Pioneer Const ITQPR2014 05CITY OF SOUTH MIAMI SaurhMiamt
4th INVITATION TO QUOTE
Item Description
J� ITQ #PR- 2014 -05 II II
Qty
w LUMP SUM PROPOSAL
SUBMITTED TO: City Clerk PROJECT: Sidewalk Repair Marshall Williamson Park
NAME: Maria Menendez, CIVIC ADDRESS: 6130 Sunset Drive
1
ADDRESS: 6130 Sunset Drive CITY /STATE: South Miami, Fl 3143
0 p. p
CITY /STATE: Miami, Florida 33134 ISSUE DATE: _Thursdey;'Ja)Prif3;`2014_ —_
Maintenance a (raFllc (?e es( rilan) i.S
PHONE: 305- 663 -6339 EMAIL: skulick @southmiamifl.gov
3
MANDATORY PRE -QUOTE MEETING: Friday,_April 11,- 2014at:10 00 AM DUE DATE: Fiidey,:Apol18; 2014'at 10 00 AM-
•• 0
QUOTE SUBMISSION REQUIREMENTS:
Concrete removal (as needed)
Quotes submitted after 10:00 AM on the due date will not be accepted unless otherwise specified in the quote document
5
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
to Cl'
envelope needs to read as follows:
City of South Miami
LUMP SUM TOTAL
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 21
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
COMMUNITY DEVELOPMENT BLOCK GRANT (Exhibit 3)
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 attenOn of Mr. Steven Kul)ck, Purchasing Manaeer atskullick0southmiamifl.nay.
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
1
Mo i ization L5
0 p. p
2
Maintenance a (raFllc (?e es( rilan) i.S
of
3
Root pruning (as needed)
•• 0
4
Concrete removal (as needed)
J ,a
5
4" concrete Sidewalk
to Cl'
LUMP SUM TOTAL
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 30 AM
Print,T Bme—it.. w Phone: 954 - 893 -6021; 305- 525 -0649
51
Date: 04.18.14
-mail: rues ioneerrms.rom; asnTin[l ioneercins.crnal Fax: 954 - 893 -8013
Firm Name: Pi Weer CnsisLruelisln Mxna'te�►l Services, Inc. F.E.I.N. No.:�1�1�14l!
Address: 6114 NW 7th Ave City: Miami State: FL 33127
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 IS FORTH E 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.
CONTRACTOR IS TO COMPLETE THE SCHEDULE OF VALUES:
Item
Item Description
Qty
Units
Unit Price
Amount
1
Mobilization
LS
1
$200.00
$200.00
2
Maintenance of traffic (pedestrian)
LS
1
$200.00
$200.00
3
Root pruning (as needed)
SF
1,980
$0.10
$217.80
4
Concrete removal (as needed)
SY
220
$9.50
$2,090.00
5
4" concrete sidewalk
SY
220
$33.00
$7,260.00
6
7
TOTAL
$9,967.80
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on
Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
2. Neither the individual(s) /firm, nor any of his /her /its employees shall be permitted
to represent any client before the Commission or any Committee, department or
agency of the City, and shall agree not to undertake any other private
representation which might create a conflict of interest with the City. The
individual(s) /firm may not represent any Commission member, individually, or, any
member of their family or any business in which the Commission member of their
family has an interest.
3. All proposals received will be considered public records. The City will consider all
quotations using such criteria as the Commission or City Manager may adopt at
either of their sole discretion. The individual(s) /firm selected will be required to
enter into a formal agreement with the City in a form satisfactory to the City, prior
to the execution of which the City shall reserve all rights, including the right to
change its selection.
4. Respondent's Attachment #2 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
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 #I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid 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.
This sworn statement is submitted to City of South Miami
by
[print name of the public entity]
D. Ruel Miles, President
[print individual's name and title]
for Pioneer Construction Management Services, Inc.
[print name of entity submitting sworn statement]
whose business address is 6114 NW 7th Ave
Miami, FL 33127
and (if applicable) its Federal Employer Identification Number (FEIN) is 41- 2242680
(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
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. 1___7
Sworn to and subscribed before me this
Personally known or
Produced identification
(Type of identification)
18th day of
[gignati al—_
April
Notary Public —State of Ro C: ok c"
My commission expires
.20 14
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06/ I I /92) n n�\ c& C'J
,pMd Notary Public State of Florida
�F Melaine Malcolm
v My Commission EE 159116
CON Expires 0111112016
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
dispensing, possession, or use
and specifying the actions tha t
prohibition.
employees that the unlawful manufacture, distribution,
of a controlled substance is prohibited in the workplace
will be taken against employees for violations of such
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (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.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
PROPOSER's
Signature:
Print Name: D. Ruel Miles
Date: 04.18.14
Page 5 of 10
ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT"
Submitted this 18th day of April , 2014
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:
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.
Slgna
Printed Name: D. Ruel Miles
Title: President
Telephone: 954 - 893 -6021
Company Name Pioneer Construction Management Services, Inc.
Continuation of Attachment #3No Conflict of inter /Non- Collusion Certification
Page 6 of 10
NOTARY PUBLIC:
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this
April , 2014 by D. Ruel Miles
person whose signature is being notarized) who is
SEAL (5� otary Public State of Florida elaine MaIC01m
y Commissi on EE 159118 xpires01111 /201e
18th day of
(name of
/ Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
MR -Q CA, \A 0 r -�1 a0l
(Name of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM -MAY DISQUALIFY YOUR RESPONSE
Page 7 of 10
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
We Pi«ncrr Collstruclio,r :Vianagerirent Services, r»c. (Name of Contractor), hereby acknowledge and agree that
as Contractors for this Solicitation, as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety
and health regulations, and agree to indemnify and hold harmless the City of South Miami against any
and all liability, claims, damages, losses and expenses they may incur due to the failure of
(subcontractor's names):
to comply with such act or regulation.
CONTRACTOR
Pioneer Construction Management Services, Inc.
BY: D. Ruel Mile
Name
President
Title
i.
Wit ess
FAI.I,URE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 8 of 10
ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
Pioneer Construction
I D. Ruel Miles , individually and on behalf of Management Services, Inc.
( "Firm ")have Name of Representative CompanylVendorlEntity read the City of South Miami ( "City ")'s Code of Ethics,
Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that I, and /or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A -I, 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:
(1f
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #I below]; and
(4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and /or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names:
(if necessary use a separate
sheet to supply additional information that will not fit on this line but make reference on the line above to the
separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph
on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and
that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of
five percent (5%) or more of the total assets of capital stock in the firm are as follows:
(if
necessary use a separate sheet to supply additional information that will not fit on this line but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #1 below]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any
board, commission or agency of the City within the past two years other than as follows:
(if necessary use a separate sheet to supply
additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e.,
"see attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath).
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
(if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [See Note #1 below]; and.
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
(if necessary use a separate sheet to supply additional
information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing
this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be
based solely on the signatory's personal knowledge and he /she is not required to make an independent
investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he /she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
ha 5e 4adilige lirt. to investigate the matters to which I am attesting hereinabove and that the statements
M arg! true and correct to the best of my knowledge, information and belief.
Si ure:
Print Name & Title:
Date: 04.18.14
D. Ruel Miles, President
ATTACHED:
Sec. 8A -I - Conflict of interest and code of ethics ordinance.
Municode Page 10f4
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 # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not
required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and /or
appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm,
or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but
for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(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 # 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.
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)(I ) 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, § I, 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.
ADDENDUM No. #1
Project Name: Sidewalk Repair Marshall Williamson Park
ITQ NO. PR2014 -05
Date: April 7, 2014
Sent: Fax/E- mail /webpage
This addendum submission is issued to clarify, supplement and /or modify the previously issued Request
for Qualifications (RFQ) Documents, and is hereby made part of the Documents. All requirements of
the Documents not modified herein shall remain in full force and effect as originally set forth. It shall
be the sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
Ouestion #11:
The package that is available online for the above referenced project number has missing
pages. In "Exhibit 3 To Bid Package starts with "Attachment A" it shows page three then
jumps to page five and so on.
Please advise if those missing pages will be provided.
Answer to Question #I:
Exhibit 3 in ITQ #PR2014 -5 references "Attachment A to Bid Package." Exhibit 3 provided
in the ITQ is missing pages. A complete version of Exhibit 3 is provided and attached to
Addendum No. I, dated April 7, 2014. Interested parties should refer to Exhibit 3, dated April
7, 2014 and provided as Addendum No. I.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of 1
I I�
0It1v
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 #I:
The awarded contractor will be expected to remove a like amount of concrete that will be
installed from the project site.
Question #2:
Are there any other permits, other than through the City of South Miami, that are the
responsibility of the contractor?
Answer to Question #2:
The contractor is responsible to apply for any and all permits associated with this project.
Permit fees will be waived for permits issued by the City. The contractor must apply for any
permits issued by another government and is responsible for those permit fees.
Page 1 of 3
Question #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.
Question #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 Question #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.
Question #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.
Question #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 Question #7:
The estimated quantity was obtained assuming the replacement of the entire flag.
Page 2 of 3
Ouestion #8:
Can the City clarify if the debris from the work needs to be hauled every day or if a dumpster
container is acceptable?
Answer to Question #8:
The City will allow the use of a dumpster container for the debris.
Question #9•
Does this project include Davis Bacon and Section 3 requirements?
Answer to Question #9:
Yes, for further details please refer to Addendum No. I which includes Exhibit 3 of the ITQ
and a complete copy of "Attachment A to Bid Package" for Davis Bacon and Section 3
requirements.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 3 of 3
ADDENDUM No. #3
Project Name: Sidewalk Repair Marshall Williamson Park
ITQ NO. PR2014 -05
Date: April 14, 2014
Sent: Fax/E- mail /webpage
This addendum submission is issued to clarify, supplement and /or modify the previously issued
Invitation to Quote (ITQ) Documents, and is hereby made part of the Documents. All requirements of
the Documents not modified herein shall remain in full force and effect as originally set forth. It shall
be the sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
u stion #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).
Ouestion #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
CITY OF SOUTH MIAMI
ADDENDUM No. I
APRIL 7, 2014
EXHIBIT 3 To ITQ #PR2014 -05
ATTACHMENT A TO BID TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND SECTION 3
REQUIREMENTS
INVITATION TO QUOTE:
"SIDEWALK REPAIR AT
MARSHALL WILLIAMSON PARK"
PU fticHOUSING AN V.
