delivery of agift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature, (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terns defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, . or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00, The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling Page 37 of 72 <J Thomas F_ Pepe, 2011-2013 AI I rights resmed_ 7/11/13/13 financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (i) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c, is obtained. c. Approval of department head required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or amember of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought bythe third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as Page 38 of 72 Q Thomas E Pepe, 2011 -2013. All rights reserved - 7/11/13/13 counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non -profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I ) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I ) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during: his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions, The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No 6 -99 -1680, § 2, 3 -2 -99) Editor's note- Ord. No. 6 -99 -1680, § 1, adopted 3.2 -99, repealed §§ 8A- I and 8A -2 in their entirety and replaced them with new §§ 8A- I and 8A -2. Former §§ 8A- I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (IA -1), 1 (IA -2) adopted Jan ..d 1, 1969 Page 39 of 72 d Thomas F. Pepe, 2011 -2013- All rights resmed 7/11113/13 NOTICE OF AWARD The City has considered the Proposal submitted by your firm for the Playground Equipment for Marshall Williamson Park in response to its advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the Playground Equipment for Marshall Williamson Park in the lump sum amount of $ , broken down as follows: Base Proposal: Alternate #I: Alternate #2: Alternate #3: You are required by the Instructions to Respondents to execute the Contract and furnish the required Performance Bond, Payment Bond, , Insurance Endorsements and Certificates of Insurance (see Proposal Submittal Checklist Form) within ten (10) day from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds, Insurance Endorsements and certificate of insurance within ten (10) calendar days from the date of this notice, the CITY shall be entitled to disqualify the Proposal, revoke the award and retain the Proposal Bond /Security.. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: Steven Alexander City Manager Dated this day of . 20 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by On this the day of —,20—. Ala TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. Page 40 of 72 J Thomas F_ Pepe, 2011 -2013. All rights reserved_ 7/11/13/13 THIS CONTRACT was made and entered into on this day of , 20, by and between ;hereafter referred to as "Contractor ", and the City of South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City ". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents. 2. The Contract Documents shall include this Contract, the General Conditions to the Contract, the drawings, plans, specifications, project manual, if any, any supplementary or special conditions; other documents referring to this contract and signed by the parties, the solicitation documents ( "hereinafter referred to as `Bid Documents ") and any documents to which these documents refer, which are made part of those documents and that are documents prepared, or adopted by reference, by the Owner, as well as any attachments or exhibits that the Owner has made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the amount of Dollars ($ .00__J, lump Sum. (Spell Dollar Mnounc on Iloe above) The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be included in the above price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 5. The Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor (all as provided for in the Contract Documents), less the retainage which is to be withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents. 6. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner. 7. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages shall be paid by the Contractor at the rate of .$400.00 dollars per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 8. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract and the Payment and Performance Bond for its faithful performance and payment, the Owner shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor, at its expense within five (5) business days after the receipt of notice from the Owner -to do so, shall furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Owner. In such event, . no further payment to the Contractor Page 41 of 72 C Thomas F. Pepe, 2011 -2013_ All rights reserved. 7/11/13/13 shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the Owner. ). No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of the work by appropriate action by the Owner and in accordance with the Contract Documents. 10. The date that this contract was "made and entered into" is the date that the last party signs this contract. The Effective Date of this contract is the date it was made and entered into or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the contract. CONTRACT made and entered into on this day of , 20, by and between 1 hereafter referred to as "Contractor ", and the City of South Miami, hereafter referred to as "Owner ", through its City Manager, hereafter referred to as "City ". IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original Contract. WITNESSES: Signature: Name: (print name of Witness) Title: (print name of Witness) AUTHENTICATION: OWNER: CITY OF SOUTH MIAMI Signature: Maria Menendez Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution thereof: Signature: City Attorney Page 42 of 72 G Thomas F. Pepe_ 2011 -2013. All rights reserved 7/11113/13 ARTICLE I —DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article shall not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is /are ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of these terms:. Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: A form approved by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to the City's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to the CONTRACTOR signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Conti-act Time issued after execution of the Contract. CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Contract Documents: The Contract Documents shall include the Contract between the Owner and the Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid,: CONTRACTOR'S Bid, the Bonds, Insurance Endorsements, Insurance policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of working days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing body. CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Contract. CONSULTANT The person identified as the CONSULTANT in the Supplementary Conditions or as designated by the CITY in writing and delivered to the CONTRACTOR. Day. A period of twenty -four hours measured from the beginning of the day at 12:01 a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty -four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Page 43 of 72 G Thomas F. Pepe. 2011-2013 All rights reserved. 7/11/13/13 Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to the City); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its obligations under the Contract Documents. Person: An individual or legal entity. Proiect: The entire construction operation being performed as delineated in the Contract Documents, Shoo Drawings All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents, Samples Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion The date, as certified by the CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list' items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by the City to be minor "punch list" work. Supplier. Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety. The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the full and faithful performance of the Contract and for the payment of all .labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an :authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Page 44 of 72 Q I homas R Pepe, 2011 -2013. All rights reserved - 7/11/13/13 Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY's Manager and the CONSULTANT. ARTICLE 2— PRELIMINARY MATTERS Award: 2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be sufficiently responsible, qualified and financial able to perform the work.In analyzing a Bid, the CITY may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed shall, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security /Performance and Payment Bond: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 111 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing to CITY the completion and performance of the Work covered in such Contract as well as full payment of all suppliers; material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 23.6. 112 Each Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100 %) of the Contract Sum. The Performance Bond shall be conditioned that CONTRACTOR shall, upon notification by CITY, correct any patent defective or faulty Work or materials which appear within one year after final completion of the Contract and shall, upon notification by CITY, correct any latent defective or faulty Work or materials which appear within five year after final completion of the Contract. 2.3.3 Pursuant to the requirements of Section 255,05(l), Florida Statutes,: CONTRACTOR shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording.. 23.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 The CITY will accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance Certificates as stipulated in Paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect Page 45 of 72 CC I homas F_ Pepe, 2011-2013 AI I rights reserved. 7/11/13/13 performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents, CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither the CITY nor the CONSULTANT shall be liable for any harm, damage or loss .suffered by CONTRACTOR as result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error, or discrepancy in the Contract. Documents, Schedule of Completion• 2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but before starting the Work at the site, a pre- construction conference shall be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions,: and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives. CONTRACTOR and its Superintendent. Qualifications of Subcontractors Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. Page 46 of 72 Thomas F. Pepe, 2011 -2013 A11 rights reserved. 7/11/13/13 ARTICLE 3— CORRELATION INTERPRETATION AND INTENT OP CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to the City shall apply 3.3 The words "furnish" and "furnish and install', "install ", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service ". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure,: providing the indicated functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 15 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. 3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem limitation exists. 3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are ;purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal', the CONTRACTOR shall use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below. 111 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and the CONSULTANT shall make the final decision as to which of the documents shall take precedence. In the event that there is a conflict between or among the Contract Documents, only the latest version shall apply and the latest version of the Contract Documents, The CONSULTANT shall use the following list of Contract Documents as guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Amendments and Change Orders (b) Addenda to Contract Page 47 of 72 C, Thomas F. Pepe, 201 1 -2013. AI I nghis resered. 7/11/13/13 (c) Contract with all Exhibits thereto (d) Supplemental Conditions (e) Special Conditions (f) General Conditions (g) Written or figured dimensions (h) Scaled dimensions (i) Drawings of a larger scale (j) Drawings of a smaller scale (k) Drawings and Specifications are to be considered complementary to each other ARTICLE 4— AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands 4.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions. 4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, . water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY/ CONSULTANT, Differing Site Conditions 4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are disturbed, notify the CITY in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.41 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the CITY, but only if done in writing signed by the City Manager or the CONSULTANT, Page 48 of 72 s7 Thomas P. Pepe, 2011 -2013. All rightsresenred. 7/11/13/13 ARTICLE 5 — INSURANCE 5.0 The Contractor shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to do business in the State of Florida as will protect the Contractor from claims as set forth below which may arise out of or result from the Contractor's operations under the Conti-act and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 5.0.1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 5.0.2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; 5.0.3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; 5.0.4 claims for damages insured by usual personal injury liability coverage; 5.0.5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; 5.0.6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; 5.0.7 claims for bodily injury or property damage arising out of completed operations; and 5.0.8 claims involving contractual liability insurance applicable to the Contractor's obligations under the Contract. Contractor's Liability Insurance: 5.1 CONTRACTOR shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 5.1.1 Worker's Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance, 5.1.2 Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Excess /Umbrella: $ 1,000,000 per claim Excess /Umbrella Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and /or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 5.1,3 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more Page 49 of 72 +G Thomas P. Pepe. 2011- 2013_AII rights reserved. 