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Leadex ITQ PR2014 05 4.18.14CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ RPR- 2014-05 LUMP SUM PROPOSAL smdIl ila"d T Boo, SUBMITTED To: City Clerk PROJECT: Sidewalk Repair Marshall Wllhunson Park NAME: Maria Menendez, CMC ADDRESS: 6130 Sunset Drive ADDRESS: 6130 Sunset Drive CRY/STATE: South Miami, FI 3143 CRY /STATE: Miami, Florida 33334 ISSUE DATE: TTiilnrfay, April 16 2014 PHONE: 305-M -6339 EMAIL: alwllck@southmlamin,grw MANDATORY PRE -QUOTE MEETING: Friday, April 11, 2014 at 10.'00 AM DUE DATE: Friday. April 1116 2034 at 10M AM QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10:00 AM on the due date will not be accepted unless otherwise specified In the quote document of a time change. All quotes Will be submitted to the City Clerks Office in a sealed envelope. The label on the on the envelope needs to read as follows: City of South Miami Maria M. MenendeE, CMC 6130 Sunset Drhre South Miami, FT. 33143 Project Name: SIDEWALK REPAIR MARSHALL WIWAMSON PARK Must Input project name. If label does not have all Information above your quote will not be accepted. INSURANCE REQUIREMENTS: The CRY'S Insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of Insurance naming the dty as additional Insured. AFFIDAVITS REQUIRED WITH SUBMITTAL: IExhiblt 21 Respond" must complete and submit With your quote affidavits provided In Exhibit 2. COMMUNITY DEVELOPMENT BL.00KGRANT IExhlblt31 This project Is funded through a federal grant, community Development Block Grant, (CDBG), through Miami-Dade County. Proposers MW comply with CDBG requirements. Refer to Exhibit 3 to Old Package. QUL3nONS• any Rmuou for additional I d IUW time an April 16, JW 0 The MUntbon of Mr. Stevan KUNCIL PurchRAna humrger.gt Skupckt> WUthn1bmM JMV-. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITYI: r Please Refer to the attached "Scope of Services" DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Contractor shall furnish all materials and equb ment necessary to severe corn Ion of the rk. Contractor shall be r ' corn Sated acoardInA to the 92ate submitted. A MmWoMU tM9 cote meeting Is scheduled: Frtda I ii 2014 at 10 AM at Cky ConuMplon Chambers at 6130 Sunset Orin. South M FI 23141L Contractor Is responsible to secure all perrrlits and and should be reflected In the Lump Sum quotee Contractor may choose to submit a quote on comiany letterhead but must be be attached with this form. Deadline to submit Is! FrIdwy, April 1111, 2014 at 10 AAA Priniffype Nana: FRANK J Phone: Slonature: ", , r Date: E -mall: ?CCO .Cfl Fax: - Firm Name: LEAP EN JZ;ORPORA I ION F.B.I.N. No.: - adareaa: 2601 SV V 69 CRY: MIAMI stem: FL 33155 GV Ct THE EIOEOJ110N OF THIS FOAM ODNS19M THE UNEQUIYOC LL OpfA OF PROPOSER To BE BOUND BY INS UMM OF RE PROPOSAL FAILURE TO SIGN THIS SODUFATION WHERE LRDICATED ABOVE BY AN AUTNDRQFD RAPROMA11VE AWE RINDER ME PROPOSAL NOM4 k WCNXVL THE OIIY MAY, ROWEVOL IN ITS SOLE OL43W K A=1 AM PROPOSAL THAT Rini AN DMWW DOCUMENT WHICH UNBQUIVOCAILY BINDS THE PROPOSER TOTHETIOMfOF ITS MM INS CIM R14UUT FOR QUOTES 5 MR THE LOWEST AND WW RESPONSIVE PRIOL THE CITY RESERVES THE INGIff TO AWARD IM PRORCY TO THE RAM CONSIDBIED THE BEST 70 SERVE THE om UREBEST. Erato n-WiMFUM Contractor shall furnish all materials and equb ment necessary to severe corn Ion of the rk. Contractor shall be r ' corn Sated acoardInA to the 92ate submitted. A MmWoMU tM9 cote meeting Is scheduled: Frtda I ii 2014 at 10 AM at Cky ConuMplon Chambers at 6130 Sunset Orin. South M FI 23141L Contractor Is responsible to secure all perrrlits and and should be reflected In the Lump Sum quotee Contractor may choose to submit a quote on comiany letterhead but must be be attached with this form. Deadline to submit Is! FrIdwy, April 1111, 2014 at 10 AAA Priniffype Nana: FRANK J Phone: Slonature: ", , r Date: E -mall: ?CCO .Cfl Fax: - Firm Name: LEAP EN JZ;ORPORA I ION F.B.I.N. No.: - adareaa: 2601 SV V 69 CRY: MIAMI stem: FL 33155 GV Ct THE EIOEOJ110N OF THIS FOAM ODNS19M THE UNEQUIYOC LL OpfA OF PROPOSER To BE BOUND BY INS UMM OF RE PROPOSAL FAILURE TO SIGN THIS SODUFATION WHERE LRDICATED ABOVE BY AN AUTNDRQFD RAPROMA11VE AWE RINDER ME PROPOSAL NOM4 k WCNXVL THE OIIY MAY, ROWEVOL IN ITS SOLE OL43W K A=1 AM PROPOSAL THAT Rini AN DMWW DOCUMENT WHICH UNBQUIVOCAILY BINDS THE PROPOSER TOTHETIOMfOF ITS MM INS CIM R14UUT FOR QUOTES 5 MR THE LOWEST AND WW RESPONSIVE PRIOL THE CITY RESERVES THE INGIff TO AWARD IM PRORCY TO THE RAM CONSIDBIED THE BEST 70 SERVE THE om UREBEST. CONTRACTOR IS TO COMPLETE THE SCHEDULE OF VALUES: Item Item Description Qty Units Unit Price Amount 1 Mobilization LS J, 56 °G 2 Maintenance of traffic (pedestrian) LS 780 780 3 Root pruning (as needed) Ls 59-0 4 Concrete removal (as needed) GS 2 U Z, i 4o 5 4" concrete sidewalk SY 6 7 TOTAL ¢Z 9 a 1 V-41 Ldt max. ADDENDUM No. #1 Project Name: Sidewalk Repair Marshall Williamson Park ITQ NO. PR2014 -05 Date: April 7, 2014 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Ouestion #I: The package that is available online for the above referenced project number has missing pages. In "Exhibit 3 To Bid Package starts with "Attachment A" it shows page three then jumps to page five and so on. Please advise if those missing pages will be provided. Answer to Question #11: Exhibit 3 in ITQ #PR2014 -5 references "Attachment A to Bid Package." Exhibit 3 provided in the ITQ is missing pages. A complete version of Exhibit 3 is provided and attached to Addendum No. 1, dated April 7, 2014. Interested parties should refer to Exhibit 3, dated April 7, 2014 and provided as Addendum No. 1. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 ADDENDUM No. #2 Project Name: Sidewalk Repair Marshall Williamson Park ITQ NO. PR2014 -05 Date: April 11, 2014 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Request for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #11: Can you advise the approximate square yards of concrete the contractor will be expected to remove from the project site? Answer to Question #I: The awarded contractor will be expected to remove a like amount of concrete that will be installed from the project site. Question #2: Are there any other permits, other than through the City of South Miami, that are the responsibility of the contractor? Answer to Question #2: The contractor is responsible to apply for any and all permits associated with this project. Permit fees will be waived for permits issued by the City. The contractor must apply for any permits issued by another government and is responsible for those permit fees. Page 1 of 3 Ouestion #3: Can the City provide an opinion regarding the base material at the project site? Answer to Question #3: The City is not anticipating changes in the base material. No additional base material is being considered for the project. The base will need to be re- compacted for the new sidewalk installation. Ouestion #4• Is the contractor responsible for damage to the project site as a result of work performed by the contractor addressed in the Scope of Services? Answer to Ouestion #4: Yes. The contractor is responsible for damage caused as a result of performing the work addressed in the Scope of Services. This would include, but