4 OM If] ITIf DEVELOPME AT M3
ATTACHMENT A '
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND
SECTION 3 REQUIREMENTS
Agency Name: _C4 of South Miami
_Project Name: _Sidewalk Repair Marshall Williamson Park
Project Address: 6125 SW 68 Street, South Miami, FL 33143
Prepared by. Gathrine J i ara
03/18/2014
Table of Contents
Federal Labor Requirements Documents that must be incorporated in the submittal of
the bid package:
• Notice to Bidders / Prospective Contractors)
■ Statement of Bidder's Construction Experience
• Certification Receipt
• Davis -Bacon Wage Decision FL140168 2 02/21/2014 FL168 — Reavlr
• Federal Labor Standards Provisions (Form HUD - 4010)
• Insurance Requirements
• Provisions to be Incorporated in Construction Contracts:
o 1) Davis -Bacon Act,
0 2) Termination,
o 3) Access to Records and Record Retention,
• Non - Collusion Affidavit
Certification Regarding Lobbying
■ Affirmative Action Standards
• Certification of Compliance with Part 60 -2: Affirmative Action Programs
•
Other Required Certifications:
0 2) Affirm�tiveAction,--- rr--- -• - - -_ _ -
0 3) Americans with Disabilities Act,
0 4) Copeland Anti- Kickback,
0 5) Byrd Anti- i.obbying Amendment,
0 6) Full Disclosure by the Contractor /Bidder,
0 7) Non - Discrimination Clause,
0 6) Age Discrimination Act of 1975 as Amended, and
o 9) Section 504 of the Rehabiliitation Act of 1973 as Amended.
• Certification Regarding Drug Free Workplace (Grantees Other than Individuals)
■ Assurance of Compliance (Section 3, HUD Act of 1968)
■ Section 3 Requirements
• Section 3 Clause
• Bidder's Initial Section 3 Goals
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier
Transactions (Certification Document and Instructions)
• Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to Executive Order
(EO 11246)
• Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era
• Equal Opportunity for Workers with Disabilities
• Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(EO 11246)
■ Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246
Certification of Nonsegregated Facilities
■ Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities
• Notice of Requirement - Clean Water, Clean Air, EO 11736 and EPA Regulations Provision
Certification of Compliance with Federal Regulations
• Clean Air Act,
• Federal Water Pollution Control Act, and
• Lead -Based Paint Poisoning Prevention Act
• Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Direct Recipient)
• Public Entity Crimes Affidavit
1 -BID PACKAGE
Miaml -Dade County PHCD
Page 2
NOTICE TO BIDDERS/PROSPECTIVE 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 19375; 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)
CTC4
Initials
2- NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) [CDBGI
Miami -Dade County PHCD
Page 3
Page 4
STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
To be submitted by each Bidder with requested information and documentation with the Bid
package
All questions must be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, add separate sheets for items marked
I .
Prime Contractor: Pioneer Construction Management Services, Inc.
2.
Prime Contractor Address: 6114 NW 7th Ave
Miami, FL 33127
3.
Name of each principal officer of corporation, partner, firm or individual:
D. Ruel Miles, Edward Baldie
4.
Gender and Ethnicity of Principals: Male, African American
��----
Edward Baldie
.ColnpaR'�alifi.er _ . -- - -- - -- -
6.
Years in Business: 7
7,
U.S. Treasury Number. (Employer's Identification number, Federal Social Security
number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department.
41- 2242680
License Number: CGC1515488 State: Florida
8.
Contractor's Certification Categories: _ General Contractor
9.
Contracts completed in the last five years (include the months and year completed,
use additional pages, if needed)
Completed Proiects attacheI
10.
Contractor's on -going construction projects (Schedule these, showing gross amount of
each contract and the approximate anticipated dates of completion).
Construction of Traffic Signal Mast Arms and Roadway [ntcrsection liiii ,,royenselii- $300,000.00- Apri12014,
City of 19th Street Park Pre - Fabricated Bathroom Building- $80,000.00- Apr1 12014,
Lulav Square Apart nients-so)0,000.00-Se tember 2014, South Region I Courthouse $700,000.00July 2014,
Miami Dade College - Hialeah Cam us $655,200.00 June 2014
11.
Have you ever failed to complete any work awarded to your. company? No
If so, where and Why?
Page 1 of 2.
3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
MiamWade County PHCD
Page 4
1�
EI.CLNEEPs,
Completed Major Projects
Project:
Job Oder Contract (JOC) 4 (South) 2011
Owner:
Board of County Commissioners of Broward County Florida
115 S. Andrews Ave, Suite 212
Fort Lauderdale, FL 33301
Ian Mitchell, Project Administrator
954- 357 -5675
Scope: Public Works Job Oder Contract (JOC) $2,000,000.00 Bonded: 2011;2012; 2012-
2013
Proiect•
Brownsville Transit Village II, III & IV
2950 NW 29 Ave,
Miami, FL 33133
Owner:
Brownsville Village II, Ltd.
Architect:
Corwil Architects, Inc.
General Contractor:
BJ &K Construction Inc.
970 W. McNab Rd Suite 210
Fort Lauderdale, FL 33309
Brad Runyan: 954- 974 -9181
Scope: Flooring & Trusses; $1,424,988.00 Bid /Bonded
Project:
Everett Stewart Senior Village
5300 NW 29 Ave
Miami, FL 33133
Owner:
Carlisle Group IV, Ltd.
Architect:
Corwil Architects, Inc.
General Contractor:
BJ &K Construction Inc.
970 W McNab Rd. Suite 210
Ft. Lauderdale, FL 33309
Brad Runyan: 954- 974 -9181
Scope: Flooring, Drywall, Trusses; $808,987.00 Bid /Bonded
1�
PIONEER
Proiect
Hendry County Hurricane Shutters
Greentree Drive Apartments
40 Greentree Drive,
LaBelle, Florida 33935
Owner:
Hendry County Board of County Commissioners, Labelle, Florida
General Contractor: Pioneer Construction Management Services Inc.
Scope: Shutters $279,846.18 Bid /Bonded
Date Completed: November 2011
Janet E. Papinaw
640 South Main Street # 116
LaBelle, FL 33935
863 - 675 -5264
Proiect:
Phased Replacement Parkway Middle School
3600 NW 5th Court
Lauderhill, FL33311
Owner:
School Board of Broward County Florida
General Contractor:
Balfour Beatty Construction, LLC
7901 SW 6th Ct., Suite 200
Plantation, FL 33324
James Turner: 954- 868 -5509 / 954 -585 -4323
Scope: Flooring; $234,544.00 Bonded
Date Completed: February 2011
Proiect
Ready Mixed Contract
Owner:
Broward County Board of County Commissioners
General Contractor: Pioneer Construction Management Services, Inc.
Scope: Provide Ready Mixed Concrete $216,000.00 Bid
Date Completed: February 26' 2014
Anh L. Ton
1600 NW 30th Ave., Pompano Beach, FL. 33069
954- 357 -6040
12. Have you ever defaulted on a Contract? No 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?
PCMS personnel
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?
12
fntllais) -
The Bidder promises to defend, indemnify and hold harmless the City of South Miami
(agency name) and Miami -Dade County with regard to any disclosures or information
received, whether at trial, in arbitration or on appeal.
(inHinis) t
15. The Bidder authorizes any person, firm corporation, organization or governmental unit
to act on a copy of the submitted financial statement.
17V - —
(initials)
17. The undersigned hereby authorizes and requests any person, firm, corporation, or
governmental unit, to furnish any information requested by thecily of South Miami (name
of agency) in verification of the recitals comprising this statement of bidder's
experience
SUBSCRIBED AND SWORN TO �Feme Apri118th, 2014
Date
By D. Ruel Mites HelSh&is personally known to me or
(AfFant)
as identification.
