Loading...
Res No 095-20-15535RESOLUTION NO.: 095-20-15535 A Resolution authorizing the City Manager to negotiate and enter into a contract with Unitec Inc., for the construction of bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue. WHEREAS, the City Mayor and Commission desire to enhance the existing transportation system and mobility choices available to residents, workers, and visitor to the City; and WHEREAS, the Mayor and City Commission wish to provide people with sustainable, safe and effective alternatives to personal motorized vehicles; and WHEREAS, this project was approved by Commission in the South Miami Intermodal Transportation Plan; and WHEREAS, the City received funding participation from the Miami -Dade County Public Housing Community Development block grant (CDBG) in the amount of $354,916 of which a total of $ 294,916 are dedicated to the construction cost phase and $60,000 were expended in the design phase; and WHEREAS, an Approval of the bid package was received from the Public Housing and Community Development on June 5, 2020; and WHEREAS, to improve mobility and encourage safer passing behaviors, the City developed a design and prepared necessary construction documents for the construction of bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue; and WHEREAS, a design and construction documents were developed and approved by City Staff and Miami - Dade County Department of Transportation and Public Works; and WHEREAS, the City received a total of nine (9) proposals in response to a construction solicitation; and WHEREAS, pursuant to a competitive selection process, it was determined that that the lowest bidder was deemed non -responsive; therefore, Unitec Inc., the second lowest bidder submitted a cost proposal in the amount of $358,444.65 that was determined to be the most responsive and most cost effective; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Unitec Inc., Inc for the construction of Bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue for a total amount not to exceed $398,457 with no contingency. WHEREAS, the expense for this project shall be charged $ 293,916 to the to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-6450 which has a balance of $293,916 prior to this request, $1,000 to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-3450 which has a balance of $1,000 prior to this request and $103,541 to the People Transportation Tax Fund account number 124-1730-541-6490, which has a balance of $838,433.65 prior to this request. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAM1, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Page 1 of 2 Resolution No. 095-20-15535 Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with Unitec Inc., for the construction of Bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue for a total amount not to exceed $398,457 with no contingency. A copy of the approved form of contract is attached. The expenditure shall be charged $ 293,916 to the to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-6450 which has a balance of $293,916 prior to this request, $1,000 to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-3450 which has a balance of $1,000 prior to this request and $103,541 to the People Transportation Tax Fund account number 124-1730-541-6490, which has a balance of $838,433.65 prior to this request. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 401 day of August. 2020. ATTEST: APPROVED: P CITY C RK AYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THERE r CITY -�rTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Rem NoA. City Commission Agenda Item Report Meeting Date: August 4, 2020 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Rem Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a contract with Unitec Inc., for the construction of bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue. 3/5 (City Manager -Public Works & Engineering) Suggested Action: Attachments: Memo for Con st Award for Bike Ln SW 64st (57-62Av) 7-24-20.docx Reso for Const Award for Bike Ln SW 64st (57-62Av) 7-24-20.docx FINAL RFP PW2020-14Install Of Bike Lanes6.22.20.pdf Proposal Summary RFPPW2020-14721.20.pdf UNITEC Bidding Document (13).PDF PHCD Approval Bid Pack SW 64st Bike Lns 57-62 Ave.pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager DATE! August 4, 2020 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with Unitec Inc., for the construction of bicycle lanes with separation along SW 64th Street from SW 62nd Avenue to SW 57th Avenue. BACKGROUND: The City desires to enhance the existing transportation system and mobility choices available to residents, employees and visitors to the City. To improve the mobility choices the City developed a design and prepared necessary construction documents for installation of bicycle lanes with separation along SW 64`h Street between SW 62nd Avenue to SW 57`h Avenue. The City received funding participation from the