7/11/13/13 restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as fled by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non - Ownership 5.2 Before starting the Work, the CONTRACTOR shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance must remain in full force and effect for the duration of the contract period with the City. The CONTRACTOR must provide a "certified copy" of the Policy as well as providing the name, address and phone number of the agent and agency procuring the insurance. In addition, the CONTRACTOR shall deliver, at the time of delivery of the insurance certificate, an endorsement to the policy naming the City and Miami -Dade County as an additional named insured and an endorsement that requires the insurer to provide the CITY with notice, as set forth below, of modification, lapse, termination or cancellation (including cancellation for non - payment of premium) of the policy twenty (20) days prior to effective date of the modification, lapse, termination or cancellation. The notification shall be in writing and served by certified mail, with proof of deliver, on the CITY. It shall be the responsibility of the CONTRACTOR as well as the insurer to notify the City of modification, lapse, termination or cancellation of any insurance coverage or policies insuring the CONTRACTOR, which relate to the activities of such CONTRACTOR, the City of South Miami and Miami -Dade County. These endorsements shall also be reflected on the Certificate of Insurance. The CITY shall have the option, but not the duty, to pay any unpaid premium and the right to terminate or cancel the policy thereafter without notice to CONTRACTOR or liability to the City for such cancellation. 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5..1 and 5.2 above and substituting the word SUBCONTRACTOR for the word CONTRACTOR and substituting the work CONTRACTOR for CITY where applicable. Fire and Extended Coverage Insurance (Builders' Risk 5.4 In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, Fire, Extended Coverage and Vandalism & Malicious Mischief Insurance on buildings and suvctures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must at all times be at least equal to the actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. 5.5 The CONTRACTOR shall provide the CITY with satisfactory evidence certifying that the foregoing insurance is in force; and such evidence shall include provisions that the insurance shall not be canceled or materially changed until at least thirty (30) calendar days prior written notice has been given by the insurer to the CITY by certified mail. Miscellaneous: 5.6 If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during . the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. 5.7 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY covering the same. 5.8 The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City Page 50 of 72 €9 Thomas P- Pepe: 2011 -2013- All rights reserved_ 7/11/13/13 reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The Supervisor(s) shall be present at each site at all times as required 'toperform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to the CONTRACTOR'S home office). 6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These shall be available to the CONSULTANT and any CITY Representative at all reasonable times. A set of "As- Built' drawings, as well as the original Specifications, Drawings; Addenda, Modifications and Shop Drawings with .annotations, shall be made available to the City at all times and it shall be delivered to the CITY upon completion of the Project. Labor Materials and Equipment 6,2 The CONTRACTOR shall provide competent, suitably qualified .personnel to lay out the Work and perform construction as required by the Contract Documents. It shall at all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or containers with seals unbroken and labels intact, 6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Materials Equipment Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of .equal substance and function to that specified, the CONSULTANT may approve its substitution and use by the CONTRACTOR. Incidental Page 51 of 72 0 Thomas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 changes or extra component parts required to accommodate the substitute will be made by the CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute shall be .ordered or installed without the written approval of the CONSULTANT who shall be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work shall be done at the expense of the CONTRACTOR. 6.6.5 No materials or supplies for the Work shall . be purchased by the CONTRACTOR or any Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. Concerning. Subcontractors: 6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due subcontractor or other person or organization, except as may otherwise be required by Jaw. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12..1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they .shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties 6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He shall indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's Page 52 of 72 G Thomas F. Pepe, 2011-2013, All rights reserved. 7/11/13/13 fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights.. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding, However; he shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and LightiM 6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by a qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be used off temporary lighting lines without specific approval of the CONTRACTOR. Laws and Regulations 6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, it shall bear all costs arising there from; however, it shall not be its :primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. SafMand Protection: 6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. Emergencies: 611 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. Page 53 of 72 C, Thmnas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 Shoo Drawings and Samples., 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information without any unnecessary investigation. 6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR shall make any corrections required by the CONSULTANT and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop. Drawing or revisions to Shop Drawings that are fn conflict with each submission or re- submission. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and /or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order, in book or binder, in chronological order or in such other order required by the CONSULTANT in writing, by the CONTRACTOR. at the site and shall be available to the CONSULTANT. 6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has informed the CONSULTANT, in writing; to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, .nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.271 The CONTRACTOR shall be liable to the CITY for any additional cost or delay that is caused by its failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 618 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to its occupancy and he shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to the CONTRACTOR. Public Convenience and Safety: Page 54 of 72 G Thomas E Pepe, 2011 -2013. All rights reserved. 7/11/13/13 6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Sanitary Provisions 6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction, They shall commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. Indemnification: 6.32 In consideration of the separate sum of Ten ($10.00) Dollars or other valuable consideration, and unless prohibited by law, or by the terms of applicable and viable insurance policies required by the Contract Documents, of a solvent insurer whose policy covers the same matters as described herein, the CONTRACTOR shall indemnify and hold harmless the CITY and the CONSULTANT, as well as their officers,. agents and employees or any of them from and against claims, damages, losses and expenses (including but not limited to attorneys' fees) received or sustained by any person or persons during or on account of or arising out of any operations connected with the Work, but only to the extent caused in whole or in part by the negligent acts or omissions of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they are liable. This indemnification provision is cumulative with all other remedies or other indemnification provisions contained in the Contract Documents. The CONTRACTOR shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the CITY's attorneys fees and expenses in the defense of any action in law or equity brought against the City arising from either the negligent, willful, wanton or intentional error, omission, or act of the CONTRACTOR, its sub - contractor or assigns as well as all of their agents, representatives or employees, incident to, arising out of or resulting from the performance of the CONTRACTOR's professional services under this Agreement. The CONTRACTOR agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the CONTRACTOR, its sub - contractor or assigns as well as all of their agents, representatives or employees. In reviewing, approving or rejecting any submissions or acts of the CONTRACTOR, the City in no way assumes or shares responsibility or liability of the CONTRACTOR, or its sub-contractor or assigns, or any of thier agents, representatives or employees 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against CITY or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of CITY or CONSULTANT. 6.34 The obligations of the CONTRACTOR under paragraph 6,33 shall not extend to the liability of the CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.35 All of the forgoing indemnification provisions shall survive the term of the Contract to which these General Conditions area part. Indemnification shall not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors, sub - subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Page 55 of 72 G IMinias F- Pepe, 2011 -2013_ All rights resened- 7/11/13/l3 Responsibility for Connection to Existing Work: 6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of- ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions.. The CITY will be responsible for obtaining all permits necessary for the Work described in this paragraph 6,36. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments Public Utilities Etc 6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties ") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits,. poles, :guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in the performance of his Work, shall permit entrance of such third parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such third parties for their work. 6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The .CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 The CONTRACTOR shall have made itself familiar with all .codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof, Use Premises: 6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and CITY as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be fenced to protect the job site and the general public. 6.385 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be Page 56 of 72 U Thomas F_ Pepe, 2011 -2013- All rights reserved_ 7/11/13/13 furnished in strict accordance with existing governing regulations, Field offices shall include telephone facilities. Protection of Existing Property Improvements: 6.39 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7— WORK BY OTHERS 7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other contractors who are parties to such direct contracts (or the CITY, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate its Work with theirs. 7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or the CITY, the CONTRACTOR shall promptly report to the CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's Work. 7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. The CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the other contractor whose work will be affected, 7.4 If the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or others will cause the CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or shall leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, .slots, etc., are impracticable, the Work shall require specific approval of the CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing shall be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor shall coordinate their operation with those of the other Contractors for the best interest of the Work: in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination shall be the CONTRACTOR's cost, 7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to .obtain the good and /or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. Page 57 of 72 t� I'homas F. Pepe, 2011 -2013. All rights resen=ed. 7/11/13/13 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT, 8.3 The CITY shall promptly furnish the data required of them under the Contract Documents. 8.4 The CITY'S .duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for :completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONSULTANT arising out of or relating to this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing assurance for the CITY and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he shall keep the CITY informed of the progress of the Work and shall guard the CITY against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and /or interpretation it shall be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. Rejecting Defective Work: 9,5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It shall also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. In the event that the CONSULTANT requires testing of completed Work, the cost of such inspections and /or testing shall be approved in writing by the CITY. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and /or the cost to provide alternative facilities until the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work. Shop Drawings Change Orders and Payments 9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. Page 58 of 72 Thomas P. Pepe, 2011-2013 All rights reserved. 7/11/13/13 9.7 In connection with the CONSULTANT's responsibility for Change. Orders see Articles 10, 11. and 12. 9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements 9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK 10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions, deletions or revisions in or to the Work which shall only be authorized by a written Change Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the CITY MANAGER and the CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order shall result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided the CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes that any change or alteration authorized by the CONSULTANT's Field Order would entitles the CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise the CONTRACTOR shall be deemed to have waived such claim. 10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6:22 and except as provided in paragraph 102. 10.4 The CITY will execute appropriate Change Orders prepared by the .CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY before commencement of the Change Order Work. The Work shall be stopped until the CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be charged to the CONTRACTOR. ARTICLE I I — CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without changing the Contract Price. 