OPC Builders ITQ PR2014 05 4.18.140 CITY OF SOUTH M AM I srudh Miami
Item Description
4 INVITATION TO QUOTE
Qty
^ ITQ #PR- 2014 -05 lI
:lu LUMP SUM PROPOSAL ,!,
SUBMITTED TO: City Clerk PROJECT: Sidewalk Repair Marshall Williamson Park
NAME: Maria Menendez, CMC ADDRESS: 6130 Sunset Drive
ADDRESS: 6130 Sunset Drive CITY /STATE: South Miami, Fl 3143
CITY /STATE: Miami, Florida 33134 ISSUE DATE: Thursday, All 3, 2014
PHONE: 305- 663 -6339 EMAIL: skullek@southmiamifl.gov
MANDATORY PRE -QUOTE MEETING: Frklay,Aprij 11, 2024 at 10,00 AM DUE DATE: Frday, April 10, 2014 at 10.00 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:
LUMP SUM TOTAE
City of South Miami
Maria M. Menendez, CIVIC
6130'Sunset Drive
South Miami, Fl. 33143
Project Name: SIDEWALK REPAIR MARSHALL WILLIAMSON PARK
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
COMMUNITY DEVELOPMENT BLOCK GRANT (Exhibit 31
This project is funded through a federal grant, community Development Block Grant, (CDBG), through Miami -Dade County.
Proposers MUST comply with CDBG requirements. Refer to Exhibit 3 to Bid Package.
QUESTIONS:
Any Requests For additional Information or Questions must be In writing, emailed by 10:00 AM local time on April 16, 2014 to
the attention of Mr. Steven Ku lick, _Purchaslnit Manager at skuii_rk0southmlamifl.gay.
SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY):
Please Refer to the attached "Scope of Services"
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Item Number
Item Description
Unit
Qty
Amount
LUMP SUM TOTAL
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LUMP SUM TOTAE
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Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be
compensated according to the quote submitted. A Mandatory Pre -quote meeting is scheduled: Friday, April 11, 2014 at 10 AM
at City Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143. Contractor is responsible to secure all permits and
and should be reflected in the Lump Sum quote. Contractor may choose to submit a quote on company letterhead but must be
be attached with this form. Deadline to submit is: Friday, April 18, 2014 at 10 AM
PrintJType Name: Phone: �_£:._ ;;: { • f^ 1
Signature: Date:
E -mail: AF C J.. r_ ='..?r : s I %��. C'a -� ti, Fax: _ n :. R X 6, 3 t .1 0
Firm Name: �, j 1 rr.l 1. "r jF { F- t�_�,1r! I r C; � F.E.I.N. No.: Imo- I 1 1 1 L 1 iL IL1 �. -1�
Address: nt .'!': 'a!h �L : f -fiS ,�.','- I't: /� f- L- - - -.,I City: I Il ='= .l f State: _r I L->/A
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON - RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH
UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES 15 FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO
THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST.
Exhibit I
INSURANCE AND INDEMNIFICATION
1.1 Insurance -
A. Without limiting its liability, the vendor, contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) shall be required to procure and maintain at its own expense during
the life of the Contract, insurance of the types and in the minimum amounts stated
below as will protect the FIRM, from claims which may arise out of or result from
the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub - contractor, or by anyone directly
or indirectly employed by any of them or by anyone for whose acts any of them may
be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines
carrier unless authorized in writing by the CITY and such authorization shall be at
the CITY's sole and absolute discretion. The FIRM shall purchase insurance from
and shall maintain the insurance with a company or companies lawfully authorized to
sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may
arise out of or result from the FIRM's operations under the Contract and for which
the FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed; (b) claims for damages because of bodily
injury, occupational sickness or disease, or death of the FIRM's employees; (c)
claims for damages because of bodily injury, sickness or disease, or death of any
person other than the FIRM's employees; (d) claims for damages insured by usual
personal injury liability coverage; (e) claims for damages, other than to the Work
itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a
person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of completed
operations; and (h) claims involving contractual liability insurance applicable to the
FIRM's obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on
Florida approved forms and as set forth below:
A. Professional Liability Insurance on a Florida approved form in the amount
of $1,000,000 with deductible per claim if any, not to exceed 5% of the
Rev: 10/29/13
limit of liability providing for all sums which the FIRM shall become legally
obligated to pay as damages for claims arising out of the services or work
performed by the FIRM its agents, representatives, Sub- Contractors or
assigns, or by any person employed or retained by him in connection with
this Contact. This insurance shall be maintained for four years after
completion of the construction and acceptance of any Project covered by
this Contact. However, the FIRM may purchase Specific Project
Professional Liability Insurance, in the amount and under the terms
specified above, which is also acceptable.
B. Workers' Compensation Insurance at the statutory amount as to all
employees in compliance with the "Workers' Compensation Law" of the
State of Florida including Chapter 440, Florida Statutes, as presently
written or hereafter amended, and all applicable federal laws.
C. Commercial Comprehensive General Liability insurance with broad form
endorsement, as well as automobile liability, completed operations and
products liability, contractual liability, severability of interest with cross
liability provision, and personal injury and property damage liability with
limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
• Umbrella: $1,000,000 per claim
D. Umbrella Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance
policy but in the amount of $1,000,000 per claim and $2,000,000 Annual
Aggregate. Coverage must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and
must include:
(1) Premises and Operation
(2) Independent Contractors
(3) Products and /or Completed Operations Hazard
(4) Explosion, Collapse and Underground Hazard Coverage
(5) Broad Form Property Damage
(6) Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and /or indemnification
agreement.