Miami - Dade County Community Development block grant (CDBG) in the amount of $354,916 of which a total of $ 294,916 are dedicated to the construction cost phase and $60,000 were expended in the design phase. The City received a total of nine (9) proposals in response to a solicitation. Pursuant to review, it was determined that the lowest bidder was deemed non -responsive; therefore, Unitec Inc., the second lowest bidder is the most responsive and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Graphlex Signage $ 46,680.00 Unitec, Inc $398,457.00 JVA Engineering Construction Inc. $400,000.00 An Approval of the bid package was received from the Public Housing and Community Development on June 5, 2020. AMOUNT: Amount not to exceed $398,457 with no contingency FUND & AccouNT: The expenditure shall be charged $ 293,916 to the to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-6450 which has a balance of $293,916 prior to this request, $1,000 to the Community Development Block Grant (CDBG) Fund account number 120-3306-541-3450 which has a balance of $1,000 prior to this request and $103,541 to the People Transportation Tax Fund account number 124-1730-541-6490, which has a balance of $838,433.65 prior to this request. ATTACHMENTS: Resolution RFP PW2020-14 Construction Documents with Exhibits RFP PW2020-14 Proposal Summary Page 1 of 2 2 South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Unitec Inc., Bid Documents Miami -Dade County PHCD Approval Letter for Bid Package. Page 2 of 2 EXHIBIT 5 CONSTRUCTION CONTRACT SW 64T" STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 THIS CONTRACT was made and entered into on this 17th day of July 20 20 by and between Unitec Inc. (hereafter referred to as "Contractor"), and the City of South Miami (hereafter referred to as "Owner"), through its City Manager (hereafter referred to as "City"). WITNESSETH: i hat, Contractor, for the consideration hereinafter fully set out, hereby agrees with Owner as follows: I. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of. Three hundred ninety-eight thousand, four hundred fifty-seven Dollars ($ 398,457 , 00j (Spell ovWAffxn ,cam) ("Contract Price"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price, The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. 1f the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor In connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed in 120 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $2,500.00 dollars per day, 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor mygg gJ yt9Txpense within five (5) business days after the receipt 1 of 149 of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work by appropriate action by the City and in accordance with the Contract Documents, I I.The date that this contract was "made and entered into' and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: U 1ttsc Inc. \ Signature: Print Signatory's Name: Katiuska Hurles Tide of Signatory. President ATTESTED OWNER: CITY F SOUTH M MI Signature: Signature: _. - Nken A. Pay Shari Karnali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: n 160 of 193 2 of 149 EXHIBIT 6 CONSTRUCTION CONTRACT GENERAL CONDITIONS SW 64T" STREET FROM SW 62"D AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 ARTICLE I — DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, istare ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of the term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Ed The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder. Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. QV, The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager. Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as 4&p§ day. 3 of 149 PUs: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawing5; The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order. A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Nonconforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Prroiect: The entire construction operation being performed as delineated in the Contract Documents. Policy: The term "policy" as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. FFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor. An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would 162 of 193 4 of 149 not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer. of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document Forfeiture of Bid Security/Performance and Payment Bond if any are_reauired by the aoolicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (I00%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.31 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(l ), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami -Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 163 of 193 5 of 149 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Project.: 2.6 ' CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre -construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER'S representative, CONSULTANT. Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcantractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organl67�qQ%Snust be submitted as specified in the Contract 6 of 149 Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3—CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANTS attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference 'is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. 165 of 193 7 of 149 (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale W Drawings of a smaller scale (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally je�e*g9tn Work of the character provided for in this 8 of 149 Contract The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE S — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As -Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor, Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the Instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials. Equipment. Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, orloego obequipment of equal substance and function for those 9 of 149 referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project All such Work must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 168 of 193 10 of 149 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lightinize 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. 169 of 193 11 of 149 Safety and Protection: 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entities him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission. CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given, in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re -submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good ordef76ng �ffk or binder, in chronological order or in such other 12 of 149 order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must dean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is dosed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions; 6.31 CONTRACTOR must provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of11-d< ftument. Indemnification is limited to damages caused 13 of 149 in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of - ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work. CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities. Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in 172 of 193 14 of 149 strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. if CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost: 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 — CITrS RIESPONISIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing laAcT-PRfdI@&%ements are set forth in Paragraphs 4.1 and 4.2. 15 of 149 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CQNSULTANTS' STATUS DURING CONSTRUCTION, QV's Representative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations• 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Re ei cting Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article 1. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28. inclusive. 9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpretei7gfetqlaonstruction Documents. 16 of 149 Limitations on Consultant's Res_ onsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES IN THE WORK. 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an Increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10A The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4A, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10S It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE I I — CHANGE OF CONTRACT PRICE. 1 I .I The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 1 1.2.1 Specifications (including drawings and designs): 11.2.2 Method or manner of performance of the Work. 11.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 175 of 193 17 of 149 1 1.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 1 1.7.1 By negotiated lump sum. 1 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed I S%. If CONTRACTOR disagrees with CONSULTANT's determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami - Dade County and may only include the following items: 1 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 1 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 1 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 1 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of 176 of 193 18 of 149 said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 1 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 1 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. 