11,2 The CITY may, at any time, without written notice to the sureties, . by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 11.2.1 Specifications (including drawings and designs); Page 59 of 72 D Thomas F_ Pepe, 2011 -2013. All rights reserred. 7/11/13/13 11.2.2 Method or manner of performance of the Work. 1 1.2.3 CITY- furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11,4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR .does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work shall be made and the Contract modified accordingly. 11.5 If the CONTRACTOR intends to assert a claim for an equitable :adjustment or contest the equitable adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to those listed in section 11.7 and 11.8. 11,6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 111 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed 15%. If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable costs, the CONTRACT shall provide list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs: necessarily incurred and paid by the CONTRACTOR in the proper performance of the .Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami -Dade County and shall include only the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY and provided it was not in any way, whether in whole or in part the result of the fault of the CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. The .CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails to timely notify the CITY of the discounts or if the CITY deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine, with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a Page 60 of 72 :0 1homas F- Pepe, 2011 -2013_ All rights reserved_ 7/11/13/13 cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be substituted for the word "CONTRACTOR ". 11.8.4 Rentals of all construction equipment and machinery, . except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof . all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11,8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 1 1:8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 1 1.9 The term Cost of the Work shall NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers; agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.93 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise .provided in Subparagraph 11.8.9). 11,9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 1 1.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15 °%). 1 I.I 1 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both .additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work, 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contractor Page 61 of 72 (A hmas F_ Pepe, 2011-2011 All rights reserved. 7/11/13/13 knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If the CONTRACTOR. shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the CITY the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the CITY for its inability to obtain full use of the Project, Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above- stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given, 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order, Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT, with final .approval by the CITY'S representative, Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sole remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule.. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages .shall be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to an extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21" day following the date of the event upon which the claim is based. ARTICLE 13 - GUARANTEE 13,1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance or from the date when the defect was first observable, whichever is later. The same guarantee and unconditional warranty shall be extend for five (5) years from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective :work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the Page 62 of 72 3 Thomas F. Pepe, 2011 -2013. All rights resened. 7/11/13/13 CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 112 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13. 1, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis for the CITY, at the CITY's option, solely for the follow -up concerning warranty compliance for all items under manufacturer's Warranty /Guarantee and for the purpose of completing all forms for Warranty /Guarantee coverage under this Contract. 114 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind, Rejection for non - conformance or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor 14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a .'purchase order ", or any other document, does not and shall not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled out and signed by the CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All progress payment applications after the first progress payment shall be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, which establishes the CITY'S title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace at its expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY shall retain ten (10 %) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit of the CITY. 14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work, If any person refuses to provide such a release or provides a conditional release, the CITY shall have the right to issue a joint check made payable to the CONTRACTOR and such person. Contractor's Warranty of Title 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, shall have passed to the CITY prior to the making of the Application for Payment, free and clear of all Page 63 of 72 C Thomas F_ Pepe, 2011 -2013. All rights resemed. 7/11/13113 liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Aooroval of Payment 14.4 The CONSULTNNTs approval of any payment requested in an Application for Payment shall constitute a representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials, or equipment has passed to the CITY free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to make payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials ". In the event that the CONTRACTOR withholds payment from a :Subcontractor or Supplier, the same amount of money shall be withheld from the CONTRACTOR's Payment until the issue is resolved by written agreement between them and then a joint check shall be made . payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the CITY until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to the CITY as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect the CITY from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with the CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions of the Work. Page 64 of 72 rJ` 1homus F_ Pepe, 2011 -2013. All rights resened- 7/11/13/13 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the .sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the CITY. 14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract. Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the CITY, shall be paid to the CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the City. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e -mail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and /or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the CITY's Finance department at (305) 663 -6343 with any questions. Acceptance of Final. Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims previously fled and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not .release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the CITY from loss if he determines; because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been .damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work . as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been fled or received, or there is reasonable evidence indicating the probable fling or receipt thereof that, if valid and paid, would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12,5 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or Page 65 of 72 C Thomas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and the :Surety seven (7) calendar days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the difference to the CITY. Such costs incurred by the CITY shall be determined by the CONSULTANT and incorporated in a Change Order. If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR shall be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not affect any rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the CITY due the CONTRACTOR shall not release the CONTRACTOR from liability. 15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience: of the CITY. In such case, the CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or Defective Work. No payment shall be made for profit for Work which has not been performed. 15.5 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and /or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, the CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR and the CONTRACTOR agrees that the CITY shall not be liable for loss or damage to such equipment or supplies. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by the CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the Contract, if the CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days notice to the CITY and the CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Consultant. 15.7 The CONTRACTOR and the CITY hereby acknowledges that the CONSULTANT, if he /she is an independent contractor, may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of the CONTRACTOR or the CITY pursuant to the terms of the Contract Documents. Therefore, the CITY and the CONTRACTOR, hereby . agree to indemnify and hold harmless the CONSULTANT as to any interpretation, de- certification of a payment application, decertification of Page 66 of 72 Thomas F. Pepe, 2011 -2013. All rights reserved. 7/11/13/13 Substantial Completion, decertification of the Final. Completion, certification of an event of default, or other action taken by the CONSULTANT pursuant to his duties as set forth in the Contract Documents. ARTICLE 16 - MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or .sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR and the CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to the CITY and CONSULTANT thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within twenty one (2 1) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OFJURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 181 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. Venue of any action to enforce the Contract shall be in Miami -Dade County, Florida. 18.3 If either the CITY or CONTRACTOR seeks to enforce the terms of the Contract by court proceedings, the prevailing party shall be entitled to recover all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. 18.4 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Contract or the breach thereof, shall be decided in court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS 191 The CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with public records laws (s. 119.0701) and the CONTRACTOR agrees to incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: a. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. Page 67 of 72 Q Ihmnas F_ Pepe, 2011 -2013_ All rights reserved. 7/11113/13 b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public .records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 - SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, beheld invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY, Personnel policies, tax responsibilities, social security and health insurance, employee benefits, .purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR. ARTICLE 22 — ASSIGNMENT 22.1 The CONTRACTOR shall not transfer or assign the performance, duties, obligations and responsibilities required by the Contract without prior written consent of the City. CONTRACTOR shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and /or delay its consent to the assignment of the CONTRACTOR's rights. The City may, in its sole discretion, allow the CONTRACTOR to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction, executes all of the Contract Documents that were required to be executed by the CONTRACTOR and provided the CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this _ day of , 20_ WITNESSES: AUTHENTICATION: Signature: Maria Menendez City Clerk CONTRACTOR: Signature: Name: Title: OWNER: CITY OF SOUTH MIAMI Signature: Steven Alexander. City Manager Page 68 of 72 0 Thomas F. Pepe, 2011 -2013- All rights reserved. 7/11/13/13 Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: City Attorney Page 69 of 72 2, Thomas P. Pepec 2011 -2013_ All rights resened- 7/11/13/13 Supplementary Conditions A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the Principal Consultant, Civil Engineer of Record, and /or City Engineer and the CONSULTANT's name, address, telephone number and facsimile number is as follows: N/A B. Termination or Substitution: Nothing herein shall prevent the CITY from terminating the services of the CONSULTANT or from substituting another "person" as defined in Article I. C. Plans for Construction: The CONTRACTOR shall be furnished four sets of Contract Documents without charge. Any additional copies required will be furnished to the Bidder at a cost to the Bidder equal to the reproduction cost. D, Grant Funding: This project will be federally assisted through the Miami -Dade County Department Housing and Community Development ( "MDCDHCD ") with Community Development Block Grant funds. This funding requires that the CITY and CONTRACTOR comply with the requirements of MDCDHCD and those requirements are more specifically described in the document title "Attachment A To Bid Package" which is attached hereto and made a part hereof by reference. The following is a summary or listing of many of the requirements and documents that govern the duty of the CITY AND CONTRACTOR: 1) As the contractor on this project you must comply with Presidential Executive Order 11246, as amended; by Executive Order 1 1375; Title VII of the Civil Rights Act of 1964 as amended; the Davis Bacon Act of 1968, as amended; the Copeland Anti- Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. 2) Note that contractor is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin, 3) This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very -low and low income persons or business owners who live in the project's area. 4) Please refer to "Attachment A To Bid Package ", Public Housing and Community Development Federal Labor Standards and Section 3 Requirements" for Federal Labor Requirements. 