(7) Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
Rev: 10/29/13
E. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00)
umbrella per occurrence combined single limit for Bodily Injury Liability
and Property Damage Liability. Umbrella coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
with the state of Florida, and must include:
(1) Owned Vehicles.
(2) Hired and Non -Owned Vehicles
(3) Employers' Non - Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above
and 5.4 below and substituting the word SUBCONTRACTOR for the word FIRM and
substituting the word FIRM for CITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure by the FIRM,
the FIRM shall maintain, with an Insurance Company or Insurance Companies
acceptable to the CITY, "Broad" form/All Risk Property Insurance on buildings and
structures, while in the course of construction, including foundations, additions,
attachments and all permanent fixtures belonging to and constituting a part of said
buildings or structures. The policy or policies shall also cover machinery, if the cost
of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must,
at all times, be at least equal to the replacement value of the insured property. The
policy shall be in the name of the CITY and the FIRM, as their interest may appear,
and shall also cover the interests of all Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this
coverage unless it would be clearly not applicable.
5.1 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to
provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract. The CITY shall have the option, but not
the duty, to pay any unpaid premium and the right to terminate or cancel the policy
thereafter without notice to FIRM or liability on the part of the CITY to the FIRM
for such cancellation.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
Rev: 10/29/13
C. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request
a copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the
CITY.
D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the
insurance agent or broker through whom the policy was obtained. The insurer shall
be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and
authorized to issue insurance in the State of Florida. All insurance policies must be
written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM
must provide a "certified copy" of the Policy (as defined in Article I of this
document) which shall include the declaration page and all required endorsements.
In addition, the FIRM shall deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(1) an endorsement to the policy stating:
"The City of South Miami is an additional named insured with the right but
not the obligation to pay any unpaid premium and providing that the city
does not have any duty or obligation to provide first notice of claim for any
liability it incurs and that arises out of the acts, omissions or operations of
the named insured. The insurer will pay all sums that the City of South
Miami becomes legally obligated to pay as damages because of `bodily
injury", 'property damage' , or "personal and advertising injury" and it will
provide to the City all of the coverage that is typically provided under the
standard Florida approved forms for commercial general liability coverage
A and coverage B ";
(2) an endorsement that states:
"This policy shall not be cancelled (including cancellation for non - payment of
premium), terminated or materially modified without first giving the City of
South Miami 20 days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of
delivery to the City."
6.1 Indemnification
A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm
which might arise during the work or event that is occurring on the CITY's property
due to the negligence or other fault of the FIRM or anyone acting through or on
behalf of the FIRM.
Rev: 10/29/13
B. The FIRM agrees to indemnify, defend, save and hold CITY, its officers, affiliates,
employees, successors and assigns, harmless from any and all damages, claims,
liability, losses, claims, demands, suits, fines, judgments or cost and expenses,
including reasonable attorney's fees incidental there to, which may be suffered by, or
accrued against, charged to or recoverable from the City of South Miami, its officers,
affiliates, employees, successors and assigns, by reason of any causes of actions or
claim of any kind or nature, including claims for injury to, or death of any person or
persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of
the FIRM, its contractor /subcontractor or any of their officers, directors, agents,
representatives, employees, or assigns, or anyone acting through or on behalf of any
of them, which arises out of or is concerning the use of CITY property or the
service, operation or performance of any work that is being performed for the CITY
or of any event that is occurring on the CITY's property.
C. The FIRM shall pay all losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and /or its affected
officers, affiliates, employees, successors and assigns, including their attorney's fees,
in the defense of any action in law or equity brought against them.
D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such claims which may result from or
arise out of actions or omissions of the FIRM, its contractor /subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them, and arising out of or concerning the work or event that is
occurring on the CITY's property. In reviewing, approving or rejecting any
submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or
liability for the acts or omissions of the FIRM, its contractor /subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of them.
E. The FIRM has the duty to provide a defense with an attorney or law firm approved
by the City of South Miami, which approval will not be unreasonably withheld.
Rev: 10/29/13
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 individuals) /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.
S. 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 #1 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 on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of Section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner,
associate or agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to C-1 T Y OF SUU TFI M IAA l I
[print name of the public entity]
by l'. I ST O CH E42- I;E5 1✓R.CT
[print individual's name and title]
for 0 » PO) rI'r ►r!C
[print name of entity submitting sworn statement]
whose business address is i' 4 o ST STE -2-v,2-
M I A P-I, I�
and (if applicable) its Federal Employer Identification Number (FEIN) is i I
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: )
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
limited to , any bid 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 1, 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
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July I, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. {attach a copy of the final order.]
Page 3of10
Continuation of 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.
[si8natur
Sworn to and subscribed before me this day of 20 14
Personally known or
Produced identification Notary Public — State of
My commission expires JLA t.L-A
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06/ 1 1 /92)
ELIZABETH MCOUFFIN
} r r ^
_. Notary Public - State of Florid
My Comm. Explres Jul 21, 2c
Commission #F FF 03799
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 that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (1).
4. In the statement specified in Subsection (1), notify the employees, that, as a condition of
working 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.
b. 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
Signature: .�—.