(Type of Identification)
(Signature of Notary) t 1 Qek\ ,u, YAoo -t1 ) w-
(Print or Stamp Name of Notary)
Notary
Public
(State) VA v 4`kck°`
(Serial Number) `' ~ " Notary Public Slate n1 Florida
me4aine Malcolm
(Expiration Date) My Corn MiEsion EE 158118
rmpireR 0111112016 `
Notary Seal
Page 2 of 2
3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE
Miami -Dade County PHCD
Page 5
1:56 PM Pioneer Construction Mgmt. Services, Inc
03127114 Profit & Loss
Accrual Basis January through December 2013
Jan - Dec 13
Ordinary Income /Expense
Income
0.00
30100 • Sales
233,836.32
30300 • Contract Revenue
2,993,535.25
Total Income
3.227,471 .57
Cost of Goods Sold
9,515.05
50000 • Cost of Goods Sold
23,095.76
5030D • Purchases — Materials
668,681.90
52800 • Auto and Truck Expense
2,953.77
53500 • Estimating Costs
625.56
53900 • Equipment Rental
74,661.49
55100 . Permit/License
498.50
57200 • Subcontract Costs
1,399,976.23
57400 . Miscellaneous Job Costs
1,885.60
Total COGS 2,172,378.81
Gross Profit 1,055,092.76
Expense
66900 • Reconciliation Discrepancies
0.00
70400 • Advertising and Promotion
959.77
71000 • Automobile Expense
25,033.98
71400 • Bank Service Charges
3,108.31
72400 - Computer and Internet Expenses
9,515.05
72600 - Charitable Contributions
4,490.00
72800 • Consulting Fees
63,993.80
73600 • Dues and Subscriptions
9,313.28
73800 • Continuing Education
5,574.46
73900 • Freight Expense
1,596.53
74200 • Meals and Entertainment
13,462.31
75600• Insurance Expense
41,659.69
76620 • General Liability Insurance
33,767.01
75630 • Worker's Compensation
5,590.53
75800 • Life & Health Insurance
2,095.98
76000 - Interest Expense
35,480.32
76100 • Janitorial Expense
6,735.40
76200 • Legal Fees
71,361.58
76600 • Business Licenses and Permits
26,396.99
77200 • Office Expense
20,037.76
77800 • Outside Services
48.00
78000 • Payroll
166,719.54
79400 • Postage and Delivery
6,539.93
79600 • Printing and Reproduction
6,258.02
79700 • Advertising /Promotion
3,479.83
80000 • Professional Fees
43,033.76
80400 • Rent Expense
29,115.15
80600 . Repairs and Maintenance
14,044.80
82000 • Telephone Expense
11,130.65
82800 • Travel Expense
13,001.12
83400 • Utilities
4,134.60
Total Expense 679,678.15
Net Ordinary Income 375,414.61
Net Income 375,414.61
Page 1
1:68 PM Pioneer Construction Mgmt, Services, Inc
03/27114 Balance Sheet
Accrual Basis As of December 31, 2013
Total Current Assets 1,305,085.51
Fixed Assets
15800 • Machinery & Equipment 3,774,55
15900 • Computer Equipment 796.05
18600 • Accumulated Depreciation - 431.00
Total Fixed Assets 4.139.60
TOTAL ASSETS 1,309,225.11
LIABILITIES & EQUITY
Dec 31, 13
ASSETS
Current Assets
Checking /Savings
10530 • City National Bank Checking
501,251.90
10540 • City National Bank CD 6452
25,000.00
10646 • City National Bank of Florida
100,000.00
10560 • Citibank
14.00
Total Checking /Savings
626,765.90
Accounts Receivable
- 2,831.46
11000 • Accounts Receivable
407,827.51
11010 • Retainage Receivable
250,115.12
Total Accounts Receivable
657,942.63
Other Current Assets
- 300.00
12100 • Inventory Asset
1,091.98
12600 • Loan Advance
17,285.00
12601 • Loan
2,500.00
Total Other Current Assets
20,876.98
Total Current Assets 1,305,085.51
Fixed Assets
15800 • Machinery & Equipment 3,774,55
15900 • Computer Equipment 796.05
18600 • Accumulated Depreciation - 431.00
Total Fixed Assets 4.139.60
TOTAL ASSETS 1,309,225.11
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
20000 • Accounts Payable
284,122.80
20010 • Retainage Payable
83,261.76
Total Accounts Payable
307.404.56
Other Current Liabilities
21001 - Depository Receipts
- 2,272.25
21005 - SUTA Payable
- 2,831.46
23000 • Billings In Excess
- 283.04
24000 - Payroll Liabilities
9,267.65
24801 • Loan Payable City National
- 2,483.45
24802 • Loan Payable #
- 300.00
24003 • City National Loan
119,737.50
24804 • Loan SBFS
14,925.02
Total Other Current Liabilities
135,759.97
Total Current Liabilities
503,164.53
Long Term Liabilities
26000 • Loan Payable -- Stockholder
104,648.68
Total Long Term Liabilities
104,648.68
Total Liabilities
607,813,21
Equity
28100 • Capital Stock
1,000.00
28600 • Retained Earnings
96,922.53
29010 • Shareholders Contribution
228,074.76
Net Income
375,414.61
Total Equity 701,411.90
TOTAL LIABILITIES & EQUITY 1,309,226.11
Page 1
CERTIFICATION RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions (HUD Form 4010) concerning the
project Sidewalk Repair at Marshall Williamson Park
(Name of project)
Further, I hereby certify that I have on this date, read, examined, understood and
acknowledge the contents of U.S. Department of- Labor requirements, particularly the
requirements contained in Wage General Decision Number FL140168 2 02/2112014 FL168 --
Heav that is applicable to this project.
I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued
by the United States Department of Housing and Urban Development and described in Form
HUD -4010 and those requirements contained in Wage General Decision Number FL140168 2
0212112014 FL168 – Heavy for this project.
Agency Name: Employer ID WID #:
City of South Miami 41- 2242680
Full Address (including City, ST and Zip) and Email Address
6114 NW 7th Ave ruel @pioneercros.com
Miami, FL 33127 yasmin @pioneercros.com
alvero @pidneercros.com
sasha@pioneercms.com
Authorized Signature.——
Print Name:
D. Ruel Miles
Ch k one, as applicable:
Contractor
Subcontractor
Other
Title:
President
4 -CERTIFICATION RECEIPT
Miami -Dade County PHCD
Page 6
General Decision Number: FL140168 02/21/2014 FL168
Superseded General Decision Number: FL20130168
State: Florida
Construction Type: Heavy
County: Miami -Dade County in Florida.
HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines)
Modification Number Publication Date
0 01/03/2014
1 02/07/2014
2 02/21/2014
ELEC0349 -007 09/01/2012
Rates
ELECTRICIAN
Total value of Electrical
work on Project inc wing
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: Backhoe (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; Hydro
Cranes Over 25 Tons but
not more than 50 Tons
(Without
Oiler/Apprentice);
Hydro/Friction Cranes
without Oiler /Apprentices
when Approved by Union; &
All Type of Flying Cranes;
Boom Truck ..................$ 29.05
Cranes with Boom Length
Fringes
9.56
9.18
Fringes
8.80
8.80
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Page 2 of S
Less than 150 Feet (With
Rates
or without jib); Hydro
CARPENTER,
Includes Form Work....$
Cranes 25 Tons & Under, &
17.00
2.51
Over 50 Tons (With
/CONCRETE FINISHER ...
$
Oiler /Apprentice); Boom
5.52
LABORER:
Truck .......................$
28.32
8.80
OPERATOR: Drill ............... ..$
25.80
8.80
OPERATOR: Loader ................$
25.64
8.80
OPERATOR: Oiler ..................$
22.99
8.80
IRON0272 -005 04/01/2013
(Hand Held Drills /Saws,
Rates Fringes
IRONWORKER, STRUCTURAL ........... $ 23.59 5.93
JABO1652 -004 03/15/2013
Rates Fringes
LABORER: Grade Checker .......... $ 14.50 4.67
----------------------------------------- --------------------------
PAIN0365-007 08/01/2013
-- - -- - - -- Rates -- - -- -- - Fringes
PAINTER: Brush, Roller and
Spray ............................$ 19.50 8.93
SUFL2009 -164 06/24/2009
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Rates
Fringes
CARPENTER,
Includes Form Work....$
17.00
2.51
CEMENT MASON
/CONCRETE FINISHER ...
$
16.61
5.52
LABORER:
Common or General ......
$
13.09
1.26
LABORER:
Landscape... .......
$
7.25
0100
LABORER: Power Tool Operator
(Hand Held Drills /Saws,
Jackhammer and Power Saws
Only ) ............................$
10.63
2.20
OPERATOR:
Asphalt Paver .........
$
11.59
0.00
OPERATOR:
Backhoe Loader
Combo ............................$
16.10
2.44
OPERATOR:
Bulldozer .............$
14.95
0.'81
OPERATOR:
Excavator .............$
21.16
1.67
OPERATOR:
Grader/Blade .......... $
16.00
2.84
OPERATOR:
Mechanic ............... $
14.32
0.00
OPERATOR:
Roller ................$
10.95
0.00
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Page 3 of 5
OPERATOR: Scraper ...............$ 11.00
OPERATOR: Trackhoe ..............$
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
....................... .....$
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 in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non - union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198 -005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four.- -digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate /collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
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Page 4 of 5
each January.
Non -Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non -union data. Example: SULA2004 -007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
1.)
be:
WAGE DE'T'ERMINATION APPEALS PROCESS
Has there been an initial decision in the matter? This can
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
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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 requester 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
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Federal Labor Standards Provisions
App IIvabIIIty
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are Included In this Contract
pursuant to the provisions applicable to such Federal
assistance,
A. 1. (1) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not lass often than once a week, and
without subsequent deduction or rebale on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed, at rates not less then
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably antfeipated for bona fide r nge ene s
under Section I(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid 10 such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(Iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period,
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided In 29 CFR 5.5(a)(4),
Laborers or mechanics performing work In more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided. That the employer's payroll records accurately
set forth the time spent In each classification In which
work Is performed. The wage determination (Including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(11) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site or the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(11) (a) Any class of laborers or mechanics which Is not
listed In the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction Industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor end the laborers and mechanics to be
employed In the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (Including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or Its designee or will
not1ty HUD or its deeignee within the 30.-_#p +.Aerlad that
additional time is- necessary: -(Approved —by— the-- Offiea -of_ --
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed In the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
[IUD or its designee shall refer the questions, Including
the views of all interested parties and the recommendation
of HUD or Its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or Its designee or will notify
HUD or its designee within the 30 -day period that
additional time Is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215 - 0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(11)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work Is performed In
the classification.
(fit) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD -4010 (06)2009)
Previous editions are obsolete Page 1 of 5 ref, Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipatad In providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215 - 0140.)
2. Withholding. HUD or its designoo shall upon Its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally - assisted contract
subject to Davls -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 siie of the work, all or
part of the wages required by the contract, HUD or Its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or Its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (1) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
In Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid, Whenever the Secretary of Labor has
found under 29 CFR 5,5 (a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated In providing benefits under a plan
or program described In Section I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
Previous editions are obsolete
F
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred In providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control •Numbers
1215 -0140 and 1216 - 0017.)
(Ii) (a) The contractor shall submit weekly for each week
In which any contract work Is performed a copy of all
payrolls to HUD or its designee if the agency Is a party to
the contract, but If the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or Its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a) {3)(I) except that full
social security numbers and home addresses shall not be
included on weekly transmittals, Instead the payrolls shall
only need to include an individually Identifying number for
each employge (e.g., the lifsHo U digits of the employee's
social security number). The required weekly payroll
Information may be submitted In any form desired.
Optional Form WH -347 is available for this purpose from
the Wage and Hour Division Web site at
htto:llwww.dol.gov/es,g/-whd/foi-rns/wh347instr.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
1715 - 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)(il), the appropriate Information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such Information is
correct and complete;
form HUD-4010 (0612009)
,age 2 of 5 ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or Indirectly, and
that no deductions have been made either directly or
Indirectly from -the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated Into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of ilie
"Statement of Compliance" required by subparagraph
A.3.(11)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(ill) The contractor or subcontractor shall make the
records required under subparagraph A.3.1 )_ available for
---- --inspection; copying; --o-r - transcription -- -- by-- authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
Interview employees during working hours on the job, If
The contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice 10 the contractor, sponsor,
applicant or owner, lake such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant -to
29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered ' in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person Is employed In his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who Is not Individually
registered in the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice, The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
Previous editions are obsolete
F
Is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site In excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination fot the
work actually performed. Where a contractor is performing
construction on a project In a locality other than that In
which Its program Is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified In the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified In the applicable wage determination.