5) Documents, Rules, Regulations, Executive Orders, federal code, acts and other laws that are incorporated in the bid package are: a) Notice to Bidders /Prospective Contractors (s) b) Statement of Bidders Construction Experience c) Certification Receipt d) Davis -Bacon Wage Decision FL 130226 1 5/17/2013 FL226— Highway e) Federal Labor Standards Provisions (Form .HUD -4010) f) Insurance Requirements g) Provisions to be Incorporated in Construction contracts: h) Davis -Bacon Act i) Termination j) Access to Records and Retention k) Non collusion Affidavit 1) Certification Regarding Lobbying m) Affirmative Action Standards n) Certification of compliance with Part 60 -2: Affirmative Action Programs o) Other Required Certifications: F) Equal Employment Opportunity, q) Affirmative Action, r) Americans with Disabilities Act, Page 70 of 72 I hoinas F. Pepe. 2011-2013 All rights reserved 7/11/13/13 q) Affirmative Action, r) Americans with Disabilities Act, s) Copland Anti - Kickback, t) Byrd Anti - Lobbying Amendment, u) Full Disclosure by the Contractor /Bidder, v) Non - Discrimination Clause, w) Age Discrimination Act of 1974 as Amended, and x) Section 504 of the Rehabilitation Act of 1973 as Amended. y) Certification Regarding Drug Free Workplace (Grantees Other than Individuals) z) Assurance of Compliance (Section 3, HUD Act of 1968) aa) Section 3 Requirements bb) Section 3 clause cc) Bidders Initial Section 3 Goals dd) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions (Certification Document and Instructions) ee) Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO 1 1246) ff) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era gg) Equal Opportunity for Workers with Disabilities hh) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 1 1246) ii) Equal Employment Opportunity (EEO) Clause for Contractors Subject to E) 11246 jj) Certification of Nonsegregated Facilities kk) Notice to Prospective Subcontractors of Requirements for Certification on Non - Segregated Facilities II) Notice of Requirement — Clean Water, Clean Air, EO 11738 and EPA Regulations Provision mm) Certification of Compliance with Federal Regulations nn) Clean Air Act oo) Federal Water Pollution Control Act, and PIP) Lead -Based Paint Poisoning Prevention Act qq) Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient) rr) Public Entity Crimes Affidavit IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this _ day of , 20_ WITNESSES: AUTHENTICATION: Signature: Maria Menendez City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: City Attorney CONTRACTOR: Signature: Name: Title: OWNER: Signature: CITY OF SOUTH MIAMI Steven Alexander City Manager Page 71 of 72 Thomas F. Pepe, 2011 -2013- All rights reserved_ 7/11/13/13 TO: NOTICE TO PROCEED DATE: PROJECT DESCRIPTION: Playground Equipment for Marshall Williamson Park, in accordance with Plans and Contract Documents as may be prepared in whole or in part by the prime consultant and hereinafter referred to as CONSULTANT. You are hereby notified to commence Work in accordance with the Contract dated , on or before . You are to complete the work within 60 working days. The date of completion of all Work is therefore City of South Miami Steven Alexander. City Manager ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this day of , 20 BY: TITLE: Page 72 of 72 s Thomas P- Pepe, 2011 -2013. All rights reserved. 7/11/13/13 CITY OF SOUTH MIAMI .�. . ■ V l • ! ` A "PLAYGROUND EQUIPMENT FOR MARSHALL WILLIAMSON PARK" ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: City of South Miami Project Name: Marshall Williamson Park Improvements Project — Playground Equipment Project Address: 6125 SW 68 Street, South Miami, FL 33143 Prepared by: Cathrine J Lars Revised 08101/2013 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 FL130168 3 07/12/2013 FL168 - Heavy • 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 wflh 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 • Bidders Initial Section 3 Goals • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Transactions (Certification Document and Instructions) • Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with Disabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) • Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246 • Certification of Nonsegregated Facilities • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities • Notice of Requirement - Clean Water, Clean Air, EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations • 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 -3ID PACKAGE Miami -Dade County PHCD Page 2 This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act of 1968, as amended; the Copeland Anti - Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the project) 2- NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR (S) [CDBG] Miami -Dade County PHCD 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 nece- ,add separate sheets for items marked 1. Prime Contractor: L) )nn _ vef�.c, y, <o n�� « <. 2. Prime Contractor Address:3\_��„ 3. Name of each principal officer of corporation, partner, firm or individual: 4. Gender and Ethnicity of Principals:A 5. Company Qualifier: c 6. Years in Business: T U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax /return, U.S. Treasury Department. License Number.3Wl' State: 8. Contractor's Certification Categories:hU 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) 10. Contractor's on -going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? If so, where and Why? Page 1 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County PHCD Page 4 MAJOR PROJECTS COMPLETED IN LAST FIVE YEARS Payne Park Playground Location — 579 Payne Parkway, Sarasota, FL 34237 Contract Amount - $613,417.15 Owner — City of Sarasota Architect — DWJA Landscape Architects General Contractor — Advanced Recreational Concepts Contact— Neil Gaines, City of Sarasota Phone Number - (941) 365 -2200 x 6309 Informal Bid with other Playground Manufacturers bidding Job Completed — August 2012 Thornby Park All Inclusive Playground Location - 110 Providence Blvd, Deltona, FL 32725 Contract Amount - $273,861.86 Owner —City of Deltona Architect — DRMP, Inc. General Contractor — Advanced Recreational Concepts Contact —Steve Moore, City of Deltona Phone Number - (386) 878 -8902 Informal Bid with other Playground Manufacturers bidding Job Completed— December 2010 Max K. Rhodes Park Location - 3410 Flanagan Ave., West Melbourne, FL 32904 Contract Amount - $208,861.57 Owner — Brevard County Parks and Recreation Architect — PBS &1 General Contractor — Advanced Recreational Concepts Contact — Dave Moore, Brevard County Parks and Recreation Phone Number —(321) 255 -4400 Negotiated Contract Job Completed — March 2011 Doral Dog Park Playground Location - 11645 NW 50th St., Doral, FL 33178 Contract Amount - $217,644.25 Owner —City of Dural Architect — AECOM General Contractor —Link Construction Group, Inc. Contact - Albert Santelices, City of Doral Phone Number- (305) 665 -9826 x 233 Formal Bid negotiated with City, General Contractor and Architect Job Completed —June 2012 Westview K -8 School Location - 5270 Connie Jean Road, Jacksonville, FL 32222 Contract Amount - $195,803.17 Owner— Duval County Public Schools Architect — JSA Architects General Contractor — Ajax Building Corp. Contact — Cheryl Thompson, Duval County Public Schools Phone Number - (904) 390 -2532 Negotiated Contract Job Completed —July 2011 12. Have you ever defaulted on a Contract? 0() 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 methoys? "14. a) The undersii other information Economic Devel( (initials) The Bidder pfomiser (agency name) and I received, whether at 15. The Bidder authori; to act on a copy of a detailed financial statement and furnish any red by Miami -Dade Office of Community and ndemnify and hold harmless thc&A County with regard to any disclosures or information ratioo,of on appeal. f, firm corporation, organization or governmental unit financial statement. (initial L 17. The unders' ned her by u rizes and requests any person, firm, corporation, or governmental uni t fur is ny information requested by the A (J ." (name of agency) in ver at io the recitals comprising this statement of bidder's experience SUBSCRIBED AND SWORN TO (or affirmed) before me one Date BY � He /She is personally known to me or has presented (Affiant) -- _ as identification. (Type Zy)i ntification) (Signature ofdJot (Seria l Number) Cl~ 0 (Print or Stamp Name of Notary) (Expiration Date) (' _A� ������ G•MG`� , �_ - (.L. hlota xo�lay nb4fA Notary Punllc state of Flonda Notary Seal Tamara l- Qriiz Publi a Cummlaalon EEO23581 vy or floe t��3)ogf2014 Page 2 of 2 3� STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County PHCD Page 5 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project Marshall Williamson Park Improvements Project — Playground Eguipment jName 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 FL130168 3 07/12/2013 FL168- Heavv that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD -4010 and those requirements contained in Wage General Decision Number FL130168 3 07/12/2013 FL168 — UpAyy for this project. Full Address (including City, ST and Zip) and Email Address Authorized Signature: Check one, as applicable: Contractor Subcontractor Other' Title: 4 -CERTIFICATION RECEIPT Miami -Dade County PHCD Name: ;(Agency Full Address (including City, ST and Zip) and Email Address Authorized Signature: Check one, as applicable: Contractor Subcontractor Other' Title: 4 -CERTIFICATION RECEIPT Miami -Dade County PHCD Page 1 of 5 General Decision Number: PL130168 07/12/2013 FL168 Superseded General Decision Number: FL20120168 State: Florida Construction Type: Heavy County: Miami -Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number 0 1 2 3 Publication Date 01/04/2013 04/05/2013 05/17/2013 07/12/2013 * ELEC0349 -007 09/05/2011 Rates Fringes ELECTRICIAN Total value of Electrical work on Project including materials over $2,000,000...$ 30.11 8.96 Total value of Electrical work on Project including materials under $2,000,000..$ 27.15 8.6d --------------------------------------------------------- ENGI0487 -017 01/16/2010 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) ....................$ 27.57 8.78 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators); Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler /Apprentice); Hydro /Friction Cranes without Oiler /Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck ..................$ 28.30 8.78 http://wdol.gov/wdol/scafiles/davisbacon/FL]68.dvb?v=3 8/1/2013 Page 2 of 5 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler /Apprentice); Boom Truck .......................$ 27.57 OPERATOR: Drill .................$ 25.05 OPERATOR: Loader ................$ 24.89 OPERATOR: Oiler .................$ 22.24 IRON0272 -005 10/01/2011 Rates IRONWORKER, STRUCTURAL ........... $ 23.94 LABO1652 -004 05/01/2011 8.78 8.7B 8.78 8.78 Fringes 5.93 http:// wdol. gov/ wdol/ scafiles /davisbacon/FL168.dvb ?v =3 8/1/2013 Rates Fringes LABORER: Grade Checker .......... $ 14.50 4.67 ---------------------------------------------------------- PAIN0365 -007 09/01/2011 Rates Fringes PAINTER: Brush, Roller and Spray ............................$ 19.50 7.93 SUFL2009 -164 06/24/2009 Rates Fringes CARPENTER, Includes Form Work .... $ 17.00 2.51 CEMENT MASON /CONCRETE FINISHER ... $ 16.61 5.52 LABORER: Common or General ...... $ 13.09 1.26 LABORER: Landscape ..............$ 7.25 0.00 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws Only ) ............................$ 10.63 2.20 OPERATOR: Asphalt Paver ......... $ 11.59 0.00 OPERATOR: Backhoe Loader Combo ............................$ 16.10 2.44 OPERATOR: Bulldozer .............$ 14.95 0.81 OPERATOR: Excavator .............$ 21.16 1.67 OPERATOR: Grader/Blade .......... $ 16.00 2.84 OPERATOR: Mechanic ..............$ 14.32 0.00 http:// wdol. gov/ wdol/ scafiles /davisbacon/FL168.dvb ?v =3 8/1/2013 Page 3 of 5 OPERATOR: Roller ................$ 10.95 0.00 OPERATOR: Scraper ...............$ 11.00 1.74 OPERATOR: Trackhoe ..............$ 20.92 5.50 OPERATOR: Tractor ...............$ 10.54 0.00 TRUCK DRIVER, Includes Dump Truck ............................$ 9.60 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 12.73 0.00 TRUCK DRIVER: Off the Road Truck ............................$ 12.21 1.97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non - union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SO" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 01.98. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. http: // wdol. gov/ wdol/ scafiles /davisbacon/rL168,dvb ?v =3 8/1/2013 Page 4 of 5 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2009 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor http: // wdol. gov/ wdol/ scafiles /davisbacon/FL168.dvb ?v =3 8/1/2013 Page 5 of 5 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers . relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:// wdol. gov/ wdol/ scafiles /davisbacon/FL168.dvb ?v =3 8/1/2013 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. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 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)ov); also, regular contributions made or costs incurred for more than a weekly period (but not less often [ban 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 5.6(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. (if) (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 She 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: (if!) 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 HUD4010 (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 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 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 dot gov/esa/whd /forms /wh347insfr htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Its designee if the agency is 'a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, . as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an 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: (t) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5:5(a}(3)(i), and that such information is correct and complete; Page 2 of 6 of Handbook 1344. (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.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor falls 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 or 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 tabor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a Slate 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 t ate who worker listed on a payroll at an appren it is not registered or otherwise employed as stated above, shall be paid not Is" 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 aoceptable program is approved. (it) Trainees. Except as provided in 29 CFR 510, trainees will not be permitted to work at less than the predetermined isle 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 an r , Previous editions are obsolete form HUD4010 (06/2009) 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. (lit) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 28 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 i 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. (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 it) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. 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 Safely 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 Slat 96). 