Print Name: G H R l 5 °ro P)+I
F_'->eR -C__r
Date: f+ • I -7 . 14
Page 5 of 10
ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT"
Submitted this r 7*� day of A k ?Li L , 20 1 L�
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
The full -names and residences of persons and firms interested in the foregoing bid /proposal, as
principals, are as follows:
Name
Street Address
City
State
Zip
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.
7 `
Signature,����
Printed Name:
Title: I
Telephone:
305 , d 4 - C!�, 9�8 j
Company Name gyp)r4T CC_-!JG'r206Tics�Q.ItJC
Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification
Page 6 of 10
NOTARY PUBLIC:
STATE OF rL-042--I r>A
COUNTY OF ` A-D 6
The foregoing instrument was acknowledged before me this 1 -7 -ff' day of
Av . / L. , 20_L4, by R 1-5 70f E�, (name of
person whose signature is being notarized) who is
SEAL
V Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
Via, • a� ELItMEflIYPWr JFFIN
Nohfyfdit -SO of Floi r ,
" Wry Ceiwft'. FJI/Ifrt Jul 21 2'
Mme of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMELETE, SIGN, & R RN HIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 7 of 10
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
We, Ut-j I�gName 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):
1 h... ,
to comply with such act or regulation.
CONTRACTOR
BY: C-h r
Name
Pie s, `C2 e„ a-
Title
Witness
FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 8 of 10
ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
L' 024 S'I (:F – ekfF– � , individually and on behalf of U►,J 17b1 r-1) r W&64? T14-11
( "Firm ")have Name of Representative Company /Vendor /Entity 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 # 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.
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any
board, commission or agency of the City within the past two years other than as follows:
(if necessary use a separate sheet to supply
additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e.,
"see attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath).
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
(if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph 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
I S 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.
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: -2
Print Name & Title: e HP- IS-r0P1-+G�- ei-'ga
Date: 4 ' f -7
ATTACHED:
Sec. 8A -I - Conflict of interest and code of ethics ordinance.
Municode Page IOM
Sec. 8A -1. - 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 # 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 (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.
(I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
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.
(j) 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.
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 # 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 (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(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 ...11, 1969.
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.
g
CITY OF SOUTH MIAMI
EXHIBIT 3 TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND SECTION 3
REQUIREMENTS
INVITATION TO QUOTE:
"SIDEWALK REPAIR AT
MARSHALL WILLIAMSON PARK"
`PIJWC HOUSING, AND
COMMUNITY DEVELOPMENT
ATTACHMENT A
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND
SECTION 3 REQUIREMENTS
Agency, Name:
City of South Miami
Project Name:
Sidewalk Repair Marshall Williamson Park
Project Address:
6125 SW 68 Street, South Miami, FL 33143
Prepared by: Gathrine J Lara
0311812014
NOTICE TO BIDDERSIPROSPECTIVE CONTRACTOR 5
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)
Initials
2. NOTICE TO BIDDERSIPROSPECTIVE CONTRACTOR (S) [CDBG]
Miami -Fade County PHCD
Page 3
12. Have you ever defaulted on a Contract? ND 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?
CjjF SToQi2- 3c 2 C - R�5 f DG—►J w O� t� rr! ^c Ca.USil�lc rr
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?
3
nitiale)
The Bidder promises to defend, indemnify and hold harmless the
(agency name) and Miami-Dade County with regard to any disclosures or information
received, whether at trial, in arbitration or on appeal._
15. The Bidder authorizes any person, firm corporation, organization or governmental unit
to act on a copy of the submitted financial statement.
7
Un ny
17. The undersigned hereby authorizes and requests any person, firm, corporation, or
governmental unit, to furnish any information requested by the (name
of agency) in verification of the recitals comprising this statement of bidder's
experience
_.
C13
010als]
SUBSCRIBED AND SWORN TO (or affirmed) before me on 4 1 4
Date
By C*4V45 JoP+ff-12— He /She is personally known to me or has presented
(Affiant)
ED L_ as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp Name of Notary)
ELIZAKTH Mph
Notary N Notary Public • Sled ell frill
MY Comm. Expires Jul Z1, 2017
PUbIIC Commieeion FF 037W (State)
Page 2 of 2
3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
Miami -Dade County PHCD
Page 5
General Decision Number: FL140168 02/21/2014 FL3.68
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 Publication Date
0 01/03/2014
1 02/07/2014
2 02/21/203.4
ELEC0349 -007 09/01/2012
Rates
ELECTRICIAN
Total value of Electrical
work on'—f ro3 ect Including
materials over $2,000,000...$ 30.11
Total value of Electrical
work on Project including
materials under $2,000,000..$ 27.15
ENGI0487 -017 07/01/2013
Rates
OPERATOR: nackhoe (Except
Loader Combo) ....................$ 28.32
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; Hydra
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
Cranes with Boom Length
Fringes
9.56
9.18
Fringes
8.80
Page 1 of 5
http://wdol.gov/wdol/scafiles/da-visba.con/FL168.dvb?v=2 3/18/2014
Page 3 of 5
OPERATOR: Scraper ...............$ 11.00
OPERATOR: Txackhoe ..............$ 20.92
OPERATOR: Tractor.. ............ $ 10.54
TRUCK DRIVER, Includes Dump
Truck ............................$ 9.60
TRUCK DRIVER: Lowboy Truck ...... $ 12.73
TRUCK DRIVER: Off the Road
Truck........ I—— ..............$ 12.21
1 . '74
5.50
0.00
0.00
0.00
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.iri the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that 1nd.icate 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 Loral 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 3/18/2014
Page 5 of 5
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 3/19/2014
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
beneflts under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215 - 0140.)