Apprentices shall be paid fringe benefits In accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different pracilce_prvva 1s for the applicable apprentice
classification ;-fringes -s rail —be peld- In-- a- ccordance -with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less then the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(fl) Trainees. Except as provided In 29 CFR 5.18,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant %to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved - by the
Employment and Training Administration, Every trainee
must be paid at not less than the rate specified In the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified In the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
form HUD -4010 (06/2009)
,age 3 of 5 ref, Handbook 1344,1
the Employment and Training Administration shall be pald
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site In excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved,
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 6
shell be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
S. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are Incorporated by reference In this contract
6. Subcontracts. The contractor or subcontractor will
Insert In any subcontracts the clauses contained in
- - subparagraphs- 1- -throug-h- InAhis--pafa re-p-h A and -sueh
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses In any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses In this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided In 29 CFR
5,12.
8. Compliance with Davis -Bacon and Rolated 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 to 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 7.9 CFR Parts 5, 6, and 7. Disputes
within the moaning 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.
(1i) No part of this contract shall be subcontracted to any
person or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 6.12(a)(1) or to be awarded HUD contracts or
participate In HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements Is prescribed
In the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions ", provides in
part: "Whoever, for the purpose of . , . Influencing in any
way the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or In any other manner
discriminated against by the Contractor or any
subcontractor because such employee has flied any
- complaint- or -lnsf Mad- or - cauute4- t— be -4nsUtuted- arty — -
proceeding or has testified or is about to testify In any
proceeding under or relating to the labor standards
applicable under this Contract to his employer,
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used In this paragraph, the
terms "laborers" and "mechanics" Include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic In any workweek in which the
individual is employed on such work to work In excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half times the basic
rate of pay for all hours worked In excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth In subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages, Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, In the sum of $10 foreach
calendar day on which such individual was required or permitted to
work In excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph,
Previous editions are obsolete form HUD -4010 (0612009)
Page 4 of 6 ref, Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon Its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally - assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth In
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
Insert In any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth In subparagraphs (1) through (4) of this
paragraph.
G }ieaiih -aad Safety— heprovisioirs oftiris- paragrapt+ara— -- - ... _ ... .... .... .........
applicable where the amount of the prime contract exceeds $100,000,
(1) No laborer or mechanic shalt be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91 -54, 83 Stat 98). 40. USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions,
Previous editions are obsolete form HUD -4010 (0612009)
Page 5 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 I
its surroundings.
11. insurance required by project type:
PROJECT TYPE f
REQUIRED CERTIFICATE(S) OF INSURANCE f
A. New Construction
13, 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. Miami -Dade County must be shown as
an additional insured with respect to this coverage.
Commercial General Liability — on a comprehensive basis, including
Explosion, Collapse and Underground Liability coverage in an amount
C. Minor Rehabilitation and Land Acquisition
not less than $500,000 combined single limit per occurrence for bodily
injury and property damage. Miami -0ade County must be shown as
an additional insured with res ect to this coverage.
Commercial General Liability — on a comprehensive basis, including
Construction
A. New Co ion
nstru on
Explosion, Collapse and Underground Liability coverage in an amount
not less than $1,000,000 combined single limit per occurrence for bodily
B. Major 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
i
of the sub - 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 7 of 2
6 - INSURANCE REQUIREMENTS
Miami-Dade County PHCD
Page 7
III. All insurance policies required above all shall be issued by companies authorized to do
business under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the County Risk Management Division.
Or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in Florida"
issued by the State of Florida Department of Insurance and are members of the Florida
Guaranty Fund.
IV. All insurance required by the contract must stay in force until final acceptance except,
pleted value t3uiiaer's- K1SK'. wnicn may
The Contractor shall also keep all insurance required by contract, except "Completed
Value Builder's Risk ", in force when performing any work during the guarantee
period(s).
The Contractor shall furnish certificates of insurance and insurance policies to the
owner prior to commencing any operation under this contract, which certificates shall
clearly indicate that the Contractor has obtained insurance, in the type, amount, and
classifications, as required for strict compliance with the contract..
NOTE: Certificates will indicate no modification or change in, insurance shall be made
without thirty (30) days in advance notice to the certificate holder.
Compliance with the foregoing requirements as to the carrying of insurance shall not
relieve the Contractor from his liability under any other portion of this contract.
V. Cancellation of any insurance or bonds, or non - payment by the contractor of any
premium for any insurance policies or bonds required by this contract shall constitute a
breach of this contract. In addition to any other legal remedies, the owner at its sole
option may terminate this contract or pay such premiums, and deduct the costs thereof
from any amount, which are or may be due to the Contractor.
Pape 2 of z
6- INSURANCE REQUIREMENTS
Miami-Dade County PHCD
Page 8
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION
CONTRACTS
A. "DAVIS- BACON" ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant program legislation, all construction contracts in excess of
$2,000 awarded by grantees and sub grantees shall include a provision for compliance with the
Davis -Bacon Act (40 USC 276a to a -7) as supplemented by Department of Labor regulations (29
CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and
mechanics at a rate not -less than the minimum wages 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 FL140168 2 02/2812014 FL168 — HEAVY or this project."
E. TERMINATION PROVISION & LEGAL REMEDIES
As stated in 24 CFR Part 85.36
All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee
including the manner which it will be affected and the basis for settlement. In addition, such
contracts shall describe conditions under which the contract may be terminated for default as
well as conditions where the contract may be terminated because of circumstances beyond the
control of the contractor.
Contracts other than small purchases shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate.
Provisions for termination are as follows:
Termination at Will
This contract, in whole or in part, may be terminated by the Principal Contractor /Owner
upon no less than ten (10) working days' notice when the Principal Contractor /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 delivery,
I isle
Page 1 of 3
7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Mlami -Dade County PHCD
Page 9
2. Termination for Convenience
The Principal Contractor /Owner may terminate this contract, in whole part, when both
parties agree that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall agree upon the
termination conditions. The Principal Contractor /Owner, at its sole discretion, reserves
the right to terminate this contract without cause upon thirty (30) days written notice.
Upon receipt of such notice, the Contractor shall not incur any additional costs under
this contract. The Principal Contractor /Owner shall be liable only for reasonable costs
incurred by the Contractor prior to notice of termination. The Principal Contractor /Owner
shall be the sole judge of "reasonable costs."
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should
funds to finance this contract become unavailable, the Principal Contractor /Owner may
terminate this contract upon no less than twenty -four (24) hours written notification to
the Contractor. Said notice shall be delivered by certified mail, return receipt requested,
or in person with proof of delivery. The Principal Contractor /Owner shall be the final
authority to determine _whether or not funds are available. The Principal
— -- — Contractor /Owner may at its discretion terminate, renegotiate and /or adjust -the confract
award whichever is in the best interest of the Principal Contractor /Owner,
4_ Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Principal
Contractor /Owner through Board of County Commissioners' action, the Principal
Contractor /Owner may, at its discretion, request in writing from the Director of PHCD a
release from its contractual obligations to the County. The Director of PHCD will review
the effect of the request on the community and the County prior to making a final
determination.
5. Termination for Breach
The Principal Contractor /Owner may terminate this contract, in whole or in part, when
the Principal Contractor /Owner determines, in its sole and absolute discretion that the
Contractor is not making sufficient progress thereby endangering ultimate contract
performance, or is not materially complying with any term or provision of this contract.
Unless the Contractor's breach is waived by the Principal Contractor /Owner in writing,
the Principal Contractor /Owner may, by written notice to the Contractor, terminate this
contract upon no less than twenty -four (24) hours' notice. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
Waiver of breach of any provision of this contract shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Principal Contractor's /Owner's right to
legal or equitable remedies.
Im
Inkia s
Page 2 of 3
7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miami -Dade County PHCD
Page 10
6. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
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.
41.m
Page 3 of 3
7 - PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miami -Dade County PHC13
Page 11
STATE OF: Florida
COUNTY OF: Broward
�6
(t)
(2)
(3)
NONCOLLUSION AFFIDAVIT
D. Ruel Miles , being first duly sworn, deposes and says that:
He /she is President
that has submitted the attached Bid.
Pioneer Construction Management
of Services, Inc. , the Bidder
Bidder has been fully informed regarding the preparation and contents of the attached Bid
and of all pertinent circumstances regarding such Bid;
Such Bid is genuine and'is not a collusion or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this afFant has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
-- -- . collusive orsham-Bid in tonne - i- o-with a con ra or or w re tie =af - c a as- een
submitted or to refrain from bidding in connection with such contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid
price or the Bid price of any other Bidder, or to secure through advantage against the
City of South Miami (Local Public Agency) or any person interested in the
proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant.
(SIGNE _
_President
Title
Subscribed and sworn to before me this
18th day of --April
[,2014
I VC�CS��y -� V i cy�C �}
My commission expires:
Notary Public State of Florida
Melaine Malcolm
My Commission EE 159118
W Expires 0111 1/2o16
s - NONCOLLUSION AFFIDAVIT
MiamWade County PHCD
Page 12
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
- -- undimigned shall complete and- submit Standarr - -F6rm - LL""L, "Disclasure '-Form - -to - -- Report
Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients
shall certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil pgdt a no han $10,000 and not more than $100,000 for each such failure.
By:
Print: D. Ruel Miles
Title: President
04.18.14
Date:
Business Address: Pioneer Construction Management Services, Inc.
6114 NW 7th Ave
Miami, FL 3317
9 - CERTIFICATION REGARDING LOBBYING
Miami -Dade County PHCD
Page 13
AFFIRMATIVE ACTION STANDARDS
Contracts covered by the Notice and Specifications shall take affirmative action to insure equal
employment opportunity. Evaluation of contractor's compliance with the affirmative action standards
shall be based on contractor's efforts to achieve maximum results from their actions. The contractor
shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative
action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps,
the efforts required to implement them and the records that should be maintained to document the
contractor's efforts.
Contractors must maintain a working environment free of harassment, intimidation, and coercion at
all sites and in all facilities at which the contractor's employees are assigned to work. The
contractor, where possible, must assign 2 or more women to each construction project. The
contractor shall specifically insure that all forepersons, superintendents, and other on -site
supervisory personnel are aware of and carry out.the contractor's obligation to maintain such a
working environment, with specific attention to minorities or women working at such sites or in
such facilities.
To Demonstrate Compliance:
meeting or EEO officer's meetings with supervisors to inform' them of the contractor's obligation to
maintain a working environment free of harassment, intimidation, and coercion and to where
possible, assign two or more women to each construction project. Monitoring of work environment
by EEO officer.