limited to, damage to; trees, grass, City equipment, signage, curbs, etc. Ouestion #5: Are root barriers required to be supplied and installed by the contractor? Answer to Question #5 No root barriers will be required for this project. Ouestion #6• Can the City provide any director for root removal, if required, at the project site? Answer to Question #6: The City's arborist will be working with the awarded contractor for this project to answer questions and provide direction for root removal, if required. Ouestion #7: Is a partial or the entire sidewalk flags to be replaced by the contractor? Answer to Question #7: The estimated quantity was obtained assuming the replacement of the entire flag. Page 2 of 3 N F�) 41' AIr Ouestion #8• Can the City clarify if the debris from the work needs to be hauled every day or if a dumpster container is acceptable? Answer to Question #8: The City will allow the use of a dumpster container for the debris. Ouestion #9• Does this project include Davis Bacon and Section 3 requirements? Answer to Question #9: Yes, for further details please refer to Addendum No. I which includes Exhibit 3 of the ITQ and a complete copy of "Attachment A to Bid Package" for Davis Bacon and Section 3 requirements. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of 3 ADDENDUM No. #3 Project Name: Sidewalk Repair Marshall Williamson Park ITQ NO. PR2014 -05 Date: April 14, 2014 Sent: Fax/E- mail /webpage This addendum submission is issued to clarify, supplement and /or modify the previously issued Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # What type of joint will be required for matching existing concrete sidewalk? Answer to Question #11: The Miami -Dade County Public Works Manual Standard Detail R13.1 included within the scope of work defines that the type of joint between existing and new sidewalks is a Type A (Open Type Joint). Question #2• What amount of bid bond if any will be required? Answer to Question #2: A bid /proposal bond or performance bond is not required for this project. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the individual(s) /firm, nor any of his /her /its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s) /firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s) /firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 of 10 ATTACHMENT # I 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 Bid an a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a publk building or public work, may not submit bids on leases of real property to a public entity, miy not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ". The award of any contract hereunder Is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to CITY OF SOUTH MIAMI [print name of the public entity] by FRANK J FONSECA P.E. PRESIDENT [print individual's name and title] for LEADEX CORPORATION [print name of entity submitting sworn statement] whose business address is 2601 S W 69TH CT, MIAMI, FL 33155 and (if applicable) its Federal Employer Identification Number (FEIN) is 65- 0170950 (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 StatuLes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 2 of 10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender. 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 interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led 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 applie ] 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.] Page 3 of 10 Continuation o f Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this /7 day of /7 AD 12 , 20 /C.'/ �-` Personally known or Produced identification Nota ry Public — State f My commission expires -? /-7 // (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PU R 7068 (Rev.061 11 /92) PEDRO J. GOMEZ .� MY COMMISSION # EE 007042 'a' r EXPIRES; July 7, 2014 Bonded Thru Notary Public Underwriters Page 4 of 10 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees tha t dispensing, possession, or use of a controlled and specifying the actions that will be taken prohibition. the unlawful manufacture, distribution, substance is prohibited in the workplace against employees for violations of such 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's ��' GO�l�JO ✓Z�i�0i✓ Signature: Print Name: J :? Iy`/4 J - -0 fYr E7 C/J, Date: y %i 7 �/ Ll Page 5 of 10 ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" � L7 Submitted this day of i /I i G 20-.t , The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response/submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP PI'4 � 0 / L,/ ° 047- The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: Namo 604 So-eet Address 0011a _-0 / -5 The Bidder /Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: -' Printed Name: / lj' /yj� Fo /y5e « <_, Title: Telephone: .s o? ((, __;i 0 ,a Company Name fq ]� 66 /t' -17x)1 li -7 h/ Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF F/D /t / /J/} COUNTY OF The foregoing instrument was acknowledged before me this / 7 day of ,0 PA i L . 20j U by FIZ0 n`IC J G-Nmac' CC (name of person whose signature is being notarized) who is p /7- e 5 iCGr Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or PEDRO J. GOMEZ ✓ Did Not take an oath. i MY COMMISSION # EE 007042 SEAL' EXPIRES: July 7, 2014 "¢!i r Bonded Thru Notary Public Underwriters ; y (Name of ry c: Print, Stamp or type as commiss oned.) FAILURE TO COMPLETE, SIGN. A RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 7 of 10 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI 1rf We, 1 ) CC) e pel /t � , (14ame of Contractor), hereby acknowledge and agree that as Contractors for this Solicitation, 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 against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): to comply with such act or regulation. CONTRACTOR BY: f Si7IVIr F0 t" s-e Name TrzQs,Cl-e,� Title 'UVitneSs FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8 of 10 ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I 2 �! n/ fG i%` t:'�Y �' C t"i ividually and on behalf of ( "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[See Note #1 below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #I below]; 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). [See Note #1 below] (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 Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their Immediate family members. 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: L- (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). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 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, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. Ir 1 have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are ue #hd correct to the best of my knowledge, information and belief. Signature: - Print Name & e: r 12gly,iG J- - Feyy, S-2 col PILL' 5 , 4f e r✓T Date: G i `7 ATTACHED: Sec. 8A- I - Conflict of interest and code of ethics ordinance. Municode Page IOM 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. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. 