2. Withholding. HUD or Its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withheld or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally- assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, Including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any _
laborer or mechanic. Including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or Its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (1) payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any
laborer or mechanic Include the amount of any costs
reasonably anticipated In providing benefits under a plan
or program described in Section I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated In writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost Incurred In providing such benefits,
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescrlbed In the
applicable programs, (Approved by the Office of
Management and Budget under OMB Control .Numbers
12150140 and 1215- 0017.)
(i1) (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
eaih employe (a.g., the 13sC four dfgits of Ihd amp oz'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
htfi)://www.dof,.Qovlesalwhdlform,slwh347instr.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)(h), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such Information Is
correct and complete;
ous editions are obsolete form HUD-4010 (06/2009)
Page 2 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,
(ill) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor Will
insert In any subcontracts the clauses contained In
•wb��agrapF+s - 4=- #;aro�g+x - 4- �k - -f�= this- pa�a��p#t -l�a� s�ah
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 tler
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses In this
paragraph,
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided In 29 CFR
5.12,
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference In this contract
9. Disputes concerning labor standards, Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved In
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of Its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an Interest In the
contractor's firm Is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate In HUD programs
pursuant to 24 CFR Part 24.
(Ii) No part of this contract shall be subcontracted to any
person or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24,
(it!) The penally 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 flned not more than $5,000 or imprisoned not
more than two years, or both,"
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or In any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
�aafnplao�- 6n.stilsttad= ot: cau�:ed- fsl- -1?:e- ins, {i�S�_d. -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 whare the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
forms "laborers" and "mechanics" include watchmen and guards.
(1) overtime requirements, No contractor or subcontractor
contracting for any part of the contract work which may require or
Involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual Is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half times the basic
rate of pay for all hours worked in excess' of 40 hours in such
workweek.
(2) violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) or this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
empioyed 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 aditlons are obsolete form HUD -4010 (0612009)
Page 4 of 5 ref. Handbook 1344.1
INSURANCE REQUIREMENTS
The term "Contractor' ", as used in this document, refers to the entity providing construction
type services, The terms "owner" and "sub- recipient" are used interchangeably, and refer
to the entity receiving Federal funds directly from PHCD.
Based on the type of project, the Contractor shall acquire the,following insurance and submit necessary
certificate(s) and original policies described hereunder.
A, New Construction projects include construction of a new building; addition of dwelling units outside the existing
walls of a structure, etc.
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.
H. Insurance required by project type:
PROJECT TYPE
REQUIRED CERTIFICATE(S) OF INSURANCE
A. New Construction
B. Major Rehabilitation
worker's Compensation Insurance- for all employees of 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, Mlami -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
Explosion, Collapse and Underground Liability coverage in an amount
New Construction
A. New
not less than $1,000,000 combined single limit per occurrence for bodily
B. Rehabilitation
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 Rehabilitation and Land Acquisition
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
an amount not less than one hundred (100 %) percent of the insurable
A. New Construction
value of the building(s) or structure(s). The policy shall be in the name
B, Major Rehabilitation
of the suh- recipient and the Contractor, and Miami -Dade County must
be listed as a loss payee.
All insurance requirements must be verified at the time of the pre - construction meeting.
Page 1 or2
6 - INSURANCE REQUIREMENTS
Mlaml -Dade County PHCD
Page 7
I PROVISIONS TO BE INCORPORATED IN CONSTRUCTION
CONTRACTS
A. "DAVIS- BACON" ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant program legislation, all construction contracts in excess of
$2,000 awarded by grantees and sub grantees shall include a provision for compliance with the
Davis -Bacon Act (40 USC 276a to a -7) as supplemented by Department of Labor regulations (29
CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and
mechanics at a rate not, less than the minimum wages specified in a wage determination made
by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage
determination issued by the Department of Labor for this solicitation and the award of the
contract shall be conditioned upon the acceptance of the attached wage determination.
Further, the provision listed below must be included in each set of bid documents and
incorporated in each contract, subcontract, and any lower -tier subcontract:
"The contractor hereby agrees that it will abide by the requirements of the Federal Labor
Standards Provisions issued by the United States Department of Housing and Urban
Development and described in Form HUD -4010 and those requirements contained in Wage
General Decision Number FL740168 2 0212812014 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 deliver
initials
Page 1 of 3
7- PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miami -Dade County PHCD
Page 9
6. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County, Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION
All official project records and documents must be maintained during the operation of this
project and for a period of three (3) years following close out in compliance with 4 NCAC 19L
Rule .0911, Recordkeeping.
The Miami -Dade Public Housing and Community Development, the U.S. Department of
Housing and Urban Development, and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any books, documents, papers
and records of the implementing agency which are pertinent to this contract, for the purpose
of making audits, examinations, excerpts and transcriptions in compliance with the above.