2. Contractors must establish and maintain a current list of minority and women's recruitment
sources, provide written notification to minority and women's recruitment sources and to
community organizations when the contractor or its unions have employment opportunities
available, and maintain a record of the organization's responses.
To Demonstrate Compliance:
Contractors must have a current listing of recruitment sources for minority and women craft
workers. It must have copies of recent letters to community resource groups or agencies
specifying the contractor's employment opportunities and the procedures one should follow when
seeking employment. It must note the responses receive and the results on the bottom or reverse
of the letters or establish a follow -up file for each organization notified.
3. Contractors must maintain a current file of the name, address, and telephone number of each
minority and /or women off- the - street applicant and minority and/or women referred from a union,
recruitment source, or community organization, and of the action that was taken with respect to
each individual. If such individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, was not employed by the contractor, this shall be
documented in the file with the reason, along with whatever additional actions the contractor may
have taken.
Initm
Page 1 of 5
10 - AFFIRMATIVE ACTION STANDARDS
Miami -Dade County PHCD
Page 14
To Demonstrate Compliance:
Contractors must have a file of the names, addresses, telephone numbers, and crafts of each
minority and /or woman applicant showing the date of contact and whether or not the person was
hired and (if not) the reason; whether or not ,the person was sent to a union for referral and what
happened; and follow -up contracts when the contractor was hiring.
4. Contractors must provide immediate written notification to the Director when the union or unions
with which the contractor has a collective bargaining agreement failed to refer to the Contractor a
minority or woman sent by the contractor, or when the contractor has other information that the
union referral process impeded the contractor's efforts to meet its obligations.
To Demonstrate Compliance:
Contractors must have copies of letters sent to verify claim that the union is impeding the
contractor's efforts to comply.
5. Contractors must develop on-the-job training opportunities or participate in training programs for
the area that expressly includes minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the contractor's employment needs, especially
notices of those programs to the sources compiled under Item 2, above.
To Demonstrate Compliance;
Contractors must have records of contributions in cash, equipment supplied or contractor
personnel provided as instructors for approved Bureau of Apprenticeship and Training or
Department of Labor funded training programs and records of the hiring and training of minorities
and women from such programs. Supply . copies of letters informing minority and women's
recruitment sources or schools providing these training programs.
6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and
training programs and requesting their help in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the company newspaper or
annual report; by specific review of the policy with all management personnel and with all minority
and women employees at least once a year; and by posting the company EEO policy on bulleting
boards accessible to all employees at each location where construction work is performed.
To Demonstrate Compliance.
Contractors must have written EEO policies that include the name and contact information on the
contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a
copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in
records, such as reports or diaries, that each minority and woman employee is aware of the policy
and that it has been discussed with them; (d) record that the policy has been discussed regularly at
staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f)
make copies of letters to unions and training programs requesting their cooperation in helping the
contractor meet its EEO obligations.
1; 1 n &I ,
Page 2 of 5
1 ❑ - AFFIRMATIVE ACTION STANDARDS
Miend -Dade County PHCD
Page-15
7. Contractors must review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions, including specific review of these
items with on -site supervisory personnel such as superintendents and general forepersons prior to
the initiation of work at any job site. Contractors must make and maintain a written record and
maintain it to identify the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the
time and place of meeting, persons attending, subject matter discussed, and disposition of subject
matter.
8. Contractors must disseminate their EEO policies externally by including it in any advertising in the
news media, specifically including minority and women's policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
To Demonstrate Compliance:
_Contractors must have co @ies of (a) tatters sent at least eve 6 months or at the start of each new
m6j6r coact, to all recruiting §d—u ces -( including labor dnions anU- Training programs) requiring
compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c)
letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring
compliance with the policy.
9. Contractors must direct recruitment efforts, both oral and written, to minority, women and
community organizations, to schools with minority and women students, and to minority and
women's recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one (1) month prior to the date for acceptance of applications
for apprenticeship or other training by any recruitment source, the contractor will send written
notification to such organizations, describing the openings, screening procedures, and tests to be
used in the selection process.
To Demonstrate Compliance:
Contractors must have written records of contacts (written communications, telephone calls, or
personal meetings) with minority and women's community organizations and recruitment's
sources, and schools and training organizations, specifying the date(s), individuals contacted,
results of the contact, and any follow -up. It must have copies of letters sent to these organizations
at least one (1) month prior to the acceptance of applications for training (apprenticeship or other)
describing the openings, screening procedures, and tests to be used in the selection process.
10. Contractors must encourage minority and women employees to recruit other minority persons and
women and provide, where reasonable, school, summer and vacation employment to minority and
female youth both on -site and in other areas of the workforces.
Initinle
Page 3'of 5
10 -AFFIRMATIVE ACTION STANDARDS
Mian*Dade GouMy PHCO
Page 16
To Demonstrate Compliance:
Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written
and oral) with minority and women employees requesting their assistance in recruiting other
minorities and women, and record results. If contractors normally provide after - school, summer,
and vacation employment, it must have copies of letters to organizations under Item 9 describing
those opportunities and must have responses received and results noted on letters or in a follow -
up file.
11. Contractors must validate all tests and other selection requirements where there is an obligation to
do so under CFR 60 -3.
To Demonstrate Compliance:
Contractors must have evidence in the form of correspondence, or certificates that all tests,
interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship
Committee meet the requirements in the OFCCP testing and selection guidelines.
12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and
women personnel for promotional opportunities and encourage these employees to seek or to
prepare for such opportunities by appropriate training.
To Demonstrate Compliance:
Contractors must have written records (memo, letters, personnel files, etc.) showing that the
company conducts annual reviews of minority and female personnel for promotional opportunities
and notifies these employees of training opportunities (formal or on-the-job) and encourages their
participation.
13. Contractors must ensure that seniority practices, job classifications, work assignments, and other
personnel practices do not have a discriminatory effect, by continually monitoring all personnel and
employment related activities to insure that the EEO policy and the Contractor's obligations under
these specifications are being carried out.
To Demonstrate Compliance:
Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity
under Item 12, above, has been carried out; (b) any collective bargaining agreements have an
EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO
officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job;
(d) the EEO officer's job description identifies his or her responsibility for monitoring all
employment activities for discriminatory effects; and (e) the contractor has initiated corrective
action whenever the contractor has identified a possible discriminatory effect.
14. Contractors must insure that all facilities and company activities are nonsegregated, except for
providing separate or single -user toilets and necessary changing facilities to assure privacy
between the sexes.
1P vf_t
Initials
Page 4 o15
10- AFFIRMATIVE ACTION STANDARDS
Miami -Dade County PHCD
Page 17
To Demonstrate Compliance:
Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the
contractors federally involved contract documents into all subcontracts and purchase order; have
records that announcements of parties, picnics, etc, have been posted and have been available to
all employees; have written copies of contracts (written or verbal) with supervisory staff regarding
the provision of adequate toilet and changing facilities to assure privacy between the sexes.
15. Contractors must document and maintain a record of all solicitations of offers for subcontractors
from minority and female construction contractors and suppliers, including circulation of
solicitations to minority and women's contractor associations and other business associations.
To Demonstrate Compliance:
Contractors. must have copies of letters or other direct solicitation of bids for subcontractors or joint
ventures from minority or women contractors with a record of speck responses and any follow -up
the contractor has done to obtain a price quotation or to assist a minority or female contractor in
preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded
or joint ventures participated in with dollar amounts;- have copies of solicitations sent to minority
and women's contractor associations or other business associations.
1-6: Gcmtractors must - conduct -a- review,- at least annually, of all supervisors'-adherence--to
performance under the contractor's EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with
supervisors regarding their employment practices as they relate to the contractor's EEO policy and
affirmative action obligations, and written evidence that supervisors were notified when their
employment practices adversely or positively impacted on the contractor's EEO and affirmative
action posture. ,
iRu.
Pape 5 of 5
10 - AFFIRMATIVE ACTION STANDARDS
Miami -Dade County PHCD
Page 18
CERTIFICATION OF COMPLIANCE WITH PART 60 -2
AFFIRMATIVE ACTION PROGRAMS
The bidder represents that he has ( -f`h�as not ( ), participated in a previous contract or
subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246;
that he has " has not ( ) developed a written affirmative action compliance program for
each of his establishments; that he has (--) has not ( ), filed with the Joint Reporting
Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal
Employment Opportunity Commission (EEOC) all reports due under the applicable filing
requirements; and that representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained prior to contract and /or
subcontract award.
NOTE
Agency Name:
City of South Miami
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signatur-
Print Name:
ED. uel Miles
Ch e k one, as applicable:
Contractor
Subcontractor
Other
Employer ID NFID #:
41- 2242680
Title:
President
11 -CERTIFICATION OF COMPLIANCE WITH PART 80-2
AFFIRMATIVE ACTION PROGRAMS
Miami -Dade County PHCD
Page 19
OTHER REQUIRED CERTIFICATIONS
A. EQUAL EMPLOYMENT OPPORTUNITY
Bidder, by submission of this quotation represents:
The undersigned has ✓ has not ____, participated in a previous contract or subcontract
subject to the Equal Opportunity clause herein or the clause originally contained in Section
301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order
No. 11114; that it has has not _ filed all required compliance reports; and that
representations indicating submission of the required compliance reports, signed by
proposed subcontractors, will be obtained prior to subcontract awards. (The above
representation need not be submitted in connection with contracts or subcontracts which are
exempt from the clause.)
B. AFFIRMATIVE ACTION
_ _ apnt� that. 1 it has ✓deuet nd_has -o ile has —i ". ____.31e�ed
and does not have on file, at each establishmentpa affirmative sctian program as required by
the rules and regulation of the Secretary of Labor (41 CFR 60 -1 and 60 -2), or (b) it has not _
previously had contracts subject to written affirmative action program requirements of the rules
and regulations of the Secretary of Labor.
C. AMERICANS WITH DISABILITIES ACT
The contractor represents and certifies the following as part of its offer:
By submission of an offer, the bidder certifies that it complies with the American with
Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life
of the Contract. By commencing performance of the Contract work, the selected contractor
certifies to the American with Disabilities Act compliance.
D. COPELAND ANTI - KICKBACK
By submission of a bid, the bidder certifies that it has read and complies with the General
Provision entitled "Anti- Kickback Procedures" as stated in 24 CFR part 85.36 as follows:
All contracts and subcontracts for construction or repair shall include a provision for compliance
With the Copeland "Anti - Kickback" Act (18 USC 874) as supplemented in Department of
Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he is otherwise
entitled.