11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (256) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the following: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 1 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time. taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of saf ¢*s and the cost and effect of the failure of 19 of 149 CONTRACTOR to complete the Contract on time. The above -stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively. and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. _ARTICLE 13 —GUARANTEE 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.I, will take precedence over S��cjR ]J31. 20 of 149 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his reasons for refusing to approve payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] 179 of 193 21 of 149 The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment; free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has correct Defective WoTgCp6fcfflpIeted the Work in accordance with Article 13. 22 of 149 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification") by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re -certified. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION, 15.1 The City Manager may, at anytime and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar8*W t"otice in writing to CONTRACTOR and 23 of 149 CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. Cry May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I SAA OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a tamely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considerhtsfVted. In lieu of terminating the Contract, if 24 of 149 CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant, 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANTS request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de -certifies a payment application, decertifies Substantial Completion, decerdfies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 —MISCELLANEOUS 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given If delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other parry within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL, 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterdaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION I W_ NUE / GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami -Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS, 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 183 of 193 25 of 149 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.l 19.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph In all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and In all appellate proceedings. ARTICLE 20 — SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT CONTRACTOR, 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 —ASSIGNMENT, 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 — FORCE MAJEURE. 184 of 193 26 of 149 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this 17 day of JUIY . 20� CONTRACTOR: Uf11te nt . Signature: Print Signatory's Name: Tide of Signatory: President ATTESTED: OWNER: CITY OF SOUT AMI 1 ' Signature: JLP Signature: Nken A. Payn Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signajr / City Attorney 185 of 193 27 of 149 EXHIBIT 7 Supplementary Conditions CONSTRUCTION CONTRACT SW 64TH STREET FROM SW 62ND AVE TO SW WN AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 A. Consultant: In accordance with ARTICLE I of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSULTANTS, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: MARLIN C ENGINEERING 1700 N.W. 66 Avenue Suite 106 Plantation, FI 33313 Ph: 305/477-75t5 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another "person" to act as CONSULTANT. C. Puns for Construction: The successful CONTRACTOR will be furnished sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT 1. Attachments A. B & C to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 90 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution Is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. 1. IN WITNESS WHEREOF, the parties hereto have executed th Supplementary Conditions to acknowledge their inclusion as part of the Contract on this 17 day of gUly , 2020 . i � CONTRACTOR: Unn Inc. l Signature: i Print Signatory s Name: Katiuska Hurles Title of Signatory: President 186 of 193 28 of 149 ATTESTED: Signature: i Nlke4 A. Payn City Clerk Read and Approved as to Form, Language, Legality. and Execution Thereof. ✓ Signa rc: City Attorney OWNER: CITY OF OUTH MI MJ, Signature: Shari Kamali City Manager 187 of 193 29 of 149 EXHIBIT I SCOPE OF SERVICES ATTACHMENT A SW 64TH STREET FROM SW 6211D AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 Scope of Services & Schedule of Values/Summary of Quantities 1. General Requirements: The project is funded in whole or part by a federal grant, Community Development Block Grant, (CDBG) through Miami -Dade County. Respondents must comply with the CDBG requirements; refer to EXHIBIT 4 "CDBG Federal Grant Requirements, Public Housing & Community Development Federal Labor Standards & Section 3 Requirements." The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. This includes, but is not limited to the furnishing all labor of Contractor and the labor of all allowable subcontractors, and cost of disposal of materials as well as all necessary machinery, tools, transportation, equipment rental and permits, to perform all of the Work. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees from other government entities, if required, shall be the responsibility of the Respondent/Contractor however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project The work associated with this project should be reflected in the Respondent's proposal and "Schedule of Values Form, "Scope of Services," Exhibit 1, Attachment B. 11. Scope of Work: The scope of work includes but is not limited to maintenance of traffic, clearing and grubbing, road excavation and stabilization, milling and resurfacing, miscellaneous road repairs, concrete curb, sidewalk, detectable warnings, turf and pavement markings. Work activity is limited to . the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday. 30 of 149 III. Site Location: "SW 64T" STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES." Please refer to Exhibit 1, Scope of Services, Attachment C, "Installation of Bicycle Lanes." IV. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the limits defined by the site plan. WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I, SCOPE OF SERVICES, ATTACHMENTS. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT SHALL CARRY THE TREE MITIGATION ALLOTMENT AS WELL AS THE CONTINGENCY IN THEIR TOTAL BASE BID. RESPONDENT SHALL PROVIDE PRICING FOR THE ADD ALTERNATES LISTED ON THE PAY ITEMS. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. V. Plans and Specifications: Please refer to Exhibit 1, "Scope of Services" and Attachment C, ""Installation of Bicycle Lanes." VI. Project Duration: The complete construction of the project is 120 calendar days from notice to proceed. VI1. Warranty: If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed, including installation by an authorized dealer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, it shall be assigned to the City. NOTE: A Performance and Payment Bond is required for the full amount of the project and is NOT required with the submittal. EPgp&gSECTION EXHIBIT SCOPE OF SERVICES ATTACHMENT B SW 64TH STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 "SCHEDULE OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENTS PROPOSAL UNRESPONSIVE 32 of 149 £6l JO 6E 00'L9V'86£ IviOl ' 88610 W9 M0113A„9'OI1SV1dOdV!13Hl TOZ-9T-TTL ' ETZ'T W9 311HM.9'011SV1dOWa3Hl TOT-9T-TTL MEES ' L E6T'O W9 (OE-OT) dl)IS M0113A „9'OIlSVldOWa3H1 TEZ-ST-TTL ` 060'0 W9 (30"D N3d0) 311HM „B']ILSVldOWV3HI 251-ST-TTL 00'98 L`E Vt V3 (OUVONVIS) 31JHM MOVHV':)ILSV1dOWa3Hl OLT-VT-TTL 00'60 ' ZZ V3 (a3W1HO43'8d) (DIS)109WAS NO 39VSS3W 'OI1SV1dOWa3H1 091-bt-TTL 7s*t,qg'nL 9£'9 VE9 di 311HM „VZ'03WbOd3'dd'OLLSV1dOWV3Hl SZT-OT-TTL L ZEZ d1 M0113A „91'3USVldOWH3H1 VZZ-TT-TTL 8 V3 (aHvaNV15) 3JJHM MOVVV'OLLSVldOWa3Hl OLT-TT-TTL t?'L TOT'O W9 (VA) 3NI13aln93J1HM.9'3LLSV1dOWMI TbT-TT-TTL OVLV6 OEE d1 31JHM „VZ'OLLSVldOWa3HI SZT-TT-TTL VTV691 EIPL d1 31JHM „8T':)LLSV1dOWV3H1 VZT-TT-TTL tW.Wn'C'9VEZ dl 3JJHM „ZT'OI1SV1dOWa3H1 EZT-TT-TTL ' ' T Si 3OVd»nS lVNld - S9NI)IHVW iN3W3AVd a31NIVd 06-OIL 09,ZE OE SV MOWN ' JSOd N91S 319NIS 09-T-004 Oz-qqo,qLLb SV 1NnOW aNn0v9 `JSOd N91S 319NIS TT-T-OOL nn*pyO,n8 SV I A 3dAl'1183'A19W3SSV d001 90TZ-099 00-5917 Z V3 6 3dA1'IVJd Mu:=Nl V013313a d001 WIMS r60TI-099 00'ZV6 T V3 113A03 „IpZx„ET'1'8d'X08 DNS '8lend TT-Z-SE9 86T AS a0S'd21n133NVYYUOA3Hd Z-T-OLS 00'9E9`5 SVZ dS S9NINVVM 318V13313a Z-LZS OZ'L6£'S1. 09'V5 Z8Z AS (N33»9)1N3W3AVd a3Nii311Vd E-T-EZSO Oc-Q§ VOV AS SV3bV aV1nOlH3A'1N3W3AVd o3NI13.11Vd T-EZS ' UO'$Z 96S AS XOIHl „9 `SAVM3Alaa ONV X1VM3a13 313M3N0O Z-ZZS 0 '96E'6i 00T L Z6V't dl a 3dAL,asnO 3.13V:)NOO V-Z-OZS ' 059 Al d 3dAl'!l3LMS 13 gunO 313bONO3 OT-T-OZS 9 dl aJ/S „8i aNnou ivim3ivw 1VNOLLdO `lumim 3dld 8TTSLT-Qfb LE 9' T V3 ,OT > S - Sf UAL QHn0'J.31NI tSVT-SZV Onw-` 0 Z8L Ni S'6-Od'3 3111VUI'3S»n03 NOL OIMd 3J.3a0NO011VHdSd ZS-L-Lff 'Z V N1 eZ'8 „1'9O1ddVgi'31MON00IIVHdSV 3AVdV3dn5 ZT-T-LEE ' E6'Z OST'VT AS Hld3a 9AV „I `lAvd HdSV 1SIX3 JNITIIW I-OL-LZ£ V O'LZ AS („8) 90 dnOHD 3SV9'3SV91VNOLLdO 90-L-38Z E TIT AS (.11) TO MOOD 3M '3SV81VNOIldO rT0-L-58Z M99C T-VV AS N011VZI119V1S 9 3dA1 b-�T ' L'V61 A3 3unSV3W 93nvi'NOLLVAV3X3 MO»»09 Z-Z-OZT ZZ'99V 6 9'90Z A3 NOLLVAV:)X3 T-OZI On'lan' Z'ZV9 AS LN3VY3AVd 3131DNOO 9NLLSIX3 dO 1VAOW3a OT-d-OTT 00,069 ` L L 90'0 3V 9NI98nld9 aNV 9NINVTO T-T-OTT 00'099' OSS'L dl a31VVV8 JN3W163S E-OMT CS L OO,9U OZT/T VO/Sl 3ldlVVl d0 33NVNRNIVW L-ZOT T sl (%B) NOLLVZI1I90W T-TOT 3so3 3so3-31un A3b 3lun uol;dlnsa0 wail Aed JGL OD mm-IKMM - IIYV= RMOS d0 E.LI'J T WOMS69 - 9AV RUS Mg 04 GAT puz9 Mg ==; 4S XPb9 MS - eeu'az a;ig pa!ZoelOsa azoz>>;zrs: S3nivA gO 3-inm s x EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT C SW 64T" STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 "SW 64TH STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES" PREPARED BY: MARLIN ENGINEERING 35 of 149 3,v'd 'POO'Ft-919I9 27/W U30H0 O37Y3S CAN O3HDIS A71Y11910 3714 JINMJD313 3H1 S1 J33HS SIH1 3O QYO-In WENdiO 3H1 c 0 e A w 3a0A x 2 f 9 ern 8 y y WQa ��- �tv� i g' h_w co w ��w o o $''tL cotJ x , , ZZ Ne Asa q' z ca w wq u k�aU Z a ¢ � •• n m O N P � LA. Cs � O g 2 Z � h $ vwi i w a Wei a O o w a` L. >. a Nut irz u w 2 Q uN'`nw Q t" r i x w 3 0 w t w u F T cl Z {. 