Initials
page 3 of 3
7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Mlarni -Dade County PIiCD
Page 11
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
>.. If any of the funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
uri�ersi� 'shad co�� 5ffc-rsubrnit - S'tar —T dad-F-o-rm�tL, -"D to _Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients
shall certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
By:�:fw��
Print:
Title: SRS l n£r�I i
Date: I1 14
Business Address: d 2 v-J 140 2-
�IAr,1IL�155
9- CERTIFICATION REGARDING LOBBYING
Miami -Dade County PHCD
Page 13
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
ttaase- far fari}s uasiad appE�v�d lay- the Department--of- L-abar= The. contractor- shalt - -provider
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 con all company bulletin boards (in the office and on all job sites); (c) put in
records, such as reports or diaries, that each minority and woman employee is aware of the policy
and that it has been discussed with them; (d) record that the policy has been discussed regularly at
staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f)
make copies of letters to unions and training programs requesting their cooperation in helping the
contractor meet its EEO obligations.
Initials
Page 2 of S
10 - AFFIRMATIVE ACTION STANDARDS
Miami -Dade County PHCD
Page 15
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.
Initials
Page 4 of 5
10 - AFFIRMATIVE ACTION STANDARDS
Mlami -Dade County PHCD
Page 17
CERTIFICATION OF COMPLIANCE WITH PART 60-2
AFFIRMATIVE ACTION PROGRAMS
The bidder represents that he has ( ) has not (V�, participated in a previous contract or
subcontract subject to the -Equal Opportunity Clause prescribed by Executive Order 11246;
that he has ( ) has not (�,A developed a written affirmative action compliance program for
each of his establishments; that he has ( ) has not ( vj; 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 NFID #:
ON CO1,-4T Gor4 6TP- OLTiUrJ ZI- II�,,27O
Full Address (including City, ST and Zip)
� 01.E S vJ 40 s+- # zO.-z
M I A —111 , -F L -3 ?a1 5 5
Authorized Signature, -
Print Name:
C- -I 5T 0 FBI -1
Check one, as applicable:
✓ Contractor
Subcontractor
Other
Title:
11 - CERTIFICATION OF COMPLIANCE WITH PART 60 -2
AFFIRMATIVE ACTION PROGRAMS
Miami -Dade County PHCD
Page 19
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 COUKTY AT TIME OF AWARD.
This certification applies to a contract or subcontract in excess of $25,000
By submission of an offer, the bidder certifies that it has provided full disclosure in writing to
(name of implementing agency) whether as of the
anticipated time of award of any contract resulting from this solicitation; it anticipates
that it or its principals will be debarred, or proposed for debarment by the Federal
Government,. State of Florida, or Miami -Dade County.
By commencing performance of the Contract work, the selected contractor certifies that it
has made full disclosure in writing to (name of implementing
agency) as to whether as of the time of award it or any of its principals is debarred,
suspended, or proposed for debarment by the Federal Government, State of Florida, or
Miami -Dade County.
G. NONDISCRIMINATION CLAUSE
Section 109, Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with funds available under Section 109,
Housing and Community Development Act of 1974.
Page 2 of 3
12 - OTHER CERTIFICATIONS
Miami -Dade County PHCD
Page 21
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;
_ (bystaylich to -on =going
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
Pagel of 2
13 - CERTIFICATION REGARDING DRUG -FREE WORKPLACE
Page 23
Miami -Dade County PHCD
ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C.
170U. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and contracts for work in
connection with the project be awarded to business concerns which are located in or owned
in substantial park 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 Irt sly Stan la parr y persons res :ding to the ar=ia
of the project; the making of a good faith effort, as defined by the regulation, to provide
training, employment and business opportunities required by Section 3; and incorporation of
the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for
work in connection with the project. The (applicant) (recipient) certifies and agrees that it is
under no contractual or other disability which would prevent it from complying with these
requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Secretary issued there under prior to approval by the
Government of the application for this (contract) (agreement), shall be a condition of the
Federal financial assistance provided to the project, binding upon the (applicant) (recipient),
its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)
(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions
specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR
Section 135
APPLICANT:
SIGNATURE:
ADDRESS: i V•. 12 i/J wit: `. 2[..
ha11,4a�1 1't--
DATE: 4, ri - 4
14 - ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
Miami -Dade County PHCD
Page 25
Applicant, recipient and contractors should insert plan for utilization of project area business in
the bid documents. The recipient must have indicated therein that Section 3 applies to the
project and what is expected of them. All contractors who bid a job just show in their bid what
they will do to implement Section 3. They must in this bid commit themselves to a goal and
show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a
commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged
nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and
Assurance of Compliance are made a part of all contracts.
In implementing its affirmative action plan, each applicant, recipient, contractor, or
subcontractor shall make a good faith effort to achieve its goal or target number and estimated
dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within
each category over the duration of the Section 3 covered project.
IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a
Section 3 covered project shall make a good faith effort to fill all vacant training and
occupational category positions with lower income project area residents.
For further information or If you have anv questions regarding Section 3, please contact:
Norissa Nelson, Resident Services Coordinator
Public Housing and Community Development
701 NW 15l Court, 10 Floor
Miami, Florida 33136
Office: 786- 468 -4162
Email: Section3(a)-miamidade.aov
Q, ws
Page 2 of 2
15- SECTION 3 REQUIREMENTS
Miami -Dade County PHCD
Page 27
BIDDER'S INITIAL SECTION 3 GOALS
1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of
1968, as amended.