40 USC 3701 at 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 lake 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 HUD4D10 (06/2009) Page 5 of 5 ref. Handbook 1344.1 III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A, M, Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk" which may be dropped after substantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk ", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. V. Cancellation of any insurance or bonds, or non - payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. Page 2 of 2 6- INSURANCE REQUIREMENTS Miami -Dade County PHCD w r 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 FL130168 3 07/12/2013 FL168 — HEAVY or this project." E. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provisions for termination are as follows: 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 /Owne� determines that it would be in the best interest of the Principal Contractor /Owner a the Public Housing and Community Development (PHCD). Said notice shall �e delivered by certified mail, return receipt requested, or in person with proof of delive , Page 1 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami -Dade County PHCD Page 9 2. Termination for Convenience The Principal Contractor /Owner may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. The Principal Contractor /Owner, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this contract. The Principal Contractor /Owner shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The Principal Contractor /Owner shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short -fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, the Principal Contractor /Owner may terminate this contract upon no less than twenty -four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Principal Contractor /Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor /Owner may at its discretion terminate, renegotiate and /or adjust the contract award whichever is in the best interest of the Principal Contractor /Owner. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor /Owner through Board of County Commissioners' action, the Principal Contractor /Owner may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor /Owner may terminate this contract, in whole or in part, when the Principal Contractor /Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor /Owner in writing, the Principal Contractor /Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty -four (24) hours' notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver any other breach and shall not be construed to be a modification of the terms of ti contract. The provisions herein do not limit the Principal Contractor's /Owner's right legal or equitable remedies. Page 2 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS .Miami -Dade County PHCD Page 10 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami -Dade Public Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Page 3 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami -Dade County PHCD Page 11 NONCOLLUSION AFFIDAVIT STATE OF: _��}i^' < \\ COUNTY OF: Y 1 Q\ C'rc L0 L"v I� , being first duly sworn, deposes and says that; (1) He /she of n n t tt �, the Bidder that has submits ttaached 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 conf9refice with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid e or the \Bid price of any other Bidder, or to secure through advan age ag inst the ( pric �c` >_ C �,U,� �� (Local Public Agency) /androp son nteres d in the pro osed Contract; and l (5) The price or prices quoted in the attached Bid are fair and re not tainted by any coll usion, conspiracy, connivance or unlawful agree art of the Bidder or any of its agents, representatives, owners, employees nterest, including this affiant. (SIGNED) Subscribed and sworn to before me this aL,_ day o L� - 20-L'— My commission expires: Title 8 - NONCOLLUSION AFFIDAVIT Miami -Dade County PHCD Page 12 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 LPL, `Disclosure Form to Report Lobbying," in accordance with its instructions. 1 The undersigned shall require that the documents for all subawards at all tiers grants, loans, and cooperative agreer shall certify and disclose acc rdjngly.` which reliance was placed ep this tr certification is a prerequi to or makir 1352, title 31, U.S. Code A,y pefso� to a civil penalty of not l s hanf ,$10,0( By: X_ Print: Title: Date: Busi mg age of this certification be included in the award )eluding subcontracts, subgrants, and contracts under nt in excess of $100,000) and that all subrecipients s certification is a material representation of fact upon section was made or entered into. Submission of this /or entering into this transaction imposed by section to fails to file the required certification shall be subject and not more than $100,000 for each such failure. 1 Hess Address: C`(A f 9 - CERI "IFICATION REGARDING LOBBYING Miami -Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 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. 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. 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 rn j have taken. / Page i of 5 10 - AFFIRMA71VE ACTION STANDARDS Miami -Dade County PHCD Page 14 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. A. 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 th� contractor meet its EEO obligations. Page 2 of 5 10 - AFFIRMATIVE ACTION STANDARDS Miami -Dade County PHCD Page 15 Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on -site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. To Demonstrate Compliance: Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow -up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and 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 10 - AFFIRMATIVE ACTION STANDARDS Miami -Dade County PHCD To Demonstrate Compliance: Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written and oral) with minority and women employees requesting their assistance in recruiting other minorities and women, and record results. If contractors normally provide after - school, summer, and vacation employment, it must have copies of letters to organizations under Item 9 describing those opportunities and must have responses received and results noted on letters or in a follow - up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60 -3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on -the -job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12, above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e) the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single -user toilets and necessary changing facilities to assure privacy between the sexes. Page. 4 of 5 10 - AFFIRMATIVE. ACTION STANDARDS Miami -Dade County PHOD 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 10 - AFFIRMATIVE ACTION STANDARDS Miami -Dade County PHCD Page 18 CERTIFICATION OF COMPLIANCE WITH PART 60 -2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has (x) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not (�) developed a written affirmative action compliance program for each of his establishments; that he has ( ) has not (�), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and /or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Agency Name::' Employer ID # /FID #: \ Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Y\ Contractor Subcontractor Other 11 - CERTIFICATION OF COMPLIANCE WITH PART60-2 AFFIRMATIVE ACTION PROGRAMS Miami -Dade County PHCD OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has '�X , has not participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has �, has not — filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) B. AFFIRMATIVE ACTION The bidder represents that (a) it has _ developed and has on file, has not X developed and does not have on file, at each establishment an affirmative action program as required Ply the rules and regulation of the Secretary of Labor (41 CFR 60 -1 and 60 -2), or (b) it has not% previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI - KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti- Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1 of 3 12 - OTHER CERTIFICATIONS Miami -Dade County PHCD Page 20 E. BYRD ANTI - LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has 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 bmissi n, of an O�the dder certifies that it has provided full disclosure in writing to yi (name of implementing agency) whether as of the antic ated time 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 s lected contractor certifies that it has made full disclosure in writing to oy S D �- (name of implementing agency) as to whether as of the time of a and 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 Miami -Dade County PHCD Page 21 H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non - discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non- discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Agency Name: _ Employer ID # /FID #: Full Address (including City, ST and Zip) Authorized Signature: ((Print Name: Title: _ Check one, as applicable: Contractor Subcontractor Other Page 3 of 3 12 - OTHER CERTIFICATIONS Miami -Dade County PHCD CERTIFICATION REGARDING DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13- CERTIFICATION REGARDING DRUG -FREE WORKPLACE Page 23 Miami -Dade County PHCD (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Agency Name:: n (� \ Eymploye�r/ ID # /FID #: Full Address (including City, ST and Zip) Authorized Signature: (Print Name: Check one, as applicable: Contractor Subcontractor Other Title: Page 2. 02 13 - CERTIFICATION REGARDING DRUG -FREE WORKPLACE 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 f (fill these requirements shall subject the (applicant) (recipient), its contractors and subcont §ctors, its successors, and assigns to the sanctions specified by the (contract) (agree / / e17t),, and to such sanctions as are specified by 24 CFR Section 135 7 / APPLICANT: SIGNA ADDRESS: DATE: ] 3 14 - ASSURANCE OF COMPLIANCE (Section 3, HUD AGF of 1968) Miami-Dade County PHCD rage zD 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. 11. 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 estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and /or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide prior to the signing of the contract a preliminary statement of work force needs (skilled, semi - skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids sh ti advise prospective contractors of the requirements of these regulations. 7/ Page 5 of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County PHCD Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have anv questions regarding Section 3 please contact Penelope Bivins, Resident Services Coordinator Public Housing and Community Development 701 NW 1s' Court, 161h Floor Miami, Florida 33136 Office: 786 -469 -4133 Email: Section3(amiamidade gov Page 2 of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County PHCD Page 27 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. R 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. 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. r 16 - SECTION 3 CLAUSE WaMkDade County PHCD I . The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees, the Bidder plans to hire at leastpercent ( %) from the Section 3 Covered Area (Dade County, Florida). 4. The Bidder estimates that - )_percent ( %) of those materials purchased for use on this project will be from business located in the Section 3 Covered Area (Dade County, Florida) I, 1?' ", 1_11, �_cu � C ( (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami -Dade County Public Housing and Community Development. Agency Name: Employer ID # /FID #: (11S �C,�Y�: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: Contractor Subcontractor Other Title: E: rr = 17 - BIDDER'S INITIAL SECTION 3 GOALS Miami -Dade County PHCD Page 29 DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 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 transaction, participant, person, primary and voluntarily excluded, as used in this Definitions and Coverage sections of rul You may contact the person to which th obtaining a copy of those regulations. suspended, ineligible, lower tier covered covered transaction, principal, proposal clause, have the meanings set out in the Ds implementing Executive Order 12549. s proposal is submitted for assistance in 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. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. Page 1 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION, LOWER TIERED COVERED TRANSACTIONS Miami -Dade County PNCD 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 coveted transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 2 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Miami -Dade County PHCD Page 31 REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY VOLUNTARY EXCLUSION — LOWER TIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, that: ME 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. Z Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: ` Employer ID # /`FIDI #: I Full Address (including City, ST and Zip) 3�1 C Authorized Signature: Print Name: ql;leck one, as applicable: Contractor Subcontractor Other Title: Page 3 of 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Miami -Dade County PHCD Page 32 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of 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. Agency Name: \ (� Full Address (including City, ST and Zip) Authorized Signature: Print Name: j/6CA A (O ti _o Check one, as applicable: Contractor Subcontractor Other Employer ID # /FID #: Title: W4 19 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 33 EQUAL OPPORTUNITY O. DISABLED VETERANS AND VETERANS OF -. I ) 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 ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non- veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page i of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami -Dade County PHCD %no"M 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 he longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full -time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b) who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 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 PHCD 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance. Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) 0 t 1 Authorized Signature: Print Name: Check one, as applicable: Contractor Subcontractor Other Title: Page 3 o13 20 -EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami -Dade County PHCD Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: X. Recruitment, advertising, and job application procedures; xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of 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 7 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County PHCD Page 37 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10;000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance Agency Name: ( ` Employer ID # /FID #: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Check one, as applicable: Contractor Subcontractor Other Page 2 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County PHCD NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60 -4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Ofteror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as follows: A. GOALS FOR MINORITY UTILIZATION, All Trades: Area Covered: Dade County, Florida Goals and Timetables Timetable Trade Goal Until Further Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables " Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Initials Page 1 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE, ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 39 The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours- performed. 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 Miarni -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 PHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and bythe rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; 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 11246) Miami -Dade County PHCD Page 41 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. C. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic (ail persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). - Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. f Page 4 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11245) Miami -Dade County PHCD 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 / implement affirmative action steps at least as extensive as the following: 7 Page 5 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11240) Miami -Dade County PHCD Page 43 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and ocher on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individual working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. 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. 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. n , Page 6 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUT VE ORDER 11246) Miami -Dade County PHCD f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 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. 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 obligation to do so under 41 CFR Part 60 -3. Page 7 of 10 22- NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 45 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. 8. Contractors are encouraged to participate involuntary 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 6 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County P14CD 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 taborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Record shall be maintained in an easily understandable and retrievable form; howeve , to the degree that existing records satisfy this requirement, contractors shall n t be required to maintain separate records. Page s of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMEN I OPPORTUNITY (EXECUTIVE ORDER 11246) MiamFDade County PHCD Page 47 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 10 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD 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. 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. 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 7 of 2 23 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami -Dade County PHCD Page 49 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non - discrimination clauses of this contract or with any of such rules, regulations; or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a me � ns f enforcing such provisions including sanctions for noncompliance. Pr VYntc, { he ever, that in the event the contract becomes involved in, or threatR(itig d witiga on with a subcontractor or vendor as a result of such direction by thonj�g gency, the contractor may request the United States to enter into suc ti rotect the interests of the United States. By: . Print: Title: Date: Business Address: AL Page 2 of 2 23 - EOUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami -Dade County PHCD 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. 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 perform9rfde of the Contract work, the selected contractor certifies to the Nonsegre ated Facilities provisions above. Note: The penalty for 1001 , Title: statements in offers is prescribed in 18 U.S.C. Date: Business Address: «{ Y Page 51 24 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 (Agency Name: Employer ID #(FID #: Full Address (including City, ST and Zip) Authorized Signature: 4Y Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 25 -NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami -Dade County PHCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 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 of seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has 0, has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c -8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 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 nonexern s b -c tract and that the Contractor will take such action as the Governm nt ray, direct as a means of enforcing such provisions. Name of 9 • 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 _of4he Environmental Protection Agency. Name of Signature Official Address (in lading Z Code) 27 - CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Miami -Dade County PHCD W m l . ,•r 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 67510- 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 public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is un�b e t certify to any of the statements in this certification, he or she�all �t ach aq explanation to this application. Date Official Address (inc)4ding Zi Code) 28 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Page 55 Miami -Dade County PHCD SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by For (Print individuays name and title) (Print name of entity submitting sworn statement) whose business and if applicable its Federal Employer Identification Number (FEIN) 4L) If 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 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 Page 1 of 3 29 - PUBLIC. ENTITIY CRIMES AFFIDAVIT Miami -Dade County PHCD Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 of 3 29 - PUBLIC ENTITIY CRIMES AFFIDAVIT Miami -Dade County PHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUI D TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN E ESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORID �%S AT . ES F R A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINE9IN �HI FORM. (Signature) Sworn to and subscribed before me this day of 0 ll�jv 20. Personally known Or produced identification (Type of identification) Notary Public -State of �6 AK My commission expire--4 ._,— ,_(Frinted. typed or sta pep_¢orr name of notary public) $ow > °Y r`L�� Nolary Public Stato o/ Florida Tamara L Ortiz �r� , v My Cammfaslon Et2023581 `for lid EXPIMS 09/09!2014 y Page 3 of 3 29 - PUBLIC ENTITIY CRIMES AFPIDAVI r Miami -Dade County PHCD CITY OF SOUTH MIAMI I 1' "BOUNDARY SURVEY FOR MARSHALL WILLIAMSON PARK" F j-;' IM^PKM & ASSOCIATI lip r loo(Dee SOD 0 ID 0 a Jl` I-A j-;' IM^PKM & ASSOCIATI lip r loo(Dee SOD 0 ID 0 a Customer Phone Customer Fax County Miami Dade Ship To Marshall Williamson Park 6125 SW 68th St. South Miami, FL 33143 Advanced Recreational Concepts, LLC Melbourne, FL 32934 Toll Free - 1. 866 - 957- 2355 /Toll Free Fax - 1- 866 - 957 -2356 Date 8/28/2013 Quotation # 14014 Prepared By Allen Cooke - 2K Payment Terms Net 30 Prices Valid Until '9/27/2013 Project Name RFP #PR2013 -08 Product ID Description qty Price Total Removal and Removal and Disposal of Playground Equipment, Rubber Mulch, EPDM 1 8,500.00 8,500.00 Disposal and Correlating Concrete - PRICING INCLUDES ORANGE FENCING AROUND SITE - CONCRETE CURBING TO REMAIN AS BORDER SYSTEM 5.12 PLAY STRUCTURES B6600A Playcraft Systems Custom Round 3.5" Hybrid Play System 1 27,257.00 27,257.00T PC -2475 Playcraft Systems Stand N Spin 1 1,185.00 1,185.00T 2.5 PLAY STRUCTURES 41F3DA Playcraft Systems Custom Round 3.5" Play System 1 13,133.00 13,133.00T Freight Freight Charges 1 4,725.00 4,725.00 THIS IS AN ESTIMATE ONLY. Due to the volatile nature of the O.00T transportation industry, freight charges may be re- quoted at the time of order. Installation Installation of Above Noted Play Structures 1 16,000.00 16,000.00T Filter Fabric Supply, Delivery and Installation of Filter Fabric to Cover an Area of 1 1,942.50 1,942.50T 4850 sq. ft. Wood Mulch Supply, Delivery and Installation of ADA Wood Mulch to Cover an Area 1 13,475.00 13,475.00T of 245 cu. yds. at a Depth of 12" Plans Florida Signed and Sealed Playground Drawings 1 500.00 500.00T Signature Print Name /Title Date Subtotal Sales Tax (0.0 %) Total P.O. # Upon acceptance of this proposal please sign aboyygg9d initial the 'ARC Site Preparation Check List' and the'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. Advanced Recreational Concepts, LLC Melbourne, FL 32934 Toll Free -1- 866. 957. 2355 /Toll Free Fax -1 -866- 957 -2356 Prepared For City Clerk Date 8 /28/2013 Organization City of South Miami - City Hall Quotation # 14014 250.00 6130 Sunset Dr. Prepared By Allen Cooke - ZK South Miami, FL 33143 Payment Terms Net 30 Customer Phone Prices Valid Until 9/27/2013 Customer Fax testings or documentation be required - such as soil bearings, site Project Name RFP #PR2013.08 County Miami Dade drawings or surveys and so forth, costs associated with them will be Ship To Marshall Williamson Park 6125 SW 68th St. South Miami, FL 33143 Product ID Description Qty Price Total Permit Permitting and administration - Note that this includes submission of 1 250.00 250.00 documentation either specified and included in this proposal, such as engineered drawings or provided by the owner - should any additional testings or documentation be required - such as soil bearings, site drawings or surveys and so forth, costs associated with them will be the responsibility of the owner. PERMIT FEES TO BE WAIVED BY CITY DISCOUNT DISCOUNT ON ENTIRE PROPOSAL 1 - 6,417.50 - 6,417.50T Bond 100% Payment and Performance Bond - $80,550.00 Contract Value 1 2,450.00 2,450.00T Subtotal $83,000.00 Sales Tax (0.0 %) $0.00 Total $83,000.00 Signature Print Name /Title Date P.O. # Upon acceptance of this proposal please sign aboffy(9 gi�d initial the'ARC Site Preparation Check List' and the 'ARC General Terms and Conditions' exhibits attached. Please return initialed copies to ARC. 4w� w 0 w x� w w ° a V..P ryp 30 p r mom Ewa' u o 0 ${ U�tw o � Fwg woO N O `zwp a O pU' O V K LL -w0 j V F UK.NOw lQQ'JoowoN U w =U' � r Qm,Qw o_ u a r � N QLL,oa ° y rc X N w o Qzw� ��w O oz�m pfd o °d 0Nd' w'n O �aN -0 ��`. O m£o4Vd F- p O 0 ¢ 0 0 C= V) U) i w N E = U lyzo�¢ Uwa='w I C °z 0 w UYi�� Qrraw CO 7 C p p :n f z � u J z Y/ D. 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ISO, IPEMA, CPSIA, Safety and Accessibility Compliance Dear Customer: Krauss Craft, Inc., manufacturer of Playcraft Systems commercial playground equipment, is pleased to announce that we are in full compliance with the applicable requirements of the Consumer Products Safety Improvement Act of 2008 (CPSIA). A certificate of conformity will be included with each play structure we manufacture. In addition, our products meet or exceed the design and safety guidelines found in the ASTM F1487 -07 and USCPSC publications for playground equipment designed for public use. Krauss Craft, Inc. is a member of the International Play Equipment Manufacturers Association (IPEMA), a member - driven organization whose mission is to assist in providing safe environments for children's play and we manufacture IPEMA certified products. We have a ISO Compliant Quality Management System for 9001 and 14001 (see attached content summary for our QMS) and we back our products with one of the most comprehensive warranties in the industry. We also offer a wide range of accessible equipment designed to meet the latest guidelines developed by the Federal Access Board, the Architectural and Transportation Barriers Compliance Board, and those specified in the Americans with Disabilities Act regarding playground equipment. If you should have any questions or need any further information, please do not hesitate to call. Sincerely, GS. qA- C.J. Schatza, Controller PLAY 123 North Valley Drive • Grants Pass, OR 97526 1- 800 -333 -8519 • Phone: 15411 955 -9199 • Fax: (541) 955.6130 info *krausscrohinc.com a www.krousscrohinc.com Playeraft Playground Equipment is designed and built with confidence and backed by a Warranty that reflects the superior quality of our products! Extra Thick Powder Coatings Playeraft Playground Equipment is designed and built with confidence. We double coat all steel and aluminum components for an average coating thickness of 11 mils, ensuring a long lasting lustrous finish that will stand the test of time and play in the most demanding environments. State -of -the -Art King - ClampTM System Our patented King - ClampTM mounting and clamping system utilizes super- strong precision die -cast aluminum components and reduces or eliminates clamp stacking by allowing the attachment of multiple components on single collar. Advanced Plastic Components r Color - compounded resins and manufacturing expertise ensure greater strength and durability, superior color- fastness and U.V. resistance in all of our rotationally molded plastic products and components. 4 Stainless Steel Hardware Krauss Craft offers one of the largest and most innovative selections of custom hardware and backs up every last stainless -steel bolt with a lifetime warranty! Heavy -duty, Perforated Steel Decks Our state-of-the-art perforated steel decks are the best in the industry! Featuring a sturdy design with an extra thick slip - resistant and resilient Play- Tuffrm coating, our mt decks stand the test of time and play. Precision Die -Cast Aluminum Components We use more precision die -cast aluminum components in our playground equipment than anyone in the industry. Die -cast aluminum components offer a combination of , °• versatility, strength and durability for years of trouble- free play. All aluminum r components receive the same high quality finish as described below. Superior Fit & Finish i Our steel components are precision welded, hand - cleaned, sandblasted, phosphate z washed and sealed thoroughly in a multi -stage bath, then powder - coated using our -f� exclusive two -coat process. This yields an average powder- coat thickness of 11 mils and gives our steel components a lustrous beautiful sheen and a highly durable finish. J34 4 A 64, ;s E# "vfi, aaad 6 6 Color Schemes Choosing the right colors for your play system is an important step and our highly trained Playcraft Representatives are always available to help you make the right choice. Choose from any of our popular color schemes shown here, create your own by choosing from our standard colors or contact your local Playcraft Representative for assistance. Yellow Primary ?