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: (1) 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); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(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. (1)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; Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(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 terms 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)(1); 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 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. 0) 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. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. r � 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 a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (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 by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as 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)(1) 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. Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. 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, RFR 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)(1) 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)(1) 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 (I A -1), 1 (1 A -2) adopted Jan ...I 1, 1969. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. 1� CITY OF SOUTH MIAMI ADDENDUM No. I APRIL 7, 2014 EXHIBIT 3 To ITQ #PR2014 -05 ATTACHMENT A TO BID TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS INVITATION TO QUOTE: "SIDEWALK REPAIR AT MARSHALL WILLIAMSON PARK" . PUBLIC: m ' o SM ,-AND ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS ftency Name: ity of South MiamiT F -' Project Name: Sidewalk Re air Marshall Williamson Park Project Address: 6125 SW 68 Street, South Miami, FL 33143 Prepared by: Cathrine J Lara 03/18/2014 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 FL140168 2 02/21/2014 FL168 - Heavy ■ Federal Labor Standards Provisions (Form HUD - 4410). • Insurance Requirements « Provisions to be Incorporated In Construction Contracts: o 1) Davis -Bacon Act, o 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 2) Affirmative Action, - - o 3) Americans with Disabilities Act, 0 4) Copeland Anti- Kickback, 0 5) Byrd Anti - Lobbying Amendment, o 6) Full Disclosure by the Contractor/Bidder, 0 7) Non - Discrimination Clause, 0 8) Age Discrimination Act of 1975 as Amended, and 0 9) Section 504 of the Rehabilitation Act of 1973 as Amended. • Certification Regarding Drug Free Workplace (Grantees Other than Individuals) • Assurance of Compliance (Section 3, HUD Act of 1968) • Section 3 Requirements • Section 3 Clause • Bidder's Initial Section 3 Goals • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Transactions (Certification Document and Instructions) • Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with Disabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) • Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246 Certification of Nonsegregated Facilities • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities + Notice of Requirement - Clean Water, Clean Air, EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations • Clean Air Act, • Federal Water Pollution Control Act, and • Lead -Based Paint Poisoning Prevention Act • Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient) • Public Entity Crimes Affidavit 1 -BID PACKAGE MiamWa& County PHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR S This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant 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) �r 1 2- NOTICE TO BIDDERSIPROSPECTIVE CONTRACTOR (S) [CDBGJ Miami -Dade County PHCD Page 3 STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested information and documentation with the Bid package All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets for items marked 1. Prime Contractor: L- r3 D L ?� CD %Z 2. Prime Contractor Address: d G O% S C X17 C //)l G - / : S– - — 3. Name of each principal officer of corporation, partner, firm or individual: fl- 4/Y16 V - AD, sQC�i� 4. Gender and Ethnicity of Principals: v]'�/�Sf�9 —5--company-Qualifier, -- 6. Years in Business: 6,'� - 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Em foyer's quarterly Federal Tax/return, U.S. Treasury Department. �� License Number: _/ -G C 010 7 !'3 State: Crn Gn69.;L /a 1 8. Contractor's Certification Categories: 6e ,-YPa aV C� /✓ /2 �iC /�qecfveyi�4f Conr/2u c% 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 PMCD Page 4 JOBS PREVIOUS 2010 20112012 Job# Job Name 210204 NORTH TILE BLDG 4000 210205 KENDALL L 152/145 (4212) 210206 KENDALL LIBARY 4137 210208 KENDALL PARKING /SHADE 210209 NORTH RENOVATE RM 1156 210405 PARKWAY MIDDLE PHASE 1 210410 MATER INTERNATIONAL 210413 LENORA ELEMENTARY 210414 CORAL GABLES SENIOR HIGH SCHOO 210412 SOMERSET PLAYGROUND 210504 JEFFERSON ANNEX SR (SBAB) 210507 PHYLLIS WHEATLEY ELEMENTARY 210510 SNAPPER CREEK ELEMENTARY 210512 THOMAS JEFFERSON MIDDLE 210514 OLYMPIA HEIGHTS ELEMENTARY 210516 BOWMAN FOSTER ASHE PLC ' 210519 PONCE DE LEON MIDDLE 210520 HIBISCUS ELEMENTARY 210521 MANDARIN LAKES K -8 210522 SUNSET ELEMENTARY 210523 GRATIGNY 210525 CUTLER RIDGE ELEMENTARY 210704 STRADA 315 29000 COONTIE HATCHEE PARK 210408 SUNNY LAKE BIRD SANCTUARY 210407 MIAMI LAKES K -8 CENTER Client Contract Signed 200 - MDCC 06/11/2010 06/11/2010 10/20/2010 400 - BALFOUR 03/31/2010 402 - MATER 403 -T &G 404 - SOMERSET 11/30/2010 501- MIAMI -DAI 08/21/2010 08/04/2010 07/23/2010 08/10/2010 09/23/2010 09/27/2010 10/11/2010 10/12/2010 11/12/2010 09/09/2010 12/07/2010 719 - THE RELATED GRO 1001- CITY OF Fl 01/26/2009 7022 -TOWN OF DAVIE 7026 - VEITIA LEADEX CORPORATION Client Job# Job Name 200 - MDCC 211204 NORTH BUS BENCH SHELTER 211205 NORTH CONCRETE & BOLLARDS 211206 NORTH BURSAR OFFICE 300 - CITY OF MIAMI 211308 WILLIAMS PARK 211309 ARMBRISTER /VIRRICK 211310 WILLIAMS PLAYGROUND 212300 SIMPSON PARK 1115030 HADLEY PARK DUCT 406 - CITY NORTH PORT 211401 BUTLER PARK 408 - CITY HOMESTEAD 211408 WITTKOP PARK PLAYGROUND 211415 J D REDD PARK 211417 AUDUBON PARK 211418 MAYOR ROSCOE WARREN DOG PARK 211421 HUMPTY DUMPTY PARK VOLLEYBALL 411- MIAMI SPRINGS 501- MIAMI -DADE SCHO 211419 STAFFORD PARK 210510 SNAPPER CREEK ELEMENTARY 210514 OLYMPIA HEIGHTS ELEMENTARY 211504 TREASURE ISLAND ELEMENTARY 211506 SOUTH DADE MIDDLE 211512 BRADDOCK SR 211516 SABAL PALM ELEMENTARY 211517 BOWMAN FOSTER ASHE ( PLAYGFOUND 211522 LUDLAM EL LETTERS 211523 PINECREST ELEMENTARY 211524 PARKWAY MIDDLE 211525 CUTLER RIDGE ELEMENTARY 211526 SOUTH MIAMI SR 211527 CORAL REEF ELEMENTARY 211528 SOUTH MIAMI K -8 211529 TREASURE ISLAND 211530 FLORIDA CITY ELEMENTARY 211531 REGION MAINT CENTER 8 LETTERS 211532 EMERSON ELEMENTARY 211533 BISCAYNE ELEMENTARY 211534 DOUGLAS ELEMENTARY 211535 OLYMPIA HEIGHTS ELEMENTARY Contract Signed 07/26/2010 07/23/2010 09/23/2010 11/22/2010 01/12/2011 03/29/2011 03/23/2011 07/18/2011 08/03/2011 211536 EARLINGTON HEIGHTS EL 211537 ETHEL KOGER BECKHAM EL 211538 CHRISTINA EVE ELEMENTARY 211539 SHENANDOAH MIDDLE 211540 PALMETTO MIDDLE SCHOOL LETTERS 211541 SOUTH POINTE ELEMENTARY 211542 LEISURE CITY ELEMENTARY 211543 FLAGAMI ELEMENTARY 211544 WINSTON PARK K -8 211545 NAUTILUS MIDDLE 211546 WHIGHAM, DR. EDWARD PLC 211547 HOMESTEAD MD KITCHEN REPAIR 211548 CAMPBELL DR K -8 REPAIR 