2. The Bidder estimates that there will be new employees hired during the performance
of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to
delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category.
3. Of these new employees, the Bidder plans to hire at least _j9 —percent ( %) from the Section 3
Covered Area (Dade County, Florida).
4, The Bidder estimates that 100 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, C- f- t2- l6'0f7j- fG ->-- R-�Cr (please print), as an authorized Officer of the Bidder, do
hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban
Development Act of 1968, as amended, and will abide by them. We further agree to abide by this
Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the
contract, it necomes suaject to moniron
Housing and Community Development.
Agency Name: Employer ID #IFID #:
01,3 PO I t., I (C*4 S-r" eI o rJ I I 2`1– i 1 b 2 '1 D L`
Full Address (including City, ST and Zip)
IJ `1,2 SvJ 20 v
i
Authorized Signature :��"
Print Name:
Chet one, as applicable:
Contractor
Subcontractor
Other
Title:
17 - BIDDER'S INITIAL SECTION 3 GOALS
Miami -Dade County PHCD
Page 29
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
- - debsrmen
Page 2 of &
IS - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED
TRANSACTIONS
Miami -Dade County PHCD
Page 31
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:
V
Full! Address (including City, ST and Zip)
Emalover ID #IFID #:
Authorized Signature:
Print Name*
Chet one, as applicable:
Contractor
Subcontractor
Other
Title:
19- EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246
Miami -Dade County PHCD
Page 33
4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2
and 3 of this clause, it shall advise the employment service agency in each State where it has
establishments of the name and location of each hiring location in the state: Provided, that this
requirement shall not apply to state and local governmental contractors. As long as the
Contractor is contractually bound to these provisions and has so advised that state agency,
there is no need to advise the state agency of subsequent contracts. The Contractor may
advise the state agency when it is no longer bound by this contract clause.
5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment
openings which occur and are filed outside of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the Virgin Islands.
6) As used in this clause:
All employment openings includes all positions except executive and top management,
those positions that will be filled from within the contractor's organization, and positions
lasting three days or less. This term includes full -time employment, temporary employment
of more that three days' duration, and part time employment.
Executive and top management means any employee: (a) whose primary duty consists of
the management of the enterprise in which he or she is employed or of a customarily
.......y. r .,..«. »...,,.,... ....,.., ., m. .,... %I-, — ..� .0 1 ti&mr ly uiti vcw
the work of two or more other employees therein; and (c) who has the authority to hire or
fire other employees or whose suggestions and recommendations as to the hiring or firing
and as to the advancement and promotion or any other change of status of other
employees will be given particular weight; and (d) who customarily and regularly exercises
discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of
an employee or a retail or service establishment who does not devote as much as 40
percent, of his or her hours of work in the work week to activities which are not directly and
closely related to the performance of the work described in (a) through (d) of this paragraph
6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee
who is in sole charge of an independent branch establishment, or who owns at least a 20-
percent interest in the enterprise in which he or she is employed.
iii. Positions that will be filled from within the contractor's organization means employment
openings for which no consideration will be given to persons outside the contractor's
organization (including any affiliates, subsidiaries, and parent companies) and includes any
openings which the contractor proposes to fill from regularly established "recall" lists. The
exception does not apply to a particular opening once an employer decides to consider
applicants outside of his or her own organization.
7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
8) In the event of the Contractor's non - compliance with the requirements of this clause, actions for
non - compliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
Page 2 of 3
20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
MfamWade County PHCD
Page 35
EQUAL OPPORTUNITY I
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
��riptiort� tires t�f prvgress' � ;
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 oft
21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Miami -Dade County PHCD
Page 37
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
60-4.2 (d) THE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
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: bade 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.
c.
Initials
Page 1 of 10
22 -NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 39
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
1111 U4 V14 Ijr WF - - r.,w•-u-'" •.... --- $ .... - -. ,- _....._ ---
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.
Q11.
Page 3 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11245)
Mlaml -Dade County PHCD
Page 41
3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through 7p of these specifications. The goals set
forth in the solicitation from which this contract resulted are expressed as
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:
Initials
Page 5 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION To ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 43
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
+I...
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 60 -3.
Ca
Initials
Page 7 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 45
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
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.
3_
Initials
Page s Of To
22- NOTICE of REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11248)
Miami -Dade County PHCD
Page 47
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal employment opportunity clauses:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
Ll LrulM4 WWI 1...,. .... f I It.. I yr 111-OL r...��.l ww• •v.J, .... ... •... .. .......... ......... .... .�. .., .. �... -.. ......... -.....
origin; such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous place,
available to employee and applicants for employment, notices to be provided setting
forth the provision of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement to other contract or understanding, a notice to
be provided advising the said labor union or worker's representatives of the
contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The contractor will comply with all 'provisions of Executive Order 11246 of September
24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor.
Page 1 of 2
23- EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
Miaml -Dade County PHCD
Page 49
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
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
Print: C44 PL 1!5-T O-PIA E�V- '7
Title: i� I
Date: 4.
Business Address: g1 rl 2 5. y4 4U ` 0 -2,02
M 11A� M 1 F L 33i 5
Page 51
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
AND EPA REGULATIONS PROVISION
This agreement is subject to the requirements of the Clean Air Act,- as amended, 42 USC 1857 et
seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to
time.