By submission of this bid, the bidder attests that neither it nor any of its employees has
performed or participated in any prohibited actions, as defined in this provision.
Page 1 of 3
12 -OTHER CERTIFICATIONS
MiamWade County PHCD
Page 20
E. BYRD ANTI- LOBBYING AMENDMENT (31 U.S.C. 1352)
This certification applies to those contractors who apply for award of bid of $100,000 or
more:
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds
to any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient,
F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING
WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE
OF FLORIDA, OR MIAMI -DADE COUNTY AT TIME OF AWARD.
This certification applies to a contract or subcontract in excess of $25,000
By submission of an offer, the bidder certifies that it has provided full disclosure in writing to
City of south Miami (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 Count
By commencing performance of the Contract work, the selected contractor certifies that it
has made full disclosure in writing to Ci of South Miami (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
H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED
Non - discrimination on the Basis of A e
No qualified person shall on the basis of age be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination under any program or activity which
receives or benefits from Federal assistance.
I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
Non - discrimination on the Basis of Handicap
No qualified handicapped person shall, on the basis of handicap be excluded from participation in,
be denied the benefits of, or otherwise be subjected to discrimination under any program or.activity
which receives or benefits from f=ederal assistance.
Agency Name: Employer ID #/FID #:
City of South Miami L41-2242680
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:
Print Name: Title:
LD. Ruel Miles Y President
Ch7Contractor k one, as applicable:
Subcontractor
Other
Page 3 of 3
12 - OTHER CERTIFICATIONS
Miami -Dade County PHCD
Page 22
CERTIFICATION REGARDING
DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -free workplace
by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and-specifying the actions that will be
taken against employees for violation of such prohibition;
(b)-Establishingoing.. drag - free - awareness- program_ta_ inform
about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
Condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction
(f) Taking one of the following actions, within 30 calendar days of receiving
notice under subparagraph (d)(2), with respect to any employee who is so
convicted
Page f of 2
13 - CERTIFICATION REGARDING DRUG -FREE WORKPLACE
Page 23
Miami -Dade County PHCD
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The Grantee may insert in the space provided below the site(s) for the performance
of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check ❑ if there are workplaces on file that are not identified here.
Agency Name: Employer ID # /FlD #:
City of South Miami 41- 2242680
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
�I
Authorized Signature:
Print Name:
D. Ruel Miles
Ch e k one, as applicable:
Contractor
Subcontractor
Other
Title:
- President
Page 2 of 2
13 - CERTIFICATION REGARDING DRUGFREE WORKPLACE
Page 24
Miami -Dade County PHCD
ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C.
170U. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the project area and contracts for work in
connection with the project be awarded to business concerns which are located in or owned
in substantial part by persons residing in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient)
shall cant' 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 locat d—w in or awned in su stantla part y'persons residing in t e area
of the project; the making of a good faith effort, as defined by the regulation, to provide
training, employment and business opportunities required by Section 3; and incorporation of
the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for
work in connection with the project. The (applicant) (recipient) certifies and agrees that it is
under no contractual or other disability which would prevent it from complying with these
requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and
all applicable rules and orders of the Secretary issued there under prior to approval by the
Government of the application for this (contract) (agreement), shall be a condition of the
Federal financial assistance provided to the project, binding upon the (applicant) (recipient),
its successors and assigns. Failure to fulfill these requirements shall subject the (applicant)
(recipient), its contractors and subcontractors, its successors, and assigns to the sanctions
specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR
Section 135
APPLICANT: D. Ruel
SIGNATURE:
ADDRESS: P 1eer Construction Management Services, Inc.
6114 NW 7th Ave
Miami, FL 33127
DATE: 04.18.14
14 - ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
Miami -Dade County PHCD
Page 25
SECTION 3 REQUIREMENTS
I. ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall
sign the attached Section 3 Assurance of Compliance.
II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant
to a Section 3 covered contract shall develop and implement an affirmative action plan, which
shall:
a. Set forth the approximated number and dollar value of all contracts proposed to be
awarded to all businesses within each category (type or profession) over the duration of
the Section 3 covered project.
b. Analyze the information set forth in paragraph (a) and the availability of eligible
- rns-within Oe. proje Pea OGIR@- -
identified as needed in paragraph (a) and set forth a goal or target number and
estimated dollar amount of contracts to be awarded to the eligible businesses and
entrepreneurs within each category over the duration of the Section 3 covered project.
c. Outline the anticipated program to be used to achieve the goals for each business
and /or professional category identified. This program should include but not be limited
to the following actions:
L Insertion in the bid documents, ,if any, of the affirmative action plan of the
applicant, recipient, contractor, or subcontractor letting the contract; and
ii. Identification within the bid documents, if any, of the applicable Section 3 project
area.
iii. Ensuring that the appropriate business concerns are notified of pending
contractual opportunities either personally or through locally utilized media.
III. BIDDING AND NEGOTIATION REQUIREMENTS
Every applicant and recipient shall require prospective contractors for work in connection with
Section 3 covered projects to proyid_e_. prior to the signing of the contract, a preliminary
statement of work force needs (skilled, semi - skilled, unskilled labor and trainees by category)
where known; where not known, such information shall be supplied prior to the signed of any
contract between contractors and their subcontractors. Consideration should be given to those
contractors who will have training and employment opportunities for project area residents.
When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall
advise prospective contractors of the requirements of these regulations.
Initials
Page 1 of 2
15 - SECTION 3 REQUIREMENTS
Miami-Dade County PHCD
Page 26
Applicant, recipient and contractors should insert plan for utilization of project area business in
the bid documents. The recipient must have indicated therein that Section 3 applies to the
project and what is expected of them. All contractors who bid a job just show in their bid what
they will do to implement Section 3. They must in this bid commit themselves to a goal and
show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3, A bid which lacks a
commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged
nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and
Assurance of Compliance are made a part of all contracts.
In implementing its affirmative action plan, each applicant, recipient, contractor, or
subcontractor shall make a good faith effort to achieve its goal or target number and estimated
dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within
each category over the duration of the Section 3 covered project.
IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a
Section 3 covered project shall make a good faith effort to fill all vacant training and
occupational category positions with lower income project area residents.
For further information or if you have any questions regarding Section 3, please contact:
Norissa Nelson, Resident Services Coordinator
Public Housing and Community Development
701 NW 1st Court, 14" Floor
Miami, Florida 33136
Office: 786- 469 -4162
Email: Section3(c),miamidade.gov
T�
Initials
Page 2 of 2
15 - SECTION 3 REQUIREMENTS
Miami -Dade County PHCD
Page 27
SECTION 3 CLAUSE
A. The work to be performed under this contract is subject to the requirements of section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u
(section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance of HUD- assisted projects covered by
section 3, shall, to the greatest extent feasible, be directed to low and very low - income
persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other understanding,
if any, a notice advising the labor organization or workers' representative of the
contractor's commitments under this section 3 clause, and will post copies of the notice
in conspicuous places at the work site where both employees and applicants for training
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
16 - SECTION 3 CLAUSE
KarnWade County r'HCD
Page 28
BIDDER'S INITIAL SECTION 3 GOALS
1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of
1968, as amended.
2. The Bidder estimates that there will be _ 2, ' - -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 /-a&)- percent ( %) from the Section 3
Covered Area (Dade County, Florida).
4. The Bidder estimates that C7 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, D. Ruel Miles (please print), as an authorized Officer of the Bidder, do
hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban
Development Act of 1968, as amended, and will abide by them. We further agree to abide by this
Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the
contract, it becomes su lect to rncinitoring for compl lance with Rs plan by Miami-Dade County Public
Housing and Community Development.
A enc Name:
Employer ID WFID #:
City of South Miami 41- 2242680
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized S
Print Name:
LDRuel Miles
Check one, as applicable:
Contractor
Subcontractor
Other
Title:
President
17 - BIDDER'S INITIAL SECTION 3 GOALS
Wami•Dade County PHCD
Page 29
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION -- LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1, By signing and submitting this proposal, the prospective lower tier participant is
providing the certification set out below:
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment,
person to whom this proposal is submitted if at anytime the prospective lower tier
participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal
and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction, without
modification, in all lower tier covered transactions.
Page 1 of a
1a -CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED
TRANSACTIONS
Mlaml -Dade County PHCD
Page 30
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its. principals.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings,
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transactions in addition, to other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and /or
-deb-armeni. _
Page 2 of 3
18 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION - LOWER TIERED COVERED
TRANSACTIONS
Miami -Dade County PHCD
Page 31
CERTIFICATION
REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
VOLUNTARY EXCLUSION -- LOWER TIER TRANSACTIONS
By submission of the proposal, the prospective lower tier participant certifies, that:
AND
1. Neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction, by any
Federal department or agency,
2. Where the prospective lower tier participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
proposal.
Agency Name:
City of South Miami
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:
Print Name: _
D. Ruel Miles
Ch k one, as applicable:
Contractor
Subcontractor
Other
Employer ID NFID #:
41- 2242680
Tittle:
President
Page 8 of 3
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND VOLUNTARY EXCLUSION -LOWER TIERED COVERED TRANSACTIONS
Miami -Dade County PNCD
Page 32
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246
In carrying out the contract, the contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor shall ' take
affirmative action to insure that applicants for employment are employed, and that employees are
treated during employment, without regard to their race, color religion, sex, or national origin. Such
action shall include, but not Limited to, advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor shall post in
conspicuous places, available to employees and applicants for employment, notices to be provided by
the Government setting for the provisions of the nondiscrimination clause. The contractor shall state
that all qualified candidates will receive consideration for employment without regard to race, color,
religion, sex, or national origin.
Name: Employer 1D #/FID #:
Miami 1 1 41- 2242680
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:
Print Name: Title:
D. Ruel Miles President
Chk one, as applicable:
7 Contractor
Subcontractor
Other
19- EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246
MiarnWade County PHCD
Page 33
EQUAL OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
1) The contractor will not discriminate against any employee or applicant for employment because
he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which
the employee or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified individuals
without discrimination based on their status as a special disabled veteran or veteran of the
Vietnam era in all employment practices, including the following:
i. recruitment, advertising, and job application procedures;
ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
iii, rates of pay or any other form of compensation and changes in compensation;
iv. job assignments, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists;
V. leaves of absence, sick leave, or any other leave;
vi. fringe benefits available by virtue of employment, whether or not administered by
-----the- contract - - - - - - - - - - -
vii. selection and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meeting, conferences, and other related
activities, and selection for leaves of absence to pursue training;
Viii. activities sponsored by the contractor including social or recreational programs; and
ix. any other term, condition, or privilege of employment.