212500 DUNBAR ELEMENTARY 212501 PESKOE K -8 (IRVING & BEATRICE) 1115012 PALM SPRINGS MIDDLE CHILLER 1115023 AVOCADO ELEMENTARY 714 - South Miami 211414 DISON PARK GAZEBOS 4021- CITY OF SOUTH M 211704 DANTE BASKETBALL 4087 - GILBERT PORTER 211411 GILBERT PORTER 5TH GRADE 211412 GILBERT PORTER BENCHES 7022 - TOWN OF DAVIE 211702 DAVIE FIRE STATION 65 211703 DAVIE POLES FIRE RESCUE #104 211707 DAVIE ARENA BLEACHERS REPAIRS 211708 DAVIE ARROWHEAD GOLF COURSE 211709 DAVIE FIRE STA 104 DOORS 211710 DAVIE PORTABLES ARROW GOLF 211711 DAVIE FIRE STATION 65 SHOWERS 211712 DAVIE DOOR CLOSETS 211713 DAVIE RAILINGS Job# Job Name 212410 METROZOO PICNIC TABLES 212201 NORTH 911 RELIC 212607 NORTH FORK ELEMENTARY 212603 GATOR RUN ELEMENTARY 3 -5 212604 HOLLYWOOD CENTRAL K -2 212605 GATOR RUN PLAYGROUND 212606 WATKINS ELEMENTARY 212517 KROP SENIOR 212700 DAVIE PINE ISLAND ADA DOORS 212704 DAVIE PINE ISLAND PRESS BOX 212408 BLAKE ACADEMY PLAYGROUND 212706 DR. MIKE BUSMAN REPAIRS Client Contract Signer 100 - MIAMI DADE PARK 200 - MDCC 500 - BROWARD SCHOOL 501- MIAMI -DADE SCHOOL 05/29/2012 7022 - TOWN OF DAVIE 11/23/2011 09/19/2012 7030 -SCHOOL POLK COUNTY 7048 - MIKE BUSMAN N m 0 0 N Z W cr- D U +� � I °o, °o, °o °o : 'et ui . ui 0 � 01 01 Ol 0) Ol: 0) lD lD a N N M M �j ri ri f6 C O U -a a, c ao in c� u° 1 c a W 0 Q C � cu 0 0 I 1 .0 U a Z C� C 0' U n O ri °0 000 o0 0 0.O O O O O O O Ln O O u1 N 0 :O N 01 O O 0) lD Nd N N M 0 0l 0 0� 0 0 0 0; 0 O, O o O O o 0 0 0 0.01 0 0 01010 0 0 0 0 0 0 0 0.0 0 0 0'0 0 0 0 0 0 0:0 0 0 0 00 O O d' u1 I� O O M. 0) 01 I� ri N 1- lD . O 0 0 0 0 0 0. 0 Ln Ln M 00 * 0O 0O: O 01 M N N Ln lD I- N O O O O O O O O Dti Op 0p LD LO r-I � -0. -t H u) N O O N O 0.0 '� u) u1 O O I- 00 00 M : O lD O lD Ln O 0) 00 M CO 00 N 'q lD W lD M 0) 00 u1 In I� 1� 1� m OIt* m m m M m Ln m w w 1- Lr r- 01 o0 Lff r- M M 00 01 0) Ln Rt lD V 00 00 I- � I l0 e 00 w r1 000 r4; H L0fl 'a M N I 0. D u -i V) 0 8I `��III —iI �II�— ��I��I�I u� of 0 �� W W o� W 0 o Z 0 Q ii Q I w u o oz Q 8I `��III —iI �II�— ��I��I�I o� I z a z a ��3o z N as =�'z Qagz�a Q W N Y Ln LUC Z O J O Q_ o Z W Y W fn N = Z G WWC 0 W U Z W J J Ln Ln Y O 0 CWC J N G J J W W W J M W C W '. J J Q� W 0 J N �. W O 0 W M L j = Q J w W W (7 Q �: �. u-, a m a a J z 3 N 3,3 w 0 Q (D w d,w w W Z Z w W m m W= 7> 0 L U Z cr O Y i J J _ > U` O O J J Q o Q o 0 o J J Y a N Z Z Q 'w g Y Ln z Ln O J_ J_ Q Q Q Q Q a J = =:Q O O Q W a. a,0 =1 0.0 D_ Ln d = J U U 10- Z N d L/ 1 In U Z Z J O! 00 0 O r-I N M LD 1� 00 0) O M O ri N Ll1 N D lD r-I lD lOD IOD� tDD lOD lOD c lOD lOD w lD Ln O� LA Lrl ri ri r-I r-I r-I i r'I r•I ri ri r-I ri ri ri : ri r-I ri ri ri r-I ri ri N N N N N N N N N N N N N N N N N N N N N of �� W O o� o Z Ln cz w u o oz Q � J � Q In Z J N '. D O = J •LLB W Wi F- ln'0 = a =:Q = U aZ 0 = U 2 l7 Z (rj Y i 0~G O N Q Z 0 p Z 00'C) �0 0 O rI ri N1N N ri e-i : ri I ri ri . ri o� I z a z a ��3o z N as =�'z Qagz�a Q W N Y Ln LUC Z O J O Q_ o Z W Y W fn N = Z G WWC 0 W U Z W J J Ln Ln Y O 0 CWC J N G J J W W W J M W C W '. J J Q� W 0 J N �. W O 0 W M L j = Q J w W W (7 Q �: �. u-, a m a a J z 3 N 3,3 w 0 Q (D w d,w w W Z Z w W m m W= 7> 0 L U Z cr O Y i J J _ > U` O O J J Q o Q o 0 o J J Y a N Z Z Q 'w g Y Ln z Ln O J_ J_ Q Q Q Q Q a J = =:Q O O Q W a. a,0 =1 0.0 D_ Ln d = J U U 10- Z N d L/ 1 In U Z Z J O! 00 0 O r-I N M LD 1� 00 0) O M O ri N Ll1 N D lD r-I lD lOD IOD� tDD lOD lOD c lOD lOD w lD Ln O� LA Lrl ri ri r-I r-I r-I i r'I r•I ri ri r-I ri ri ri : ri r-I ri ri ri r-I ri ri N N N N N N N N N N N N N N N N N N N N N 12. Have you ever defaulted on a Contract? 7Yd Please explain on a separate sheet. 13. Through what personnel or affiliations do you propose to provide knowledge of local design and construction problems and methods? � - At) us<_ — 14. a) The undersigned has attached a detailed financial statement and furnish any other information that may be required by Miami -Dade Office of Community and Economic Development? (in a The Bidder promises to defend, indemnify and hold harmless the Z'i -so cj/h /Y (agency name) and Miami -Dade County with regard to any disclosures or information receiv_ed ether at trial, in arbitration or on appeal_ Ri e 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on y of the submitted financial statement. 17. The undersigned hereby authorizes and requests any person, firm, corporati5p, or governmental unit, to furnish any information requested by the (name of agency) in verification of the recitals comprising this statement of bidder's experience , :�• v SUBSCRIBED AND .SW6.f" T. or f armed) before me on OJ? A i Date - -- - ~' "` By 6 n/S en . He /She is personally known to me or has presented (Affiant) �,2 c ors.Cti� /�i �� ,;I J�o as identification. (Type o0dentification) ) Si nature of Notary Number E O (s ry}rC - r ( Print or Stamp Name of Notary) (Expiration Date) 7% �A ( p PEDRO J. GOMEZ Notary +� MY COMMISSION#EE2 Wa Seal •0. EXPIRES: July 7, Public Rf } ., Bonded Thru Notary Public Underwriters Page a of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County PHCD Page 5 EFm 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) conceming the project Sidewalk Repair at Marshall Williamson Park (Name of protect) 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 FL140168 2 02/21/2014 FL168- Heav 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 FL140168 2 02121/2014 FL168 — Heaw for this project. Agency Name: Employer ID #1FID #: ZE-�9fJLf/ (,SO /7o '� S-6 Full Address (including City, ST and Zip) and Email Address C'0 C' C/ 4 h C/, l Q sr� / Z' 6- 3 3 fS r Authorized Signature: f. Print Name: Title: ChecOne, as applicable: i/ Contractor Subcontractor Other 4 - CERTIFICATION RECEIPT MIMI -Dade County PHCD Page 6 General Decision Number: FL140168 02/21/2014 FL168 Superseded General Decision Number: FL20130168 State: Florida Construction Type: Heavy County: Miami -Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number 0 1 2 ELEC0349 -007 09/01/2012 Publication Date 01/03/2014 02/07/2014 02/21/2014 Rates Fringes ELECTRICIAN Total value of Electrical work on Project including materials over $2,000,000...$ 30.11 9.56 Total value of Electrical work on Project including materials under $2,000,000..$ 27.15 9.1B ENG10487 -017 07/01/2013 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) ....................$ 28.32 8.80 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (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 ..................$ 29.05 8.80 Cranes with Boom Length http://wdoI.gov/wdol/scafiles/davisbacon/FLI 6 $ . dvb ?v=2 Page 1 of 5 ?1812014 Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler /Apprentice); Boom Truck .......................$ 28.32 8.80 OPERATOR: Drill .................$ 25.80 8.80 OPERATOR: Loader ................$ 25.64 8.80 OPERATOR: Oiler .............. ....$ 22.99 8.80 IRON0272 -005 04/01/2013 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 23.59 5.93 LABO1652 -004 03/15/2013 Rates Fringes LABORER: Grade Checker .......... $ 14.50 4.67 * PAIN0365 -007 08/01/2013 -- -- Rates - - - - - Fringes PAINTER: Brush, Roller and Page 2 of 5 Spray ............................$ 19.50 8.93 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 2,4457-- OPERATOR: Bulldozer.. ..........