The Contractor and any of its subcontractors for work funded under this Agreement which is in excess
of $100,000, agree to the following requirements:
1. Any facility to be utilized in the performance of this proposed contract has ( ), has not
() been listed on the Environmental Protection Agency List of Violating Facilities;
2. The contractor or any of its subcontractors agree to comply with all the requirements of
Section 114 of the Clean Air Act, as amended (42 ISC 1857c -8) and Section 308 of the
Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to
nape or-omo-rntor rtg,- ry, repo , and inf-oTmatrdn, as wail as aii affef reWrements
specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder;
3. The contractor or any of its subcontractors agree that, as a condition for the award of
the contract, prompt notice will be given of any notification received from the Director,
Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a
facility utilized or to be utilized for the contract is under consideration to be listed on the
EPA list of Violating Facilities; and
4. The Contractor or any of its subcontractors agree that he will include or cause to be
included the criteria and requirements in paragraph 1 through 4 of this section in every
nonexempt sub- contract and that the Contractor will take such action as the
Government may direct as a means of enforcing such provisions.
01,4 POI.'I CCrqsT�lmc -T►DnI
Name of Bidder
Authorized Signature
1-7
Date
26 - NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION
Miami -Dade County PNCD
Page 53
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
1. The applicant certifies that it and its principals.,
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three -year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
of Federal or State antitrust statutes or commission of em ben emerlt, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
2. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
ON 'w1Q -r Cct j5 iP-41cT-pri
Name of Bidder
Signature
4, 1-1, 1L�
Date
Official Address (including Zip Code)
g IL, `�j 2 � i� 4o `* # 20 2
28 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
Page 55
b) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another
person, A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues,
means any natural person or entity organized under the laws of any state or of the
United States within the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or entity. The term "person"
includes those officers, executives., partners, shareholders, employees, members, and
agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
V, Neither the entity submitting sworn statement, nor any of its officers, director,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order).
Page Z of 3
29 - PUBLIC ENTrrIY CRIMES AFFIDAVIT
Miami -Dade County PHCD
Page 57
Fom, W -8BEN Certificate of Foreign Statues of Beneficial Owner
(Rev. February 2006) for United States Tax Withholding OMB No. 1545 -1621
Department of the Treasury 1� Section references are to the Internal Revenue Code. * See separate instructions.
Internal Revenue Service ► Give this form to the withholding agent or payer. Do not send to the IRS.
Do not use this form for Instead, use Form:
• A U.S. citizen or other U.S, person, including a resident alien individual . . . . . . . . . . . . . . . . . . . . W -9
• A person claiming that Income is effectively connected with the conduct
of a trade or business in the United States . . . . . . . . . . . . . . . . . . . . . . W -BECI
• A foreign partnership, a foreign simple trust, or a foreign grantor trust (see instructions for exceptions) . . . . W -8ECI or W -81MY
• A foreign govemment, international brganization, foreign central bank of issue, foreign tax - exempt organization,
foreign private foundation, or government of a U.S. possession that received effectively connected income or that Is
claiming the Applicability, of section(s) 115(2), 501(c), 892, 895, or 1443(b) (see instructions) . . . . . . . . . .W -BECI or W -SEXP
Note: These entities should use Form W -88EN if they are claiming treaty benefits or are providing the form only to
claim they are a foreign person exempt from backup withholding.
• A person acting as an intermedlary , . . . , . . . . . . . . . . . . . . . . . . . . . . . W -BIMY
Note: See instructions for additional exceptions.
OU-11 Identification of Beneficial Owner See instructions.
1 Name of Individual or organization that is the beneficial owner 2 Country of Incorporation or organization
3 Type of beneficial owner: ❑ Individual ❑ Corporation y ❑ Disregarded entity ❑ Partnership U Simple trust
❑ Grantor trust ❑ Complex trust ❑ Estate ❑ Government ❑ international organization
❑ Central bank of Issue ❑ Tax exam or arrkatlort ❑ Private foundation _
4 Permanent residence address (street, apt. or suite no., or rural route). Do not use a P.O. box or In- care -of address.
City or town, state or province. Include postal code where appropriate. Country (do not abbreviate)
5 Mailing address (if different from above)
City or town, state or province. Include postal code wh a app rl a. - Country (do not abbreviate)
6 U.S. taxpayer identification number, If required (see Instru tions) 7 Foreign tax identifying number, if any (optional)
❑ Nor N ❑ EIN
B Reference nuniber(s) (see instructions)
Claim of Tax Tree Benefits i _cable
9 1 certify that (check all that apply):
a ❑ The beneficial owner is a resident of ..... .. . .. ....... _ ----- _ ---- - - -- _ _ _within ths'meaning of the income tax treaty between the United States and that country.
b ❑ If required, the U.S. taxpayer idantifi -on niter a stated of fine 6 (see instructions).
c ❑ The beneficial owner is not an indlvid t deriv th item (or ite ) of income for which the treaty benefits are claimed, and, if
applicable, meets the requirements of t treaty p ion dealing with limitation on benefits (see instructions).
d ❑ The beneficial owner is not an individual, s claiming treaty benefits for dividends received from a foreign corporation or interest from a
U:S. trade or business of a foreign corptx ti 5. and meets qualified resident status (see instructions).
e El The beneficial owner is related to the obligated to pay the income within the meaning of section 267(b) or 707(b), and will file
Form 8833 if the amount subject to withholding received during a calendar year exceeds, in the aggregate, $500,000.