0Oti Q u1 V O �2 xx O u 1-N O 42Q O O; {11 Y T ''Jti'i On.- W ; ,�. rT, or v ° �iJ= Q j z * �4v'�� R '•, O .` x o0 Vl y A N N •� •� l. ^_ M„ OWE Cd �x >>4 a -- b tn New w - y � 0-4 .. W. 4 ¢ � H VW ) o �4 ,��i��ffllr1J E Oe Y c o •; i• : i .N. o .x co `ti0h f0o-� utim l7 l7 cc qLJ d ri n 1 : I C Cy E Ww ydj '```•�>6r �J • (�O`\ �` C .A'. O b ti N1 4 Z w w a ''a:l Ia :tip 4x :4 '0 N N o m Q p wW0 Q N� HOC U 4. V7 >• 2 O Q b a o LUi C 0 A ?N a Ca. mad ° Au Q G a {a. wo�x a�t7rw'q [W� g C °•N°Q �Q~N $' W Q ty NUW2?.WIJ C N C q Q C w E 3 W - i 4 2 Q V. U' w jjj{,,,�]]] y ao V' L C m q 3 O N L , '1 • Q �) Q N 31 11. 0U' CC In N = F ti F V i Q fff������ > „� in 1 4 CM �. Lk oc oa„ o�,a 0:6 ix K p W C� 8Y=51 Z o �a� ? `o C� (` >(2cc HMv�`'�P;o ^=So�Uofnt Z wN a� Z d'° O W 0000fn.:�-�^f F�1 U O Q' 44 0 4 �w o" W as one W m V Z N ) bb O �O� bc\ Q p s C b Q C) TABULATION OF OUANTITIES GENERAL FOR ALL SITES PAY ITEM NO DESCRIPTION 01011 I MOBILIZATION 01021 MAINTENANCE OF TRAFFIC 010410 3 i SEDIMENT BARRIER i ROADWAY PAY ITEM NO DESCRIPTION Ono I CLEARING AND GRUBBING ODO 4 10 REMOVAL OF EXISTING CONCRETE 01201 EXCAVATION 0120 2 2 BORROW EXCAVATION. TRUCK MEASURE 0160 4 TYPE B STABILIZATION 0285 7 01 OPTIONAL BASE. BASE GROUP Of (4') 0265 7 06 OPTIONAL BASE, BASE GROUP 06 (8') 0327 70 1 MILLING EXIST ASPH PAVT, r AVG DEPTH 0337 112 SUPERPAVE ASPHALT CONCRETE, TRAFFIC B, ()'62') 0337 7 82 ASPHALT CONCRETE FRICTION COURSE. TRAFFIC C. FC-9.5 0425 1451 INLET, CURB TYPE IS - S < 10' 0430 175HO PIPE CULVERT, OPTIONAL MATERIAL, ROUND 18' S7CD 0520 1 10 CONCRETE CURB & GUTTER, TYPE F OS20 2 4 CONCRETE CURB, TYPE O 0522 2 CONCRETE SIDEWALK AND DRIVEWAYS, 6' THICK 05231 PATTERNED PAVEMENT, VEHICULAR AREAS 0527 2 DETECTABLE WARNINGS 0570 12 PREFORMANCE TURF, SOD 0635 211 PULL 6 SPLICE BOX, F61, 13'X24' COVER UNIT OTY }� LS I - LS I LF 7,550 UNIT OTY AC 0.06 SY y 642.2 CY 206.6 CY 194.7 SY 44J SY 17.1 SY 27 SY 14,150 TN 4 TN 782 EA 1 LF 6 LF 690 LF 1492 SY 598 SY 404 SF 245 1 , SY 1 198 EA 1 SIGNING AND PAVEMENT MARKINGS OS23 1 3 PATTERNED PAVEMENT, VEHICULAR AREAS- GREEN BIKE LANE 1 — SY ' 282 0660 1109 LOOP DETECTOR INDUCTIVE, F61, TYPE 9 _- - i EA -1 2 0650 2106 LOOP ASSEMBLY- F61, TYPE F AS e 0700 111 SINGLE SIGN POST , GROUND MOUNT EA 47 0700 1 60 !SINGLE SIGN POST , REMOVE EA 30 0710 90 PAINTED PAVEMENT MARKINGS - FINAL SURFACE LS I O7D 11123 THERMOPLASTIC, STANDARD, WHITE, SOLID. 12- FOR CROSSWALK AND ROUNDABOUT LF 2346 07)1 11124 THERMOPLASTIC, STANDARD. WHITE, SOLID, 18' FOR DIAGONALS AND CHEVRONS LF 743 0111 )1125 THERMOPLASTIC, STANDARD. WHITE, SOLID, 24' FOR STOP LINE AND CROSSWALK LF 330 0711 M41 THERMOPLASTIC. STANDARD, WHITE. 2-4 DOTTED GUIDELINE/ 6-10 GAP EXTENSION. 6' GM DJOI 07H 11170 THERMOPLASTIC, STANDARD, WHITE. ARROW - EA - 8 07U 1J224 THERMOPLASTIC. STANDARD, YELLOW. SOLID, 18' FOR DIAGONAL OR CHEVRON LF 232 07U 14125 THERMOPLASTIC. PREFORMED. WHITE, SOLID. Zr FOR CROSSWALK LF 634 0711 14160 THERMOPLASTIC, PREFORMED, WHITE, MESSAGE (BIKE) - EA 22 0711 14170 THERMOPLASTIC, PREFORMED, WHITE, ARROW EA 14 0711 )5102 THERMOPLASTIC, STANDARD -OPEN GRADED ASPHALT SURFACES, WHITE, SOLID, e' GM 0.090 0711 15231 THERMOPLASTIC, STANDARD -OPEN GRADED ASPHALT SURFACES, YELLOW, SKIP, 6- GM 0193 0711 16101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6' i GM 1.213 0711 16201 THERMOPLASTIC, STANDARD -OTHER SURFACES. YELLOW, SOLID. 6' GM 0.988 REvrsroasPESCMARLIN R Ok /PT! N IA�TALLATION OP BICTCLB LAKBS 11.1T'H SBPAIRATJON PROX TpRAVBL LASHEET ENGINEERING SW6,(7w8TFRaaSW62aAve7l9SW67mAvE-SgommaI NO. RAFAFr IAGOS • P.E. No.: S1417 South Miami 1100Ira w An. Uo, 106 • "a* r 1 SUMMARY OF PAY ITEMS OZ I>osi 411asn • L A. 40 uo3� 0 49 •Iwo. iit�irvM 411w r SW 64 Sle M •,frlN (a Nt ,eww.l\Svw0A0 [ CONST. SW 64TH ST / HARDEE DR RIW LINE R/LV IINE I � R/W VARIES (19A5 MIN - JS MAX) _ R/V/ VARIES (8.75 MIN - JIS MAX) LIMITS OF LIMITS Of h 24 _ I CONSTRUCTION I CONSTRUCTION 5-0 I r 'MJLLING AND RESURFACING Off, Uf E FFER 01-6, I S 13 3' S I BIKE LANE LANE BIKE LANE LANE MATCH EXISTING I MATCH EXISTING kATCH XIST u Z_ -� il, FXISTIMU-----------------..._-��_ pG SIT / `_^_----_-�—`_�--`__-_� -_ , � /T FYJSIGROUNDJ / EXIST GROUND EX151 SOINK •i ~ EXIST SDWK EXIST CURB AND GUTTER TYPICAL SECTION STA. 42+78.00 to STA. 70+21.00 DESIGN SPEED 35 MPH B10SWALE / CURB SEPARATOR '' W ITYP) 14ILLING MILL EXISTING ASPHALT PAVEMENT FOR DEPTH (1•) :. �.- RESURFACING RESURFACE WITH ASPHALT CONCRETE FRICTION COURSE, ' 'i :.�.