$ 14.95 0.'B1 OPERATOR: Excavator .............$ 21.16 1.67 OPERATOR: Grader/Blade .......... $ 16.00 2.84 OPERATOR: Mechanic ............... $ 14.32 0.00 OPERATOR: Roller ................$ 10.95 0.00 r r bttp:// wdol. gov/ wdol/scafiles /davisbacon/FL168.dvb ?v--2 ' 3/18/2014 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 "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198 -005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate /collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually http://wdol.gov/wdol/scafiles/davisbacon/FL168.dvb?v=2 Page 3 of 5 3/18/2014 Page 4 of 5 each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004 -007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 001' i� 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 200 Constitution Avenue, N.W. http: / /wdol.gov /wdol /scafiles /davisbacon/FL 168.dvb ?v=2 S/18/2014 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--2 Page 5 of 5 Vf1' 3/18/2014 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract perlalns Is being assisted by the United States of America and the following Federal Labor Standards Provisions are Included In this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed, at rates not less than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided In 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent In each classification In which work is performed. The wage determination (Including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(II) and the Davis - Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers, (11) (a) Any class of laborers or mechanics which Is not listed in the wage determination and which is to be employed under the contract shell be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: Previous editions are obsolete U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification In the wage determination; and (2) The classification is utilized In the area by the construction Industry; and (3) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination. (b) If the contractor and the laborers and mechanics to be employed In the classification (if known), or their representatives, and HUD or Its designee agree on the classification and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or Its designee or will notify HUD or Its designee within_ the. 30 -day period that additional tine Is- necessary. -- (Ap pro ved-- by- th-e-- Offl-ce bf —" 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 addltional 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)(11)(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. (Ili) 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 Page 1 of 5 HUD-4010 (06/2009) ref, Handbook 1344.1 1/2, 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 bean 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 withhold 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 flnanclaily 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)(1) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an Individually Identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH -347 Is available for this purpose from the Wage and Hour Division Web site at htto://www.dol.covlesalwhdlformslwh347instr.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: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(11), the appropriate information Is being maintained under 29 CFR 5.5(a)(3)(I), and that such Information is correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from -the full wages earned, other then 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.(11)(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 16 and Section 231 of Title 31 of the United Slates Code. (iii) The contractor or subcontractor shall make the records required under sub ara r A 'AJIJ available for ----- -inspection; copying; - --or -transcription - by -- authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to Interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered ' in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or If a person Is employed In his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who Is not individually registered In the program, but who has been certlfled by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program, Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete F Is not registered or otherwise employed as stated above, shall be paid not less then 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 fog 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 subcoIractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specifld'd 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 class lflcation;- fringes - shall -be pald -in -- accordance -with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (11) Trainees. Except as provided In 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant 'Jo and individually registered In a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved ' by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified In the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who Is not registered and participating In a training plan approved by form HUQ -4010 (0612009) 'age 3 of 5 ref, Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (111) 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 G. Subcontracts. The contractor or subcontractor will Insert In any subcontracts the clauses contained In svb1Ymag a-phs• 1-ihrovg -h I' n-this- eragFa -h 4 -efld -s -uefi-- 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 terminatlon; 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. Ali rulings and Interpretations of the Davis -Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are herein incorporated by reference In this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved In accordance with the procedures of the Department of Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering Into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm Is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (II) No part of this contract shall be subcontracted to any person or firm Ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 6.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (Ili) 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 flied any �emplaiFll— of— Ins ad -- or• - caused-- t""nsUtuted 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 limes 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 shalt be computed with respect to each individual laborer or mechanic, Including watchmen and guards, employed In violation of the clause set forth in subparagraph (1) of this paragraph, In the sum of $10 foreach calendar day on which such individual was required or permitted to work In excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (0612009) Page 4 of 5 ref. Handbook 1344.1 51A, (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages end 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 subparegraphs (1) through (4) of this paragraph. G- --1aaHh- a- sd- 5•afely ha proriatona o_f thlavparsgrapir a -- - - — - - -- • -- — applicable where the amo unt 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 safely 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 1928 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91 -54, 83 Stat 98). 40. USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. editions are obsolete forth HUD-4010 (08!2009) Page 5 of 5 ref. Handbook 1344.1 I INSURANCE REQUIREMENTS The term "Contractor", as used in this document, refers to the entity providing construction type services. The terms 'owner" and "sub- recipient" are used interchangeably, and refer to the entity receiving f=ederal funds directly from PHCD. Based on the type of project, the Contractor shall acquire the,following insurance and submit necessary certificate(s) and original policies described hereunder. Q A. New Construction projects include construction of a new building; addition of dwelling units outside the existing walls of a structure, etc. B. Major Rehabilitation includes additions to existing buildings; installation of new infrastructure; rehabilitation of existing structures (costs at or over 25% of the value of the property), etc. C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures — moderate home rehab; repairs and rehab to homes such as installation of new windows, shutters, doors, interior renovation, (costs not to exceed 25% of the value of the property); and the actual acquisition of land and for the purpose of developing affordable housing units (does not include actual construction of the units). D. Commercial Revitalization includes rehab to the fagade of existing structures to enhance the neighborhood and its surroundings. II. Insurance required by project type: PROJECT TYPE REQUIRED CERTIFICATE(S) OF INSURANCE A. New Construction B. Major Rehabilitation Workers Compensation Insurance- for all employees or the C. Minor Rehabilitation and Land Acquisition Contractor as required by Florida Statute 440, D. Commercial Revitalization A. New Construction Professional Liability Insurance- in the name of the Contractor or the B. Major Rehabilitation licensed design professional employed by the Proposer in an amount of not less than $250,000. Commercial General Liability — on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount D. Commercial Revitalization not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. Commercial General Liability — on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount C. Minor Rehabilitation and Land Acquisition not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. Commercial General Liability — on a comprehensive basis, including A. New Construction Explosion, Collapse and Underground Liability coverage in an amount B. Major Rehabilitation not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. A. New Construction Automobile Liability Insurance- covering all owned, non -owned and B. Major Rehabilitation hired vehicles used in connection with the work, in an amount not less C. Minor Rehabilltation and Land Aoquisition than $500,000 combined single limit per occurrence for bodily injury and D. Commercial Revitalization property damage. Completed Value Builder's Risk Insurance- on al All Risk" basis in A. New Construction an amount not less than one hundred (100 %) percent of the insurable B. Major Rehabilitation value of the building(s) or structure(s). The policy shall be in the name of the sub - recipient and the Contractor, and Miami -Dade County must be listed as a loss pgoe. All insurance requirements must be verified at the time of the pre- construction meeting. Paget of 2 e - INSURANCE REQUIREMENTS Mlami -Dade County PH CD Page 7 Ill. 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, 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 ry 6 - INSURANCE REQUIREMENTS I Miami -Dade Court/ PNCD y Page 8 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS A. "DAVIS- BACON" ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis -Bacon Act (40 USC 276a to a -7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not- less than the minimum wages specked 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 FL140168 2 02/28/2014 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: 1. Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor /Owner upon no less than ten (10) working days' notice when the Principal Contractor /Owner determines that it would be in the best interest of the Principal Contractor /Owner and the Public Housing and Community Development (PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delive ni a Page 1 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS j MIamFDade County PHCD r 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 author' authordy to determine whether or not funds are available. The Principal Contractor /Owner may at its discretion terminate, renegotiate and/or �adjust-the-contract award whichever is in the best interest of the Principal Contractor /Owner. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor /Owner through Board of County Commissioners' action, the Principal Contractor /Owner may, at its discretion, request in writing from the Director of PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor /Owner may terminate this contract, in whole or in part, when the Principal Contractor /Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor /Owner in writing, the Principal Contractor /Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty -four (24) hours' notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's /Owner's right to legal or equitable remedies. Page 2 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Klaml -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 rltwithstanding, any individual or entity who attempts to meet it contractual obligations Pith the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami -Dade Public Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Page 3 of 3 7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miaml -Dade County PHCD Page 11 NONCOLLUSION AFFIDAVIT STATE OF: /Z7 LO/Z /'o fil- COUNTY OF: -� - F12Q Y9 J e- , being first duly swom, deposes and says that: (1) jjp1she is, -Z e? 5r de. of L�QC1 e�[ ?r.r r Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and'is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a — collusive ors am I -Hl tonne Ion-w a contractor-tor w is - e -a ac e 1 as eery - submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid pric or. the. Bid �arige of. any other Bidder, or to- secure through advantage against the �,i Ti'5 =.•'f 6 � 1. (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. SIGNED��'-- le SuOWbed and sworn -t before r�e this I ? day of A0,1!(- (- , 2 O-L Ll a PEDRO J. GOMEZ S r` MY COMMISSION # EE 007042 EXPIRES: July 7, 2014 Bonded Thtu Notary Publlc Underwrllers My commission expires: u 8 • NONCOLLUSION AFFIDAVIT MlarnWade County PHCD Page 12 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements in excess of $100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less ton $10,000 and not more than $100,000 for each such failure. Print: �rZ 6 V/c -,T iN 5"E ol J9• E Title: Date: 1 7 Business Address: _ --2 / •_� L / < J� r I 9- CERTIFICATION REGARDING LOBBYING Miami-Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each, of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 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 speck attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: meeting or EEO officer's meetings with supervisors to informs them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow -up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the- street applicant and m1hority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. I� Irdt1�IA Page 1 of 5 10 - AFFIRMATIVE ACTION STANDARDS Mlami -Dada 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. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply . copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. nitlars Page 2of5 Jo - AFFIRMATIVE ACTION STANDARDS Mlaml -Dade County PHCD Page. 15 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with 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 iinajof con�fact; to all recruiting soeirces -( including labor` 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. �InWall; Pape 3 of 5 10 -AFFIRMATIVE ACTION STANDARDS MW6 -Dade County PHCO Page 16 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. � kiwis Page 4 of 5 10 -AFFIRMATIVE ACTION STANDARDS Miami -Dade County PHCD Page 17 To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction cor4ractors and suppliers, including circulation of solicitations to minority and women's contractorassoclations and other business associations. .a 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. 1 -6-- C- onitraetors must— conduct -a- review,- at Aeast annually, of all supervisors— adherence --to- -a 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. nVAa s Page 5 Or 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 ahas not ( ), participated in a previous contract or subcontract su ,bject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has t/) has not ( ) developed a wry n 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 Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) Gof S b' ✓ -6 57 " �rn/ IC L- -3 Authorized Signature: Print Name: Check one, as applicable: "'ZCbntractor Subcontractor Other Title: .5idey 11 - CERTIFICATION OF COMPLIANCE WITH PART 60 -2 AFFIRMATIVE ACTION PROGRAMS Miami-Dade County PHCD Page 19 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has V! , 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. 0925, or the clause contained in Section 201 of Executive Order No. 11114; that it has J , 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 and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60 -1 and 60-2), or (b) it has not _ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI - KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti- Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti - Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1 of 3 12 - OTHER CERTIFICATIONS MIarnWade 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 sub ission of an offer, the bidder certifies that it has provided full disclosure in writing to i 6 lyl:A►.v (name of implementing agency) whether as of the anticipateb time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami -Dade County By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to CZ2tt .Se -)/[,* M ate- (name of implementing agency) as to whether as of the time of 6ward 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 r MIamFDade 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: Em to er ID #IFID #: Cd Full Address (including City, ST and Zip) co Authorized Authorized Signature; Print Name: Title: Check ane, as applicable: Contractor Subcontractor Other Page 3 of 3 12 - OTHER CERTIFICATIONS Mfarn -Dade County PHCD Page 22 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; 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 Mleml -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 speck grant: Place of Performance (Street address, city, county, state, zip code) ,/}7fj25�fiGC. Wi, C4iqrt9S ©i ✓(f:3�I /� %a.Sr��(o�iS. - - - - -- - -- - - - -- -- - �, W. _ Check ❑ if there are workplaces on file that are not identified here. 33 Agency Name: Employer-1131 #/FID #: .0 c r ��ro- a F-S` ! 7 D/ _SZ Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Ar r!' C ltd Sic��,w f c^ Chec one, as applicable: 2Contractor Subcontractor Other Page 2 of 2 13 -CERTIFICATION REGARDING DRUG -FREE WORKPLACE Page 24 Miami-Dade County PHCD ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be givenOto 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 subsfan-b-al part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: C 2 6—?—V SIGNATURE: ADDRESS: DATE.: 14 - ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) Miami -Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph (a) and the availability of eligible 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: L Insertion in the bid documents, . if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. Itl. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide prior to the signing of the contract a preliminary statement of work force needs (skilled, semi - skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. A Page 1 of 2 15 - SECTION 3 REQUIREMENTS Miami -Dade County PHCD Page 26 Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3, please contact: Norissa Nelson, Resident Services Coordinator Public Housing and Community Development 701 NW 1gt Court, 14th Floor Miami, Florida 33136 Office: 786- 469 -4162 Email: Section 3 aamiamidade.gov 1 In Lit rar5 Page 2 of 2 15 - SECTION 3 REQUIREMENTS Miaml -Dade County PHCD page 27 SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD - assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the worts site where both employees and applicants for training preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 18 - SECTION 3 CLAUSE MIwnWada County PHCD Page 28 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be �';1 )J 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. i 3. Of these new employees, the Bidder plans to hire at least = percent N 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 lZ q,Yx- �jr , ,1e) l w cs (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 Housing and Community Development. Agency Name: Em lv er ID #/FID #: Full Address (including City, ST and Zip) 57 1 4PI /'0 1w 2 3 Authorized Signature: Print Name: Title: Checl( one, as applicable: V Contractor Subcontractor Other 17 - BIDDER'S INITIAL SECTION 3 GOALS Miami -Dade County PHCD Page 29 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below: 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. person to whom this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered transactions, Page 1 of3 18 -CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED DVERED TRANSACTIONS Miaml -Dade County PHCD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its. principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or Page 2 of 3 18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWERTIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, that: 1.6 ;:e) Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any I Federal department or agency. 2, Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Em In er ID WFID #: Full Address (including City, ST and Zip) Authorized Signature: 6 Q/ SW 6 S 7 / c Prin# Name: Title• j • 1 �7r'OFT C G Chec e, as applicable: Contractor Subcontractor Other /Z ew Page 3 o13 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. Name: Employer ID WF1D #: Full Address (including City, ST and Zip) Authorized Signature: I Print Name: Title- Ch 7 k one, as applicable: V Contractor Subcontractor Other 19- EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Mfaml -Dade County PHCD Page 33 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: i. recruitment, advertising, and job application procedures; ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of 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 vii. selection and financial support for training, including apprenticeship, and on the -job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the -placing of a bona fide job order, including the acceptance of referrals of veterans and non - veterans. The listing of employment openings does. not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 1 of 3 2o-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA ri Miami -Dade County PHCD Page 34 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: I. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full -time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department -of subdivig erti ; an who cli-sTa-marily and regu a y lrec s 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. 1 Page 2 of 3 20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA MlamWade County PHCD Page 35 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who • are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). + 10) The Contractor will notify each labor union or representative of workers iyith 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. Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance. Agency Name: Employer ID WFID #: 4E-19J9E,-,Z (fCy�Zp_eWO -200 9771) Full Address (including City, ST and Zip) o� �o� .s I�✓ �- � ' �' it Authorized Signature: r `�'. fir Print Name: Title: �t2c �� J • f� t�?r� cc- I? t . � �� S �c.�� -� Chec ne, as applicable: Contractor Subcontractor Other Pape 303 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; A. 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 xiv. Leaves of absence, sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3) In the event of the Contractor's non - compliance with the requirements of this clause, actions for non - compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Page 1 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami -Dade County 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 #: 6-s_ e) / 70 r S7> Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Chec one, as applicable: Contractor Subcontractor Other Page 2 of 2 21 - EQUAL OPPORTUNITY FOR WORKERS WrrH DISABILITIES Miami -Dade County PHCO Page 38 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY ORDER 11246 60-4.2 (d) THE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as follows; A. GOALS FOR MINORITY UTILIZATION, All Trades: Area Covered: Dade County, Florida Goals and Timetables * Timetable Trade Goal Until Further Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. aw. ti Page 1 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11248) Miaml -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 affrmative action obligations required by the. specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work y name, address and 'telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami -Dade County. Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. itlals Pape 2 of 10 22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11248) Miami -Dade County PHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, .color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of 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. Initials 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. - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). - Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Fals Page 4 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Mlaml- Dade.County PNCD Page 42 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all worts 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 EtQ-+:clause, and to make a good faith effort to achieve each goal under the P.an 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 female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: :a r nitlala Page 5 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11248) 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 organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on- the -job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. �A �INal6 Page a of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11248) Mlaml -Dade County PHCD Page 44 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 66 -3. r { Initkala Page 7 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Mlaml -Dade County PHCD Page 45 I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that 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, .i�necrlruzding circulation of solicitations to minority and female - " --"GQn }�a6ati ns and associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (7) a. through (7) p. The efforts of a contractor association, joint contractor- union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7) a. through (7) p, of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Page 8 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, -however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these — -- speeific-ativrts and of 4-he Equal--3pperttirti , .estudin- p ^n W termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the 'Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. I Ibfa Page 9 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami -Dade County PHCD Page 47 15. Nothing herein provided shall be construed as 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). r�I$ Pape 10 of 10 22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miaml -Dade Courtly PHCD Page 48 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11.246 _ The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are U GCLLCU UU4 It 9U Gi I I p]%Jr1 I IGI It rr ILI IWUL IVtp"Pv av a !...„ a....+.+, ...... I .'...-.., --- `^- •...... origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of 2 23 - EOUAL 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 Ipncompliance with the non - discrimination clauses of this contract or with any of suc0i 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 ---tmbrcrris��cfiu V 4" & , 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter in such litigation to protect the interests of the United States. By: Print: Title: /t Lo El we �✓ Date: t-/ // i Business Address: QC0/ 'S'r, ,j G -qlbC/ Pape 2 of 2 23 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 1124a Miami -Dade County PHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other - storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of- its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained cnct -n ro i ira tnnc mm nrnnrngP su cflrt ra ors or Wecific !me cerlo S ) it will: a, Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: - Print:iZ Title: Date: _ �� Z/ L Business Address: C S L& 6 �Cz,33 /s5 Page 51