10 Special rates and conditions (if applicable —see instructions): The beneficial owner is claiming the provisions of Article . ...... ......of the
treaty identified on line 9a above to claim a ____ __ _ __ _____% rate of withholding on (specify type of Income):.. __ _--- . - - - -. -------------- .
Explain the reasons the beneficial owner meets the terms of the treaty article: _._- __________________ _.. -- ............. .........
Notional Principal Contracts
11 ❑ I have provided or will provide a statement that identifies those notional principal contracts from which the income is not effectively
connected with the conduct of a trade or business in the United States. I agree to update this statement as required.
Certificatlon _
Under panalues of perjury, I dodare that I have examined the Informatlon on this form and to the best of my knowledge and belief it is true, correct, and complete. I
further cortiy undor pertaitles of pequry that-,
1 1 am She bCnowal owner (or am authorized to sifin fir the beneAcfal owner) of all the income to which this form relates,
2 't he hnnnrtriai owner is not a U.S. person,
a The income to whit✓, this fort relates is (a) bat effectively ccnrrected wKii the conditct of a trade or business in the United Mates, (b) effectively connected but is
nai subject K] taK under an income tax tFetdy, oe (c) the partner's share of a partnership's oftectively. connected Income, and
4 Far broker transartions w barter exchanges, the bermlietal owner is an exempt foreign person as defined in the ins trMrtions.
Furthermore, I authorize tNs form to be, provided to any withholding agent that has control, rretpt, Of custody of the income of which I am the beneficial owner or
any withholding spent that can disburse or make paymonta of the income of which I am the boneffeial owner.
Sign Here � ...�� [�� ,� �� -o. - ....... -. -.._ - - -- --- -.. ....-- .-.-._. -ctin -
Slgnaiure ul t>ane[icial owr�r {or Individu Autharia_ed 1n si¢n fr henurc;pt owner) Dale (fv1M- []D- YYY1') Capacity in which acting
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 25047Z Form W -$BEN (Rev. 2 -2006)
(9) Printed on Recycled Paper
CONTRACTOR IS TO COMPLETE THE SCHEDULE OF VALUES:
Item
Item Description
Qty
Units
Unit Price
Amount
1
Mobilization
LS
3�,7 SS
-2--127
2
Maintenance of traffic (pedestrian)
LS
S 750a
3
Root pruning (as needed)
LS
8750
B-7
4
Concrete removal (as needed)
LS
52557
326500
5
4" concrete sidewalk
SY
:Z
5 °°
gq pop°
6
—o —
7
— o --
TOTAL
CITY OF SOUTH MIAMI
Scope of Services
Invitation to Quote
"SIDEWALK REPAIR AT
MARSHALL WILLIAMSON PARK"
SCOPE OF WORK
The work specified in this ITQ consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, and services necessary to perform the following
Work. The purpose of this ITQ is to select a vendor to perform sidewalk repair throughout
Marshall Williamson Park, located within the City of South Miami. The site is located at 6125
SW 68 Street, South Miami, Fl 33143. Work covered under this contract shall include and is
not limited to maintenance of traffic, root pruning as required, concrete removal and disposal.
The City reserves the right to award the Project to the person with the lowest, most responsive,
responsible Proposal, as determined by the City, subject to the right of the City, or the City
Commission, to reject any and all proposals, and the right of the City to waive any irregularity in
the Proposals or RFP procedure and subject also to the right of the City to award the Project ,
and execute a contract with a Respondent or Respondents, other than to one who provided the
lowest Proposal Price.
Contractor shall follow Miami -Dade County Standard for Sidewalks, attached R13.1.
The sidewalks shall be ADA accessible. The maximum cross slope permitted along sidewalks is 2
percent and the width shall be at least 5 feet wide. The slope of the level landing (if any) should
not exceed 2 percent in any direction, and the dimensions of the level landing should be at least
5 ft x 5 ft if applicable. The full width of the circulation path should be free of protruding
objects.
Contractor shall furnish all materials and equipment necessary to secure completion of the
work. At present, the selected areas (approximately 220 SY) have been designated for sidewalk
repairs as shown in the exhibits below:
Exhibit 1 (80 SF = 8 SY)
Exhibit 2 (480 SF = 53 SY )
-
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< -az,
Exhibit l (12 SF =OS)
Exhibit 4 (90 SF = 10 SY)
ROM
Exhibit 5(0SF =8S)
Exhibit 6 — Miscellaneous Areas (200 SF = 22 SY)
Exhibit 7 (425 SF = 47 SY)
Exhibit 8 (320 SF - 35 SY)
Exhibit 9 (80 SF = 8 SY)
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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 #11:
What type of joint will be required for matching existing concrete sidewalk?
Answer to Question # 1:
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
%.5 L
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 #1:
Can you advise the approximate square yards of concrete the contractor will be expected to
remove from the project site?
Answer to Question #l:
The awarded contractor will be expected to remove a like amount of concrete that will be
installed from the project site.
Ouestion #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.
Question #7:
Is a partial or the entire sidewalk flags to be replaced by the contractor?
Answer to Ouestion #7:
The estimated quantity was obtained assuming the replacement of the entire flag.
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Question #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.
Question #9•
Does this project include Davis Bacon and Section 3 requirements?
Answer to Ouestion #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