2) The contractor agrees to immediately list all employment openings which exist at the time of
the execution of this contract, including those not generated by this contract and including
those occurring at an establishment of the contractor other that the one wherein the contract is
being performed, but excluding those of independently operated corporate affiliates, at an
appropriate local employment service office of the state employment security agency wherein
the opening occurs_ Listing employment openings with the U.S. Department of Labor's
America's Job Bank shall satisfy the requirement to list jobs with the local employment service
office.
3) Listing of employment openings with the employment service office pursuant to this clause
shall be made at least concurrently with the use of any other recruitment source or effort and
shall involve the normal obligations which attach to the placing of a bona fide job order,
including the acceptance of referrals of veterans and non - veterans. The listing of employment
openings does. not require the hiring of any particular job applicants or from any particular
group of job applicants, and nothing herein is intended to relieve the contractor from any
requirements in Executive orders or regulations regarding nondiscrimination in employment.
Page 1 of 3
20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
MiarnWade County PHCD
Page 34
4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2
and 3 of this clause, it shall advise the employment service agency in each State where it has
establishments of the name and location of each hiring location in the state: Provided, that this
requirement shall not apply to state and local governmental contractors. As long as the
Contractor is contractually bound to these provisions and has so advised that state agency,
there is no need to advise the state agency of subsequent contracts. The Contractor may
advise the state agency when it is no longer bound by this contract clause.
5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment
openings which occur and are filed outside of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the Virgin Islands.
6) As used in this clause:
I. All employment openings includes all positions except executive and top management,
those positions that will be filled from within the contractor's organization, and positions
lasting three days or less. This term includes full -time employment, temporary employment
of more that three days' duration, and part time employment.
ii. Executive and top management means any employee: (a) whose primary duty consists of
the management of the enterprise in which he or she is employed or of a customarily
recagnized- l6partrr% —ht of- 5Ubd!VWi n Ifiereof; and -(67 o cuffo—M-a-My--and Tegu a y dir e s
the work of two or more other employees therein; and (c) who has the authority to hire or
fire other employees or whose suggestions and recommendations as to the hiring or firing
and as to the advancement and promotion or any other change of status of other
employees will be given particular weight; and (d) who customarily and regularly exercises
discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of
an employee or a retail or service establishment who does not devote as much as 40
percent, of his or her hours of work in the work week to activities which are not directly and
closely related to the performance of the work described in (a) through (d) of this paragraph
6. ii.; Provided, that (e) of this paragraph 6A. shall not apply in the case of an employee
who is in sole charge of an independent branch establishment, or who owns at least a 20-
percent interest in the enterprise in which he or she is employed.
iii. Positions that will be filled from within the contractor's organization means employment
openings for which no consideration will be given to persons outside the contractor's
organization (including any affiliates, subsidiaries, and parent companies) and includes any
openings which the contractor proposes to fill from regularly established "recall" lists. The
exception does not apply to a particular opening once an employer decides to consider
applicants outside of his or her own organization_
7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
8) In the event of the Contractor's non - compliance with the requirements of this clause, actions for
non - compliance may be taken in accordance with the rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
Page 2 of 3
20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
Miami-Dade County PHCD
Page 35
9) The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for
Federal Contract Compliance Programs, Director, provided by or through the contracting
officer. Such notice shall state the rights of applicants and employees as well as the
contractor's obligation under the law to take affirmative action to employ and advance in
employment qualified employees and applicants who. are special disabled veterans or
veterans of the Vietnam era. The contractor must ensure that applicants or employees who
are special disabled veterans are informed of the contents of the notice (e.g., the contractor
may have the notice read to a visually disabled individual, or may lower the posted notice so
that it might be read by a person in a wheelchair).
10) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is bound
by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended,
and is committed to take affirmative action to employ and advance in employment qualified
special disabled veterans and veterans of the Vietnam era,
11) The Contractor will include the provisions of this clause in every subcontract or purchase order
of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor.
Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non - compliance.
Agency Name: Employer ID WID #:
City of South Miami 41- 2242680
Full Address (including City, ST and zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:— --
Print Name: Title:
D. Ruel Miles President
Ch e k one, as applicable:
Contractor
Subcontractor
Other
Pape 3 of 3
20 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
Miami -Dade County PHCD
Page 36
EQUAL OPPORTUNITY
FOR WORKERS WITH DISABILITIESS
1) The contractor will not discriminate against any employee or applicant for employment
because he or she is a physical or mental disability in regard to any position for which
the employee or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified
individuals with disabilities without discrimination based on their physical or mental
disability in all employment practices, including the following:
X. Recruitment, advertising, and job application procedures;
A. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
xii. Rates of pay or any other form of compensation and changes in
compensation;
xiii. Job assignments, job classifications, organizational structures, position
xiv. Leaves of absence, sick leave, or any other leave;
xv. Fringe benefits available by virtue of employment, whether or not
administered by the contractor;
xvi. Selection and financial support for training, including apprenticeship,
professional meetings, conferences, and other related activities, and
selection for leaves of absence to pursue training;
xvii. Activities sponsored by the contractor including social or recreational
programs; and
xviii. Any other term, condition, or privilege of employment.
2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
3) In the event of the Contractor's non - compliance with the requirements of this clause,
actions for non - compliance may be taken in accordance with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursuant to the Act.
4) The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices in a form to be prescribed by the Deputy Assistance
Secretary for Federal Contract Compliance Programs, provided by or through the
contracting officer. Such notice shall state the rights of applicants and employees as
well as the contractor's obligation under the law to take affirmative action to employ
and advance in employment qualified employees and applicants with disabilities. The
contractor must ensure that applicants or employees with disabilities are informed of
the contents of the notice (e.g., the contractor may have the notice read to a visually
disabled individual, or may lower the posted notice so that it might be read by a person
in a wheelchair).
Page 1 of 2
21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Mlami -Dade County PHCD
Page 37
5) The Contractor will notify each labor union or representative of workers with which it
has a collective bargaining agreement or other contract understanding, that the
contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as
amended, and is committed to take affirmative action to employ and advance in
employment individuals with physical or mental disabilities.
6) The Contractor will include the provisions of this clause in every subcontract or
purchase order in excess of $10,000, unless exempted by rules, regulations, or orders
of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the Deputy
Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non - compliance
A enc Name: Employer ID #IFID M.
City of South Miami 41- 2242680
Full Address (including City, ST and Zip) - - -
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:
Print Name:
D. Ruel Miles
Ch7Contractor one, as applicable:
Subcontractor
Other
Title:
President
Pa¢e 2 of 2
21 - EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Miarn -Dade County PHCD
Page 38
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
60-4.2 (d) THE. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in all trades on all
construction work in the covered area, are as follows:
A. GOALS FOR MINORITY UTILIZATION, All Trades;
Area Covered: Dade County, Florida
Goals and Timetables *
Timetable Trade Goal
Until Further Notice All 39.5%
B. GOALS FOR FEMALE UTILIZATION, All Trades:
Area Covered: Goals for Women apply nationwide.
Goals and Timetables *
Timetable Trade Goal
Until Further Notice All 6.9%
THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK
CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED)
PERFORMED IN THE COVERED AREA.
A.C.k.
Page 1 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 39
The Contractor's compliance with the Executive Order and the regulations in 41
CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, speck affirmative action obligations required by the specifications set
forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals' established for the
geographical area where the contract resulting from this solicitation is to be
performed. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade,
and the Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor or from project to project
for the sole purpose of meeting the Contractor's goals shall be a violation of the
contract, the Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours
performed.
3. The Contractor shall provide written not cation to the Director of the Office of
Federal Contract Compliance Programs within 10 working days of award of any
construction subcontract in excess of $10,000, at any tier for construction work
unde[-t-he- contract re.-milting from this saliritatinn_ Tb_ e_nntification -shaJL L% the
name, address and telephone number of the subcontractor, employer
identification number, estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in
which the contract is to be performed_
4. As used in this Notice, and in the contract resulting from this solicitation, the
"covered area" is Miami -Dade County, Florida (insert description of the
geographical areas where the contract is to be performed giving the state,
county and city, if any).
60-4.3 (a) EQUAL OPPORTUNITY CLAUSE
During the performances of this contract, the Contractor agrees as follows:
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 treated during employment, without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of
this Equal Opportunity Clause.
Initials
Page 2 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 40
2. The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, _color, religion, sex, or
national origin.
3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the labor union or workers'
representative of the Contractor's commitments under this Equal Opportunity
clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
5_ The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the- 5eereta ry of ka - ef- pu%tiant there"nd- wits- perm„t arseess to hie boob
records and accounts by HUD and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract or with any of the said rules, regulations, or orders, this
Contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the statement preceding subparagraph (1) and the
provisions of subparagraph (1) through (7) in every subcontract or purchases
order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as HUD many direct as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in or is threatened with litigation with a
subcontractor or vendor as a result of such direction by HUD, the Contractor
may request the United States to enter into such litigation to protect the United
States.
Initials
Page 3of10
22- NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 1 1246)
Miami -Dade County PHCD
Page 41
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance
Programs, United States Department of Labor, .or any person to whom
the Director delegates authority.
C. "Employer Identification number" means the Federal Social Security
number used on the Employer's Quarterly Federal Tax Return, U.S.
Treasury, Department Form 941.
- Black (all persons having origins in any of the Black African racial
groups not of Hispanic origin).
- Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish Culture or origin regardless of race).