� Roto- Molded Plastic 'k Posts HDPE - Panel Face Collars /Clamps HOPE - Core /Accent Steel Walls /Rails HOPE Walls Decks Red Primary Roto - Molded Plastic - Posts HOPE - Panel Face (` Collars /Clamps HOPE, Core /Accent hn`r,'; Steel Walls /Rails ` HOPE Walls Decks Blue Primary Roto- Mottled Plastic r.Posts HDPE - Panel Face Collars /Clamps .;:HOPE - Core /Accent Steel Walls /Rails .HOPE Walls Decks Nature Roto- Molded Plastic Posts HOPE -Panel Face Collars/Clamps HOPE - Core /Accent `H'SH Steel Walls /Rails HOPE Walls „_. Decks Earth Roto- Molded Plastic Posts 'i HOPE - Panel Face Collars /Clamps HOPE - Core /Accent S Steel Walls/Rails HOPE Walls Decks Forest H{b Roto- Molded Plastic Posts +, HOPE - Panel Face f5 CollarslClamps s HOPE - Core /Accent Steel Walls /Rails HOPE Walls Decks Contemporary d Roto- Molded Plastic yPosts HOPE - Panel Face Collars /Clamps HOPE - Core /Accent Steel Walls /Rails HOPE Walls Decks Jester Roto- Molded Plastic Posts HOPE - Panel Face Collars /Clamps {,t> HOPE - Core /Accent ? Steel Walls /Rails -.HOPE Wails = Decks Patriotic Roto- Molded Plastic Posts HOPE - Panel Face Collars /Clamps HOPE - Core /Accent 'Steel Walls /Rails .'HOPE Walls Decks Sporty Roto - Molded Plastic Posts HOPE - Panel Face r;;, - Collars /Clamps HOPE - Core /ACCent Fib Steel Walls/Rails HOPE Walls f Decks Festive k.Roto- Molded Plastic Posts ash HOPE - Panel Face .l Collars /Clamps :.HOPE - Core/Accent Steel Walls /Rails '' .HOPE Walls LP§, Decks Oceanside Roto - Molded Plastic J Posts q; HDPE - Panel Face ii )Collars /Clamps s HOPE - Core /Accent ',;E Steel Walls /Rails y"} HOPE Walls Decks Colors Colors are an integral part of any playground environment. Good use of color can inspire the imagination, encourage vigorous play, and set the tone for interaction and socialization, From our rich, glossy powder -coat finishes, to our vibrant and durable plastics and Play -TuffM coatings, it is our manufacturing expertise blended with the highest quality colorants and materials that make our products the finest in the industry. Powder Coatings Steel Posts, Rails, Wall Barriers, Climbers, Traverses, etc. All Playcraft steel components go through an extensive multi -stage powder- coating process that yields a highly durable and lasting protective finish, • Safe, lead -free coating • Extremely durable, weather -proof finish • Enhanced impact and corrosion resistance • Rich, glossy finish • Extra thick coatings (avg. thickness: 11 mils) • Custom colors available for an upcharge Roto- Molded Plastics Slides, Roofs, Erector RocksT"', Lily Pads, etc. Like a good jelly bean, our colors go all the way through! Playcraft slides, panels, roofs, and other plastic components are molded using hot - blended color compounded resins that stay bright and colorful even after years of wear. • Hot - blended color compounded resins guarantee vibrant, uniform colors • Made from specially formulated plastics designed to withstand harsh ultraviolet exposure for superior fade resistance Thicker walls ensure superior impact- resistance Surfaces never too hot or too cold to the touch Custom colors available for an upcharge HPPE Sheet Plastics Activity Panels, Panel PaISVA, Round -3.5 Wall Barriers, etc. Our hot - extruded high density polyethylene sheet plastic is available in solid and layered colors for one or two -color component design opportunities. • Extremely durable and colorful • Impact and vandal resistant • Ideal for personalized or custom projects Available layered colors: Blue- White -Blue Tan - Green -Tan Blue-Yellow -Blue Red -White -Red Tan - Brown -Tan NEW! Yellow - Black - Yellow Black- White -Black Yellow- Red - Yellow Gray -Black -Gray Tan -Blue -Tan Red - Yellow -Red Green-Tan -Green Tan - Red -Tan Yellow -Blue- Yellow Net Cable Colors Playcraft Net Cables are made from tightly woven, nylon - wrapped, multi- strand galvanized steel cable. These high density, abrasion resistant cables are specifically made for playground use. Net Cable Connector Colors Available in Red and Black. Additional colors may be special ordered. Call to check for availability. IMPORTANT: The colors shown are for illustration purposes only. Actual colors may vary. Contact your Playcraft Rep for accurate color samples. White Gray grown Black '"rc �L Yellow Orange Red Gray (Granite) Purple Sand (Granite) Tan Light Gray Black Blue Black illl d Play- TuffTM` Coatings Decks, Steps, Bridges, Bench and Table Tops, etc. Krauss Craft uses an in -house state -of- the -art Play -TuffTe (plastisol) coating process that offers unmatched protection for our perforated steel decks, steps, and select steel components. Play- TuffT"^ standard colors are Blue, Red, Green, Brown and Tan. Specially formulated textured coating for superior resilience and slip- resistance Extra thick, durable coating (80 -100 mils) Provides a protective cushion that protects small hands and feet Thermoplastic Coatings Climber and Erector Rock TM Grips and Decks Our Thermoplastic Polyethylene coating is a environmentally responsible alternative to PVC coatings, Thermoplastic standard colors are Blue, Green, Red and Brown. Thermoplastic Deck coating available in Brown only. Swing Seat Colors Belt and Bucket Seats • Slash Proof Seats are constructed from durable elastomer and come in Black, Red, Blue, Green, Yellow Roto - molded Plastic Tire • Available in Red, Blue, Green and Yellow Roto- molded Inclusive Swing Seat • Available in all roto- molded plastic colors Vinyl Chain Coating Colors Swing Chains • Blue, Green and Yellow coated chains are only available at specific lengths and not available by the foot • Brown coated chain is available at any length and is sold by the foot (12" increments) Activity Chains (Climb Wall, Web Climber, etc.) • Available in Brown only Shade Canopy Fabric Colors Our ultra -tough fabrics come in a wide variety of colors and provide superior protection from harmful ultra - violet rays. �YYh °(t1 i�r4 Brown Green Red Blue Green Yellow Tan Gray Shade Cover 95% 96% 97% 95% 97% 97% UVR Block 91% 99% 97% 93% 95% 97% IMPORTANT: The colors shown are for illustration purposes only. Actual colors may vary. Contact your Playcraft Rep for accurate color samples. Advanced Recreational Concepts 3125 Skyway Circle P MelEOUrne. FL 32934 Tall Free: 866957 -2355 tl Fax: 866.957 -2356 www.ARCFtontla.com Qualifications of designing the play structure: For over 20 years, Krauss Craft, Inc. manufacturer of Playcraft Systems has strived to produce the finest playground equipment in the industry. Our design team is led by NPSI certified playground designers who are well versed in the latest playground trends, safety standards, and accessibility guidelines. Advanced Recreational Concepts has been providing playground and park solutions for over six years now and has worked closely with the private and public sector to provide quality play systems at a reasonable price with quality installation and customer service. Our installers and design team are also led by NPSI certified team members. We take the ideas of our customers and turn them into an ideal playground for kids to visit for many years to come. Philosophy of play: At Advanced Recreational Concepts, with the help of Krauss Craft, Inc., we believe in providing the highest quality playground equipment possible. Our designs incorporate features intended to fuel the imagination, encourage cooperative and social play, develop motor skills and coordination, and, most importantly, provide hours of fun! We know the importance of encouraging exercise, health, and fitness for our children and our designs blend recreational play with physically challenging activities. Experience with similar projects: Advanced Recreational Concepts has helped develop turnkey playground solutions for many public and private entities on large and small scales. We have developed and installed five playgrounds for Broward County Public Schools that have utilized playgrounds built for 2 -5 and 5 -12 year old age groups with a rubberized poured in place safety surfacing. We have also worked with our local counties (Brevard) parks and recreation division as well as the school board and have become the preferred vendor for turnkey playgrounds. Between the two we have developed and installed over twenty playgrounds that met their specific needs and situations. We are also the preferred playground vendor for Duval County Public Schools, Osceola County Parks and Recreation and have worked with the City of Miami (more than 30 projects in the past 9 years), City of Miramar (5 projects in the last 2 years), Miami Dade County Parks and Recreation, City of Fort Lauderdale, City of North Port, Manatee County Parks and Recreation, City of Sarasota, City of Deland, Orange County Parks and Recreation etc. We have designed and installed turnkey playgrounds that have ranged from $10,000 to $350,000 with the end user in total control of what they wanted and needed. I ryY i I t:: +SV'ev.dV lfi P� !' 4^.rtcuiv.fL.':Pali .,.n(u.Euifi4lbun Why Playcraft Systems Specifications are the best in the industry... • Powder coating thickness averages 11 mils and is applied to hot parts in a two coat process with the parts re- heated between coats. Parts are sand blasted and thoroughly cleaned prior to coating. • Our deck bracing is 3" deep. Many competitors use bracing that is 2" thick. The bracing is much like floorjoists and gives our decks superior strength. • Our deck coatings average 120 mils thick, providing long lasting durability. • We use 12 gauge steel for our 1.315" steel tubing. Most of our competitors use 14 gauge steel at that diameter. • We are almost completely self- contained, unlike many of ourcompetitors, and manufacture our own decks and plastic components. • We have a comprehensive warranty which is not pro- rated. Full replacement is provided for the entire length of the contract period. • Our clamping system allows the attachment of multiple components on a single collar, greatly reducing "clamp stacking ". • Hot -Color Compounded Plastic Resins for superior color- fastness, U.V. Stability and Strength. • Self- sealing aluminum die -cast post caps secured with self - sealing rivets. • Exclusive deck slot for flush / hidden component -to -deck attachment. • Customers should be invited to compare specifications — in almost all cases our components utilize either larger diameter steel, heavier gauges, or both. Krauss Craft, Inc., the manufacturer of Playcraft Systems, warrants its products to be free from defects inmate ri a Is or workmanship, when properly used, serviced and installed in accordance with published specifications, for a period of one (1) year from the original date of invoice. Krauss Craft, Inc. further warrants as follows: LIFETIME* LIMITED WARRANTY on all stainless steel hardware, steel posts, aluminum posts, aluminum caps and aluminum clamps against structural failure due to defects in materials or workmanship. TWENTY- FIVE (25) YEAR LIMITED WARRANTY on all cast aluminum Spring Rider castings against structural failure due to defects in materials or workmanship. FIFTEEN (15) YEAR LIMITED WARRANTY on all steel rails, handles, rungs, loops and walls, all Play- Tuff7m coated perforated steel decks, steps, and bridges, all rotationally molded and HDPE sheet plastic components, excluding recycled plastic components, against structural failure due to defects in materials or workmanship. TEN (10) YEAR LIMITED WARRANTY on all shade canopy fabric made of UV Stabilized HOPE monofllament yarn and tape against significant fading. THREE (3) YEAR LIMITED WARRANTY on all springs, moving swing parts, swing seats and other swing components, as well as all recycled plastic components against failure due to defects in materials or workmanship. ONE (1) YEAR LIMITED WARRANTY on any other product or part not specifically covered above against failure due to defects in materials or workmanship. All warranties above commence on the date of the original invoice from Krauss Craft, Inc The warranty stated above is valid only if: (1) the products and structures are assembled and installed in conformity with the layout plan and installation instructions furnished by Krauss Craft, Inc.; (2) the products have been maintained and inspected in accordance with Krauss Craft's maintenance information and other normal and prudent practices; (3) the products have been subjected to normal use for the purpose for which the products were designed and intended; (4) the products have not been subjected to misuse, abuse, vandalism, accident or neglect; (5) the products have not been altered in any manner including, but not limited to, incorporating unauthorized or unapproved parts;. and (6) the products have not been modified, altered, or repaired by persons other than Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of the equipment. This warranty does not cover: (1) cosmetic damages or defects resulting from scratches, dents, marring, fading, discoloring or weathering; (2) damage due to extreme or prolonged exposure to "Environmental Factors', such as wind - blown sand, salt water, salt spray and airborne emissions from industrial sources (sulfur, acids or corrosive chemicals, other than normal photochemical smog); (3) damage caused by "Acts of God ", such as hail, flooding, lightning, tornadoes, sandstorms, earthquakes, windstorms, . and other extreme weather conditions; or 4) normal wear and tear. If any products covered by this warranty fail within the time period applicable to a defective product, Krauss Craft, Inc. shall, upon being notified of the defect in writing, at its sole option, either repair the defective products or replace the defective products within 30 days of receipt of the written notification. Repair or replacement as provided in this section shall be the purchaser's exclusive remedy and purchaser expressly agrees that Krauss Craft shall not be responsible for any other damages, losses, or costs, including consequential and incidental damages, claimed by purchaser. Krauss Craft, Inc. shall deliver the repaired or replacement products to the purchaser free of charge, but shall not provide labor, reimbursements for labor or reimburse any other costs associated with the removal or disposal of the defective products and /or the installation of any replacement products. Notwithstanding the previous sentence, Krauss Craft, Inc. shall not pay for any costs of shipping replacement parts outside of the continental United States. Any products replaced or repaired consistentwith this paragraph shall be guaranteed for the balance of the original warranty period. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN SHALL BE THE EXCLUSIVE AND SOLE REMEDIES OF THE ORIGINAL PURCHASER. KRAUSS CRAFT, INC. IS NOT LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM THE PURCHASE, USE OR MISUSE OF ITS PRODUCTS. SOME STATES IN ALLOW U T CONSEQUENTIAL OTHER EXCLUSION MAY NOT APPLY. KRAU SCRAF , C. NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME OR IMPLY ANY LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT SOLD. To make a claim under the terms of this warranty, purchaser must submit a written statement detailing the nature of the warranty claim, including an itemization of each defective condition, along with a copy of the original invoice, maintenance records and supporting photographs to Krauss Craft, Inc., 123 North Valley Drive, Grants Pass, Oregon 97526. Krauss Craft, Inc. reserves the right to change, modify or discontinue certain products without notice. *For the purpose of this warranty, the term LIFETIME encompasses no specific number of years, but rather that Seller warrants to its original customer, for as long as the original customer owns the Products and uses the Products for their intended purpose, that any Products and all components will be free from defects in material or workmanship. © 2010 Krauss Craft, Inc., All Rights Reserved. Rev. K d 0 ro C ili b o m w to U 0 N O C m � � N n Q _.. L(j 02 ('- 4 LU N `U O IL 4(U C umT < L- @ LL- MEN= U n Ltl C ti f� N >el MA qj F 4f F uj1 � O tiJ 2 Q U G co O) O 7 If G LLo M . t1 O v W d Q m a 0 ro a G1 i m' N 0 N uI CL Q m } a@@> tC p v H T O i� p Y a {— Play -Safe Plus Engineered Wood Fiber Specifications Play Surfacing 1. Surfacing shall be IPEMA- certified Engineered Wood Fiber as manufactured by Forestry Resources, Inc. Fort Myers, FL, or an approved equal. Standard wood chips, bark mulch, or material manufactured from recycled pallets are not acceptable. 2. Surfacing shall be manufactured from virgin wood fibers and shall comply with the sizing requirements outlined in accordance with the procedures outlined in ASTM F -2075 Engineered wood fiber shall not contain twigs, bark, leaf debris or other organic or inorganic material incorporated within such as soil, sand or gravel. 3. Supplier shall provide test results for the Engineered Wood Fiber in accordance with ASTM F 2075 Specification for Engineered Wood Fiber for Use as Playground Safety Surface Under and Around Playground Equipment. 4. Sufachrg shall be certified by the Florida Department of Agriculture to be Burrowing Nematode Free. This shall be evidenced by the official certification number being stamped on all delivery documents and invoices. 5. A non - toxic, biodegradable colorant shall be utilized on the colored Play -Safe Plus material. MSDS specifications sheets shall be presented upon request. 6. Surfacing shall pass evaluation for Shock Absorbing Properties in accordance with the procedures outlined in ASTM F -1292 Standard Specifications for Impact Attenuation of Surface Systems under and Around Playground Equipment. 7. Supplier shall provide test results for impact attenuation to show compliance with ASTM F 1292 Standard Specification for Impact Attenuation for Surface Systems Under and Around Playground Equipment. 8. Supplier shall provide test results for impact attenuation to show compliance with ASTM F1951 -09b Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. rUV SOD America Inc. Tilil/ Product Safety Services 47523 Clipper, Drive �-- Plymouth, MI 46170 Miedca Phone: 734.455.46,11 Client: Forestry Resources Manufacturer: ForestrvResources Manufacturing Location: Webster. FL Phone: /2391 334.7343 Commercial Name of product: Playsafe Plus Sample Selection: Yes; X No, Date of Manufacture: Unknown No. of samples submitted: Approx. 5 Cu.. Ft. Test EgLijpment: Triax 2000 Accelerometer Calibration Due Date: Jan -12 Temperature Probe Calibration Due Date: Jan -12 TUV Report No.: 811102920 -1 Report Date: 4/1112011 'rest Date: 4/11/2011 Initial Test 10 Follow up Test ❑Rof Job: Sample Receipt Date: 41612011 Selection Date: 312912011 Ambient Air Temperature: 24_n °C Humidity: 61% Environmental Chamber No.: Calibration Due Dale: Environmental Chamber No.: Calibration Due Date: Loose fill Material Sample Description: NIA NIA NIA NIA Loose Fill Wood: ❑ - Un- compacted Depth: is Inches Engineered Wood Fiber d Rubber: ❑ Sand: ❑ Compacted Depth: 12 Inches Gravel ❑ Other. ❑ Comments: UtlltarV Sample Description: Tiles 13 Thickness: Poured in Place Thickness: Other Thickness: The above described sample was tested at : 12 rt, results reported herein reflect the performance of the above described samples of the time of testing and at the temperature(s) reported. The Its are specific to the described samples. Samples of surfacing materials that do not closely match the described samples will perform really. The following data sheet provides an accurate representation of the test results, Iple In compliance with ASTM F1292.09 at the temperature and rating specified? Yes IV3 No ❑ Signature: < `.'`...,�lr--- u�� ---- Date: Reviewed by: 1 .. e i -r.+ Date. j r; r r t. Revision 02/17/09 Page 1 of 2 Client Forestry Manufacturer: Forostry Resources Resources TUV Report No. Q11102920 -1 Test Date: 4/11 /2011 Drop Specified Reference Temperature- 6 °C,(21.2 °F) Referencc To 1peralure 23 °C,(73.49F) 12eterence Temperature Drop Height 0'fd G -Mae f11C Vulucily (R /s) G -Mai —MC Velocity (R /s) G-Mm IIFC Velocity(fl /s) 1 12 _ 51 209 2 12 _ 64 256 27.7 3 12 76 314 27.9 Average 0 0 , r -A Measured Surface 'Fernperetule C Max. Change fr on reference 24 °C Max. Change from refemice °C Mas. C h nlge Ron reference San rle Condition: DRY Dlop One lout over Reference "Fern ernlure- 6 °C,(21,2 °F) ieference Tem eraaae 23 °C,73:1 °F Reference Ten) emlure, C,(120,27) (Ft.) G -Max I•RC Velocity(R /s) G -Mix life Velocity (M) 0- 1,4nx file Velociq (11/5) 2 — — 3 L — Average 0 0 0 0 - „,? gaz�„t`s: 0 0 Meastu'ed Surface Teal ernuu'e 'C Max. Chin-o from reference r5`C (9 °F) "C Max Change lioro roference +3`C,(5.4IT 'C Mix. Change from reference - M,,(- 5.4`F) Simple Condition: — Drop pile fool Reference Tem serdure -6 °C, ()1.2 °F Itefereucc Tcm nature 23 °C,(73.4 °F) _ Reference Tem ernturo 49 "O,(120.2 °P) under G -Max file Velocity (RA) Cl -tvfnx I11C: Velocity (11/s) G -hlnz HIC Velacily (0 /s) I 2 — — _ _3 — Average 0 0 `;as+'f'r5 0 0 �`3a+ (-.; 0 Measured Surface Tcm erature 'C Max. Change trout reference +5 °C ,(9°Y) 'C Max. Chaup frelll reference +3`C,(5.4°F) oG, f tax. C' lingl from relPQ11CP - J °C'.,(- ,M) San le Condition: �u 1WV: America s Revision 02/17/09 Page 2 of 2 ) \ \ ) ) � \ (� { {u \ \ ; ® { ) \\ S ! \ , ] ` \ \ \ \\ { ( 2 3 / \ : E/ \ \ \ \ \ ~ { } ƒ LE 2 ° ) 2 \ CL) � \s ) \ \ ) ) � \ \{ §\ ( 2 ,D &; § k \} 2/ \\ \\ . §{ ( \ {0 7 ^^ 2 {/ ©d §0 \ \ \ } \\\ E & ) ~ � \\ ) \ \ } ) (� \ \ ; ® { ) \ \\ { ( 2 3 / \ : E/ \ \ \ \ \ ~ { } \{ §\ ( 2 ,D &; § k \} 2/ \\ \\ . §{ ( \ {0 7 ^^ 2 {/ ©d §0 \ \ \ } \\\ E & ) ~ � \\ ) \ \ } ) r r� 11:1V PREPARED FOR FORESTRY RESOURCES, INC. 4353 MICHIGAN LINK FT. MYERS, FL 33916 ATTENTION GLEN DAVIS REPORT DATE APRIL 16, 2012 TUV SOD America, Inc. TUV SOD America. Inc letters, reports and data are for the exclusive use of our customers to whom (hey are addressed and shall not be reproduced, except in full, 475523 Clipper Street without the written approval of the Laboratory . Our letters and reports apply only to those an mou PI th, Michigan 48170 USA samples tested and are not necessarily indicative of the qualities of apparent identical or Plymouth, similar products: Samples not destroyed In testing are retained for a maximum of thirty Phone: 734,455.4841 (30) days. The use of the name TUV SOD America. Inc. or its Seal or Insignia, are not permitted to be used by the customer on their communications, brochures, advertising, Fax: %34.4.5)5.659 reports or other forms of media, without prior written approval. Reported test parameters ,AWW.TUVAmerica.com are generally specified as sat points of testing equipment. All documentation and data utilized in the generation of this report are available upon request �'Csuo America TOV SOD America, Inc. Reported by: Timothy Fouchia, Test Technician CERTIFICATION TEST PROGRAMS Approved by: David Splane, Product Safety Engineer CERTIFICATION TEST PROGRAMS Report Number: Q11203625.1 April 16, 2012 'ITOV SOD America, Inc. Test Report Page 2of6 i America PURPOSE Report Number: Q11203625.1 April 16, 2012 The purpose of this test report is to present the test results obtained during the performance of a test program. This report includes a brief description of the samples presented for test, a list of the documents presented as test instructions, and a summary of the testing performed and the results obtained. Applicable requirements and conclusions are based on the criteria provided by our client, or as specified in the reference document(s). WORK REQUESTED / REFERENCE DOCUMENT(s) ASTM F1951 -09b, Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. TEST SEQUENCE 1. Wheelchair work measurement method — straight propulsion with no material on a flat surface with a grade of 7.1 %. 2. Wheelchair work measurement method — straight propulsion with material and no grade. 3. Wheelchair work measurement method — turning 900 with no material on a flat surface with a grade of 7.1 %. 4. Wheelchair work measurement method —turning 900 with material and no grade. Testing was performed on April 12, 2012. r Forestry Resources, Inc., submitted approximately 40 cubic feet of loose fill wood material identified by Forestry Resources, Inc., as Playsafe Plus. 'I'OV SOD America, Inc. Test Report .Page 3 of 6 �' CSUD America TESTING PERFORMED ACCESSIBILITY OF SURFACE SYSTEMS Procedure Report Number: Q11203625.1 April 16, 2012 Sample material, Playsafe Plus, was installed in four inch layers, and tamped using a 10 inch X 10 inch hand tamper until a depth of twelve inches was achieved. The sample material was tested, propelling the wheelchair with four even propulsion strokes, per trial, across the material 5.56 feet, within eight seconds. This process was repeated five times for each test, (straight and 900 turn). Per ASTM F1951 -09b, section 5.1, no additional compaction or modification occurred between propulsion trials. Results The average work force over one foot, in pound force -inch values, for straight propulsion and for turning with material, should be less than the average work per foot values for straight and turning on a flat surface with a grade of 7.1 %. Conclusion The average work force over one foot, in pound force -inch values, measured lower when propelling the wheelchair over the 12 inch compacted depth Playsafe Plus material, than when propelling the wheelchair over a flat surface with a grade of 7.1 %. The material met the requirements of ASTM F1951 -09b. SAMPLE DISPOSITION The sample material will be retained by TOV SOD America, Inc., for fifteen (15) days, then disposed of at the discretion of TOV SOD America, Inc., unless otherwise requested by Forestry Resources, Inc. TOV SOD America, Inc. Test Report _ Page 4 o 6 See America TEST EQUIPMENT Report Number: Q11203625.1 April 16, 2012 TOV SOD America, Inc.'s calibration system meets the requirements of ISO 17025:2005. TOV ID Description; Manufacturer Model Calibration Due PLYP00043 PLYP00047 Signal Conditioner Reaction Torque Sensor Daytronics Lebow 3370 2110220500 07/12 07/12 PLYP00015 N/A Digital Protractor Wheelchair Mitutoyo Quickie Pro 360 Q2 06/12 NCR N/A Accessibility Fixture DTL N/A NCR PLYP00031 Scale Toledo Scale 4181 07/12 PLYP00044 Scale Acculab CS -110P 07/12 NCR — No uaiibration Required REMARKS Per ASTM F1951 -09b, section 7.1.2 Test Wheelchair Rider —A 165 + 11, -4.41b test wheelchair rider shall propel the wheelchair during testing. The rider's weight was measured at 1871b prior to testing thus deviating from the standard requirements. o The wheelchair rider weight was 187 pounds, which combined with the wheelchair fora total of 234.7 pounds. Per section 7.1.3 Weight of Total System- The total weight of the wheelchair Rider System, including any distance measurement or data acquisition equipment residing on the wheelchair shall be a minimum of 187.2 lb and a maximum of 255 lb. • Report, revision 1 reflects clarification of material name: Playsafe Plus, APPENDICES: Appendix A: Test Data TOV SOD America, Inc. Test Report Page 5 of 6 R �Y� •CaU� America Report Number: Q11203625.1 April 16, 2012 Material Name / Description: Playsafe Plus (12 inch compacted depth). Run # No Material (work per foot) (Ibf in) With Material (work per foot) (lbf in) Straight Run 1 124.832 116.675 Straight Run 2 125.739 116.886 Straight Run 3 120.559 114.863 Straight Run 4 124.329 112.877 Straight Run 5 124.79 119.778 Average 124.65 116.141 Turn Run 1 174.75 164.655 Turn Run 2 175.022 157.602 Turn Run 3 163.581 162.087 Turn Run 4 178.941 147.268 Turn Run 5 172.497 150.061 Average 174.09 156.583 TUV SOD America, Inc. Test Report Page 6 of 6 Appendix A PLAYS -1 OP ID: MS CERTIFICATE OF LIABILITY INSURANCE DATE 08/2712013Y) o9n7 /zo13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemends). PRODUCER Phone: 321.214.1990 NAME. I David C. Moss Insurance and Risk Management Fax: 321.710.2 501 PHONE LAIC Nc E%tl' of Florida, LLC. 220 Crown Oak Centre Drive ------........- -- EMAIL ADDRESS : .. Longwood, FIL 32750 David GMoss _ _ INSURER(5)AFFORDING COVERP PRODUCTS - COMP /OP AGG S 2,000,000 _ $ ....._ COMBINED SINGLELIMIT 1,gg0,ggO SEa acddann $ __.._._ INSURERA:Great American E &S Ins CO INSURED Play Space Services, Inc. & INSURERB:Old Dominion Insurance CO Advanced Recreational Concepts INSURER C,Bridgefield Employers Ins._' LLC — 3125 Skyway Circle INSURER D: Melbourne, FL 32934 -7334 _INSURERS_ _._ ......__. _ .. .. .....:....... �.-.,, ,...., -,.. _- RP \IISIrTN NIIMRPP• UUVPKAUI I'll a v— ,....,.,... -.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY " "— �6L5UBR TIMMIDDYEfF INSR rypE OF INSURANCE POLICY NUMBER MMIDDIVYYY AR I�GENERALLIABILITY COMMERCIAL GENERAL ,LIAB ILITY PL4434696 01/27/2013 CLAIMS -MADE a OCCUR THE INSURED OR OTHER DOCUMENT DESCRIBED PAID CLAIMS. MM /DD EXP MMIDDIYYVY 01/2712014 NAMED ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE S 1,000,000 - DAM�6R€NTEb 50,00 PREMEESfEaoccggsnce . S RED EXP(Anyone person) S 5,000 PERSONAL &ADV INJURY -S 1 000,000 - -_ _..- ...___ GENERAL AGGREGATE S 2,000,000 i I GENT AGGREGATE LIMIT APPLIES PER: ._ _ -PRO- — POLICY LOC . AUTOMOBILE LIABILITY PRODUCTS - COMP /OP AGG S 2,000,000 _ $ ....._ COMBINED SINGLELIMIT 1,gg0,ggO SEa acddann $ __.._._ B X_ ANY AUTO Bl GO956H 02103/2013 ALL AUTOS OWNED X SCHEDULED ._ .. AUTOS X HIRED AUTOS X OWNED AUT 02/0312014 BODILY INJURY (Perperson) $ BODILY INJURY(Peracadent) S PROPERTY DAMAGE S -Pe dent — 5 UMBRELLA LIAB X OCCUR X A EXCESS LIAB CLAIMS-MADE UM4434697 01127/2013 01/2712014 EACHOCCURRENCE �.S 1,000,000 — AGGREGATE is i'000,000 _ DEB X RETENTIONS 10,000 WORKERS COMPENSATION $ X WC STATuTa 0TH TORY LIMITS ER _....._ AND EMPLOYERS'LIABIUTY YIN C ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER /MEMBER EXCLUDED) R (Mandatory, in NIR If yes describe untler DESCRIPTION OP OPERATIONS below NIA 830.34812 0712412013 0712412014 _,_ EL EACH ACCIDENT 5 1,000,000 E.L. DISEASE - EA EMPLOYEE 'S 1,000,00 - -- E.L. DISEASE POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Marion County Procurement Services 2511 SE 3rd Street Ocala, FL 34471 MARIONP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE reZRT:1:E'.T11111 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD All rights