- Asian and Pacific Islander (all persons having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian Subcontinent,
or the Pacific Islands); and
- American Indian or Alaskan Native (all persons having origins in any of
the original peoples of North America and maintaining identifiable tribal
affiliations through membership and participation or community
identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a
portion of the work involving any construction trade, it shall physically include in
each subcontract in excess of $10,000, the provisions of these specifications
and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract
resulted.
au
IniilaFs
Page 4 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO FN5URE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami- Dade.County PHCD
Page 42
3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown
Plan approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the Plan area (including goals and timetables) shall be in accordance
with that Plan for those trades which have unions participating in the Plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to
comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered
Contractor or Subcontractor's failure to take good faith efforts to achieve the
Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7a through 7p of these specifications. The goals set
forth in the solicitation from which this contract resulted are expressed as
- aereentagesofthe teta -V- ufs-- ef--- empliayfnes aiad - training of m inerity --and
female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. The
Contractor is expected to make substantially uniform progress toward its goals
in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by
a union with whom the Contractor has a collective bargaining agreement, to
refer either minorities or women shall excuse the Contractor's obligations under
these specifications, Executive Order 11240, nor the regulations promulgated
pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be
counted in meeting the goals, the Contractor must employ such apprentices and
trainees during the training period, and the Contractor must have a commitment
to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be trained
in training programs approved by U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the Contractor's compliance with
these specifications shall be based upon its effort to achieve maximum results
from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following:
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
a. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which the
Contractor's employees are assigned to work. The Contractor, where
possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents,
and ocher on -site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
speck attention to minority or female individual working at such sites or
in such facilities.
b. Establish and maintain a current list of minority and female recruitment
sources, provide written notification to minority and female recruitment
sources and to community organizations when the Contractor or its
unions have employment opportunities available, and maintain a record
of the organizations' responses.
C. Maintain a current file of the names, addresses and telephone numbers
of each minority and female off -the- street applicant and minority or
organization and of what action was taken with respect to each such
individual. If such individual was sent to the union hiring hall for referral
and was not referred back to the Contractor by the union, if referred, not
employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor
may have taken.
d. Provide immediate written notification to the Director when the union or
unions with which the Contractor has a collective bargaining agreement
has not referred to the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its
obligations.
e. Develop on4he job training opportunities and /or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to the Contractor's employment needs, especially those
programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources
complied under (7) b above.
41,11.
Page 6 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 44
f. Disseminate the Contractor's EEO policy by providing notice of the policy
to unions and training programs and requesting their cooperation in
assisting the Contractor in meeting its EEO obligations; by including it in
any policy manual and collective bargaining agreement; by publicizing it
in the company newspaper, annual report, etc.; by specific review of the
policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy
on bulletin boards accessible to all employees at each location where
construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative
action obligations under these specifications with all employees having
any responsibility for hiring, assignment, layoff, termination or other
employment decisions including speck review of these items with onsite
supervisory personnel such as Superintendents, General Foremen, etc.,
prior to the initiation of construction work at any job site. A written record
shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of
h. Disseminate the Contractor's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media, and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and Subcontractors with
whom the Contractor does or anticipates doing business.
Direct its recruitment efforts, both oral and written, to minority, female and
community organizations, to schools with minority and female students
and to minority and female recruitment and training organizations serving
the Contractor's recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor
shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer and vacation employment to minority and female youth
both on the site and in other areas of a Contractor's workforce.
k. Validate all tests and other selection requirements where there is an
obligation to do so under 41 GFR Part 60 -3.
i
Page 7 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miaml -Dade County PNCD
Page 45
1. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
M. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and the Contractor's obligations under these
specifications are being carried out.
n. Ensure that all facilities and company activities are non - segregated
except that separate or single --user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations or offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
P. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary associations that assist in
fulfilling one or more of their affirmative action obligations (7) a. through (7) p.
The efforts of a contractor association, joint contractor - union, contractor -
community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under
(7) a. through (7) p. of these Specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the
Contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf
of the Contractor. The obligation to comply, however, is the Contractor's and
failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
I
Page 6 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCO
Page 46
9. A single goal for minorities and a separate single goal for women have been
established. The Contractor, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and non - minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is
employed in a substantially disparate manner (for example, even though the
Contractor has achieved its goals for women generally, the Contractor may be in
violation of the Executive Order if a specific minority group of women is
underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action
standards to discriminate against any person because of race, color, religion,
sex, or national origin.
11. The Contractor shall not enter into any Subcontract with any person or firm
debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall cant' out such sanctions and penalties for violation of these
-- — ��atier�� are tf�e— Irgra� Bp�it► G}aese, :n..,�„d,,,�,_s,en ,
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.
Initw
Page 9 of 16
22 - NOTICE OF REQUIREMENT FOR ArFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade Comfy PHCD
Page 47
15. Nothing herein provided shall be construed as a limitation upon the application
of other laws that establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
these under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Inittalk
Page 10 of 10
22 - NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
Miami -Dade County PHCD
Page 48
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
treated uring e nployment witiou redo bier race, color, er�atlor�at
origin; such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous place,
available to employee and applicants for employment, notices to be provided setting
forth the provision of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive considerations for
employment without regard to race, color, religion, sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement to other contract or understanding, a notice to
be provided advising the said labor union or worker's representatives of the
contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor.
Page 1 of 2
23 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
Miami -Dade County PHCD
Page 49
5. The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the contractor's noncompliance with the non - discrimination clauses of
this contract or with any of such rules, regulations, or orders, the contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately preceding
paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of
1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontractor or purchase order as
the contracting agency may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, however, that in the event the contract
becomes involved in, or threatened with, litigation with a subcontractor or vendor as a
result of such direction by the contracting agency, the contractor may request the
United States r into such litigation to protect the interests of the United States.
By: -
Print: Reuel Miles
-title: President
04.18.14
Date:
Business Address: Pioneer Construction Management Services, Inc.
6114 NW 7th Ave
Miami, FL 33127
Page 2 of 2
23 - EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTfVE ORDER 11246
Miami -Dade County PHCD
Page 50
CERTIFICATION OF NONSEGREGATED FACILITIES
1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other-storage or dressing areas, parking lots, drinking fountains, recreation
or entertainment areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of an offer, the bidder certifies that it does not and will not maintain
or provide for its employees any segregated facilities at any of its establishment, and
that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The bidder
agrees that a breach of this certification is a violation of the Equal Opportunity clause of
the contract.
3. By submission of the bid, the bidder further agrees that (except where it has obtained
identical ce locations from proposed subcontractors for specific time periods} it wiW, -- -
a. Obtain identical certifications from proposed subcontractors before the award of
subcontracts under which the subcontractor will be subject to the Equal
Opportunity clause;
b. Retain such certifications in its files; and
c. Forward this certification and the attached NOTICE TO PROSPECTIVE
SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF
NONSEGREGATED FACILITIES to proposed subcontractors.
d. By commencing performance of the Contract work, the selected contractor
certifies to the Nonsegregated Facilities provisions above.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C.
1001
By:
Print: D. Ruel Miles
Title: President
04.18.14
Date:
Business Address: Pioneer Construction Management Services, Inc.
6114 NW 7th Ave
Miami, FL 33127
Page 51
24 - CERTIFICATION OF NONSEGREGATED FACILITIES
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATION OF NON SEGREGATED FACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R.
7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must
be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from
the provisions of the Equal Opportunity Clause. The certification may be submitted either for
each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually,
annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
Name: Employer ID #1FID #:
of South Miami 1 1 41- 2242680
Full Address (including City, ST and Zip)
6114 NW 7th Ave
Miami, FL 33127
Authorized Signature:
Print Name:
D. Ruel Miles
ChecY one, as applicable:
Contractor
Subcontractor
Other
Title:
President
25 - NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES
Miami -Dade County PHCD
Page 52
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
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
inspection, m o nitori ng, entry, reports,. and information, as well as a I other requiremen s
specked 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,
Pioneer Construction Management
Services, Inc.
Name of Bidder
A Signature
04.18.14
Date
26 - NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR, EXCEUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION
Miami -Dade County PHCD
Page 53
CERTIFICATION OF COMPLIANCE
WITH FEDERAL REGULATIONS
The bidder certifies that he /she will comply with all applicable standards, orders or regulations issued
pursuant to the clean Air Act of 1970 (42 U.S.C. 1B57 et seq.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) as amended and with the Lead -Based Paint Poisoning Prevention Act
(Public Law 91 -695). All applicable rules and orders of the Federal Government issued there under
prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and
assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban
Development and the Regional Office of the Environmental Protection Agency.
Pioneer Construction Man ement Services, Inc.
Name of Bidder
re
04.18.14
Date
6114 NW 7th Ave, Miami, FL 33127
Official Address (including Zip Code)
27 - CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS
Miami -Dade County PHCD
Page 54
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 embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
2. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
Pioneer Construction Management Services, Inc.
Name of Bidder
S"
04.18.14
Date
6114 NW 7th Ave, Miami, FL 33127 _
Official Address (including Zip Code)
28 - CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)
Page 55
Mlami-Dade County PHCD
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC- OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This form statement is submitted to
by D. Ruel Miles, President
the City of South Miami
(Print Individual's name and title)
Pioneer Construction Management Services, Inc.
(Print name of entity submitting swom statement)
whose business address 6114 NW 7th Ave, Miami, FL 33127
and if applicable its f=ederal Employer Identification Number (FEIN) is 41- 2242680 If the entity
has not FEIN, include the Social Security Number of the individual signing this sworn statement.
2. 1 understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues,
means a violation of any state or federal law by a person with respect to an directly related to
the transactions of business with any public entity or with an agency or political subdivision of
any other state or with the United States, including, but not limited to any bid or contract for
goods or services to be provided to public entity or agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry
of a plea of guilty or nolo contendere.
4. I. understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes
means:
a) A predecessor or successor of a person convicted of a public entity crime, or
Page 1 of 3
29 - PUBLIC ENTITIY CRIMES AFFIDAVIT
Miaml -Dade County PHCD
Page 56
b) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues,
means any natural person or entity organized under the laws of any state or of the
United States within the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or entity. The term "person"
includes those officers, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting sworn statement, nor any of its officers, director,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order).
Page 2 of 3
29 - PUBLIC ENTMY CRIMES AFRDAVIT
Miami -Dade County PHCD
Page 57
UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT
PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this 18 day of
Personally known _ � • jqtA t4- (-fl :%: LG'S '
Or produced identification
(Type of identification)
a Notary Public State of Florida
M Coo Malcolm
My Commission EE 159118
Expires 01/11 /2016
(Signature)
April
2014
Notary Public -State of �1o"� C,
My commission expires t i t I \o
�,►. ,,Q ,_..s Q_A�
(Printed, typed or stamped commissioned
name of notary public)
Page 3 of 3
29 - PUBLIC EKTnW CRIMES AFFIDAVIT
Miami -Dade County PHCD
Page 58