`. •' ` (TRAFFIC 0). FC-9.5 (PG 76-22) 07 ,t 3-0' REMOVE 6 SHOULDER NIDEN111G., MILLING AND ASPHALT/ BAS 4' S PAVED Z MIN, RESUFACHIG N AS REOD TYPF D CURB — SAWCIJr EX1ST.�+ YSAWCUT SAWCUJ ASPHALT I� -GRASS /NATURAL PLANTS AND ..TYPE 0 CURBp'0 ASPHALT �g—TcNEXfSTJNG WIDENING FF-- EX15T. ASPHALT 2 M/N.MJLLING w RFSURFACING 1 % SAWCIIT ASPHALT MATCH EXISTING - ~EX(S7 I -- _ _ _ _ _ - to - I T _ - %� - - _Tr^ -' ROADWAY 14 _PAVEMENT COURSE i h - PROP SIDEWALK �1 EXIST. ROP PAY I PAVVEMENT � u_ - i S1RUCt. COURSE r FRICTION COURSE ri BASE �\` - J TI STRUCT. COURSE W FILL / r - _ -__ OPTIONAL BASE GROUP 6 (SEE SOIL MIXTURE BELOW) OPt1011AL BASE GROUP 1 N TYPE B TYPE B STABILIZATION LBR 40 BIOSWALE / CURB SEPARATOR DETAIL LBRe+atzarloN TILL SOIL MIXTURE SHOULDER PAVEMENT DETAIL WIDENING PAVEMENT DETAIL N PREPARE SOIL MIXTURE (If NEEDED): STA 42+56.00 to STA 42+84.35 LINEROCK BASE (41 PRIMED INITH, TRAFFIC B, SP 9.5 (77, STA 42+64+35 to STA 43+31.00 So- 60% SAND 20 - 30% TOPSOIL FRICTION COURSE, TRAFFIC B, FC - 9.5 (1') L(MEROCK BASE (B"1 PRIMED WITH HMA, TRAFFIC B. SP - 12.5 (Z'). FRICTION COURSE, TRAFFIC B. FC - 9.5 (1-) WIDENING PAVEMENT DFTAII STA 42+56.00 to STA 42+84.35 u LIMEROCK BASE 18') PRIMED WITH HMA, TRAFFIC B. SP . 12.5 (Z'J, FRICTION COURSE, TRAFFIC B. FC - 9.5 (P) REVISIONS MARLIN ENGINEERING _. r ��• rNsr,(ILL�Lnav op BlcraR Lm wm ssP,t may mom rum L, m SW64THSTFwavSW62NDAvEm8W67THAvi-SHomvr! S EET DATEE DfSCRIPrION RAFAEL LAGOS • P.E. No.-. S1412 11*0 NW N A". Sit. 104 • nlncw«•�a s Ls oV 49 South Miami TTPICAL SeC170N 03 13031 477-757s • C-:110- 414iO rlre. 7/27/7LJA 4.7447 ►M s:%O[S17MW1707f 007 51 64 SirM N.rrtN /wlNCAO%/oNw4r\7/rAD 101 OGV bo sacoN 7►MZMD ILUEIW l� nOS svb�R " tw i'N�M: fOf K'"'f"Mh 00/I Lt►tS VON '3'd • S09V113Ydru ON / MMOg5 • RAY ►�L914lS �Y �39J�l S woar� 1S l91ii S 0 N I a 3 a N I 0 N 3 133HS S8tVY7 79AVIU HOW MOUVYWHY lL M SSW fl .1mg d0 mou"4V.1 1 � N'miuvw SNOISIA3a '.,;y'c�,•' "`' `'� Off: r) i� 'tIL1'�� 13SION -111 37X.IVV1 507NVNIaN0 30 3003 'INV1N HJnOS i0 A113 3H1 HIM A 1dK03 ammo b017Vb1N07 't '318Y311ddV 3N3HA1 Ei9-ZOI d0 Z09-ZOI '509-ZOI £09•ZOl SMON1 'SNV7d ONVONVIS load Ol 33NVOd03N Ml 3N00 38 17VHS S3d05073 3NV7 )1J4Yd1 'E V3YV IVHI MI 11011317N1SN07 3H1 Nod 378Y71VAV 3NV 7VI931VN ONV d08Y7 77V 711Nn 3NOZ YVOM V 31V3N3 01 9013VN1NO3 3HI A8 O3N317V 38 JON 77YHS SAYM 13AYVI 0NV 71JJVN1 3HI 'Z V1N311NJ HnMIN1M SV (NOf110d 60") S32IA30 IONINOJ 31JJVN1 RIMINn NO 7YIINYN 3111 QNY 'N0113nNJSMO3 33901b8 ONY OYOla Nod NOIlYJ1d173d5 OIWONYIS 3H1 YSatin 0o9-IOIJ SNV7d abYOMY15 100 YO/Nou 3H1 JO N011/03 1N3ddn7 3H1 'SNVId 133109d 3H1 HIIM 33HYQd073Y N1 38 77YHS SIOMIN03 311fYN1 'f 'S31010 (LOUT 313JYd1 JO 3)NYN31U" 'SN31M33 food 11V SMdd 33V7d SNY103H NI 53SON 77119 1V ZSELI X30MI IOOJ did SY SNdN OOV 'S 'XJJYb1 JO 3)NVM3IMIVM 'I-ZO( Mall N! 030n7JIJI 38 01 SN915 9N11SIX3 JO 9M100IYINIVN JO 1907 'ISO7 7YNOIII00V ON IV 033V7d3b 38 77VHS N0117nNmo.3 9NIdn0 5119I5 039YKY0 i0 1S07 ANV "371131i3d)103 NOIIJnd15NO7-3dd 3H1 IV N33NI9N7 133fONd 3H1 01 539VS930 9NI1SIX3 3H1 JO 15l7 Y IIHBns 7VH5 NOI7VNINO.7 3141 '► 'I7YHdSV 3H1 91119YKYO 111OH11M 3OVS53H 1113113AYd 3H1 3AON3N A73137dN07 01 031YNISNON30 38 MV3 11 Jl '7YAON3N d0 OOH130 3Al1VNd31W NV 3AOdddV AYN 11i3M19M3 30,11 '39YSS3N IN3113AYd d3L13B1NO 7 �3 MI 1i37 3B 71M 3NjNA5 17VHdSV 3H1 ONY YOXWMIN07 3HI AS 03AOM3b 38 771M S39VSS3N JN3H3AVd a37V1d A70IN003NI'E 'A113 3HI A8 03AONddV 38 1SnK S39NYH3 NO1IY301 3N3d1Xd N33NION3 3H1 A8 03.03NI0 SV AIIH917S 03lsnraY 38 AYK "313 SdKVd VIVH7133HM 'SAVA13A1NO S3111711n '9N1IM917II1/M 1317JN03 NJ 3dY H31HM SMV7d NO NMOHS SNOf1Y707 AlON355V NOIS 'Z 'SHOTS AVMNOM ONVONVIS NOIlAVd1S1NIhOV OMV AVAW91ff 7Vd303i 3MI JO XVIII03 IN333N ISOM 3011 HIM AldKO7 Ol 031V311(8VJ 38 7VHS S13NVd N91S 7V '0310N 3SIMN3H10 SS37Nn MOZ-110Z)SONVONVIS Noma NO11VIJfOdSNVd1 i0 /M3K1bVd30 VOINO73 Y031M) SAYMH9I11 ONY LMIS N01 53XA30 70NIN0) 71JdYd1 01tl0JH1n JO 7VaNYK (VMHJI NOf1Yd1SINtNOY AYMH9fH 7Yb303d 3HI d0 NOII103 I/13Ndn7 3HI 01 HVyOJN07 77VHS SNV7d 3S3HI i0 I%Vd SY 0377V15101 59NIMUM 1N3M3AYd OIIV 9N1N915 71V '1 :5310H 9NIXdYM 1N3N3AYd 9 9NIM915 'ISOJ IJ3rOdd W101 3HI Ol WINW13M1 O3N4iO 30 77VH5 1S03 1N3NAVd WNIJ ONY 33NY4d333V WNli 01 NOW 1VIb3JYN N913HOd d3H10 QNV SId830 NO1A"d1SN07 1115 77V do 33NJ 38 77VHS S3dnl3nNIS 30VNIVYC 03I37dK07 QNV 9NI1SIX3 77V '03137dMO3 3NV SNOIJVd3dO NOI1Jad1SNO3 711Nn 31Yd9 137N1 ONV 3NVdJ NJJM138 31d8VJ d3171J 33V7d 17VHS dOI3Vd1NO3 3111'SIM83a N0113adISN03 ONV 1115 AB 0001"MINVIN07 ONV 53111AII-V 10011311b1SNO3 NOdi 0313310dd 38 717045 538171311dIS 39VNI"0 ON1151X3 T7V '1S07 WMO1110OV ON 1V N0113MI5NO7 9NlI '713 'SId830 d0 MY377 S137NI ONf1SIX3 9NId33X Nod 378ISHOdS38 Sr d013VdIN07 3N1 'I 9310N 390NIVIM 71V130 SOJVHVd3S 8Nn7 / 37VMSOIB JHA NO 133HS 1t01173S N7fdA1 3HI NJ NAAOHS SY (OZ/051 X1N 7V1734.s H1fM O35n 38 01 1711 5300UN7 3dnSV3H X3nb1 MOIIVAVJX3 MONN08 'Z Z-0Z1 IOQJ 'LZ 'd3A0 SSON7 3JVS Nod S3XI8 Nod 33NVI1dKO3 VOV O1 O33Yld3b No 031snraY 38 01 531Vd9 39VhIVNo ONIISIX3 9Z Ws 31Jf139 1S111H (SMQ 0537YialSs guihwM 318YV3130 "SZ 'SAIII711n HSOIJ H11M MlYd NV373 J► NON '33dd N3INNV6 38 1SON S.V7VM301S .JIIVM3U 01 9111151M 'CZ ONY131l S HHIJ S39 isnN SX7VMSSONJ 03JXIVdM EZ 'N39VNVN MOIJ-711H1SN03 A113 3141 01 0301AOdd S31dO3 HIM 0311133X3 90 77YHS NO17VN1h07 3H1 ONY N3NAAO A1d3dOdd 3HI M33M138 3SV31 i0 1113N33d9V Ab1N3-JO-1H9Id V 'XNOAI 9NIMM1938 01 NOW 'd3NMO 3HI KObi 7VAOdddV 1n01111A1 Ab3dodd 31VA1Nd 911111n8V NO 0313AaMO3 38 ION 77VHS 39Yb015 7VIN31VH ONV 914/9VJS 'ZZ 'NOIIVZ17190H 'I-tOI K311 N1 030n7JN1 38 01 ISO.?'M0117nd15M) ONINN1938 3NOf38 SAVO fit N3A3S ISY31 IV SISS3NIS118 QNV'S1N3OIS38 031J3JdV 3111 Ol Sb3A1J NOIIYNNOJNI 317811d 39Y129NY7 HSINVdS OMV HS179M3 31n81dIS1O 77YHS 'N39VNVW 173rodd All.) 3141 HIM NOl1JMnlg07 NI 'NOEWHIN03 dHl '1Z 'Hill 018 JIJJYNI d0 3JMVN31N1VH 3HI N1 030n7)NI 38 77VHS MOM S1H1 JO ISOJ 'N011317N1SN03 JO ]SVIId INY3111N9fS HJV3 Jo INV1S 3HI 01 HOW SN9IS N0/1317dISNO3 133lOdd q#V SN31137 NO11Y31JIloN N3Z1113 9hIQal3N1 57VIN31VM NOl1VNN0JN1 3178nd JO 9N170NYH 3HI HJIM AJl3 3HI 1SISSV 77VHS VOIXVINO3 3HI 'Ot V3NV 9Nf9VJS d3dOdd V 9NIOIAOdd H01 319ISMOdS1b 38 77VHS d013Yd1M03 3111 61 'N3A19 38 71M NO11VSN3dK07 7Vy01110OY ON ')13 '9N17N34 9NIdV7SONV7 'IN3113AYd XIVM30fS 01 0311MI7 ION Ina SY H311S S3111A1IJY h0f17nd1SN07 JO 170753d Y SV OJHNnJNI S39YNY0 7V d1Vd3d Ol H013YNIH03 '61 '3dVd13M ONY H1fVJH Jf78nd 3HI 12310Nd OL 3L1S XNOM 3Nn335 711A NOI34NIN03 'it 'XdOM 9NIINV1S Ol HOldd d331019113 3H1 01 53130fYd3d7510 1dOd3N 77VHS ONY 'SNowaNOJ 3/1S IJI7dda3 HIIM 173SKIH 9NIZIdV17IHV3 HOJ 31815NOdS3b 38 77VHS d91JVd1MO3'31VMIXOdddV 03b3Q15NO3 30 a100HS QNV NO11VKMOJNI 378YIIVAV 1530 dill NO 03SY8 SO SNV7d 3111 110 03QIAOdd NOf1VNdOJN1 3011 '91 '0> N011335 '.LN3N1bYd3a SWOM 3178ad A1N003 3aVa-lKV/K d3d.SY mOl1Yd0153N 1N3N3AVd '51 SONIXNYH 9#11SIX3 t 571VI30 03N0l�3HOMON 3HI d3d Q3XdVM A7d3dOdd 30 77YHS 1 OW11HISN03 A8 038d11ISIO JN3N34Vd N01173SH31N1 77V 'I'81d QNV I'M 71Y130 1N3MIMVg3a SXHOAI 3178nd A1Nn07 3OV0-IHVIM 3H1 H3d NOIIIGNOI 7VN191dO 01 03d01531f A731YI03KNI 38 77VHS MIS 133VIS QNY SONINU M 1N3113AYd 9WISIX3 '01 'SlN3M3AOddHI 77V i0 SOH073V I71n8 -SY 3H1 AJ11U33 ONV 3NYd3dd 01 d0A3AdnS ONY7 03d315193b VOIVO7i V 39V 3 17VHS H013VH1NO3 3HI TO 'AIJ7 3111 Ol 1503 7V 0111QaV OMIV INY.LN0) 3HI Ol 1V1N3013N1 . Q 77VHS 5331AW3S 393111 ONnONV 9N713VdKO3 QNV 171113Y8 9H111Y15H1 '9NIlYAY7X3 JO I507 7VNOIIIOOY 3HI '931MVdNO3 A11711n 3HI NOHJ S37JAd35 353f11 JO NO11Y307 3H1 IS31103d 77VHS 1f017VMINO3 3HI 'SMYld 3H1 #0 N*OHS 38 ION AM H31HM S7Vd31V1 d3M3S HO/0NV d31VM 'SV9'3NOHd3131 .?Id17319 3AVH AM 1331Odd 3H1 Ol IN33Y/OV S3I1H3dO8d 1VH1 03SIAOV SO b0171MI1f03 3111 7t '3NIHSMAS 01 38Ib3S9nS 53111711n 17Y ION IVfll JHVMV 78 71VH5 NO1JYb1NO3 .3111 '5311111111 9NI.LSIX3 JO hOI1V301 3HI 31VNrON003 Ol NOIIVAV3X3 ANY 01 dO1Nd SdnOH 8► 1SV31 lY OLL1-10-008-1 1V 31HHSN05 13Y1g07 77YN5 N013YdIMOJ Jul '11 03M077V ION S! AYAWYOd NJ 7Y1d31VM JO 91017MY"IS A113 3HI 01 1SO7 7VNOI1100V ON 1V N311MVN 77031 V NJ .7115 Q3A0NddV NY OL Sfd830 QNY 7Y1d31YN 031VAY3X3 5537X3 7V JO 7SOdSIO 77VHS NOIJVN1hO3 3111 '01 IN3MdIAO3 NO 7VIV31VK '7301NOSd3d HIIM A1N3dOdd 31YAlbd OINI MNOd3N3 ION 7VHS 1:1013"Ih03 3HI '6 'AI17 3HI A8 03AOdddV 3SIMd3H10 SS37NA 53M11 77Y lY S311M3dOdd 1N3JYlOY 77V Ol SS333V NIVINIVN 77VHS HOINNIN03 3H1 '8 ')S03 133lONd 7Y10I 3H1 O1 7VIN9013N1 03M330 38 17VHS 1SO7 '1)3rOVd 31I1 JO N011YNnd 3141 Nod d31VM MN015 JO 7VSOdSJO 3MI Nod SOOHI311 ONY 1N3Md1n03 378Y1MS 301A0dd 77VHS MOIN1111401 3HI NO1J7nN1ShO3 40 JN3H33M3NK03 3H1 01 VO1Nd 'L 'NOIJ-7nd1SNo7 0 1dVIS 3H1 01 NOW SROIJI0NOJ 031V79H ONY 53111A113Y H01171TbIS1103 01 SONY93H NI S11MN3d A3N39V ANOLV709Jd ANY JO S1N3N3d1fiO3N 77Y AJ511VS OI 3101SNOdS3N 38 17VHS N013Y111103 3H1 '9 '0310N 3SIMN3HIO 55311111 'NOIIVINOd5NYd1 d0 1N3HIddd30 YOINO:J 3HI .0 SNOI1V31JI73dS ONV SOMYONVIS 318V3I7ddV 1S31Y7 77V 01 hdOJNO3 17VHS SIM31VK OMY 40I11AVISNO) 17V 5 NOMMVISN07 JO 1h3M33N3NKO3 01 NOW SVAOH Q> ISV37 IV /N3M1bYd30 SXdOM 317611d MVIN 1411105 JO A113 3H1 Al110N 77VHS N013"INO) 3H1 '► 38 1710 SOfB H31HM NOdn ONV '03H3INOnO3n7 38 171M IYH1 SN01110NO) 7Yn13V 3HI 9NIOdV93d NO150773MO3 NA10 d/3H1 1V 3AINHY 01 AbYSS333N O3N33G SNOI1Y9f1S3ANl 77Y 13170NO3 Ol ; 9MIQ018 01 HOINd '03173d10 3HV SN01-MIN03 3HI XNOM 3001 i0 3SNn03 3Hl Myna 03031111103113 38 I71M H31MM SNOf11QN03 JO JN31X3 QNV 3110"N 3H1 ONISS355Y NI d013YN1NO3 3111 1SISSY 01 A7370S SO SONIMYNO 3S3H1 NI 0301AOdd NOIIVKNOJNI 3H1 'E 150J 133rObd 7V10I 304I Ol IVJN7013NI 03PI330 30 77VHS XHOM 51H1 JO ISOJ '9NIMYNO 3JN3d3J3d SAf0A3AHnS ON" 3H1 10 AdOJ Q37Y3S ONY 03N915 V d33N1ON3 3H1 HSINNn3 77YHS QNV SIN3Hnft0M ONV S)MV03 H3115 77V 'XHOM 3HI JO N01137dNO3 MOdn 3HOJS3H ONV '33103d3J3d 01 HOA3MMS OMY7 3HI MtY13d 77VHS V013"11003 3111 '3115 1VH1 1V XHOM 9NINN1938 Ol NOW SHO43AWIS ONV7 7VNOISS3i0Nd JO ONV08 VOId07J 3H1 10 SONVONVIS 7V3/NH331 MONINIK 3111 HIIM 33NVOU033Y NO dOA3ANnS ONVI O3b315193N V A8 a33N3d3J3d A7d3dOdd 30 77YHS O3d3A07 NO 03AON1S30 039VMY0 9J1138 JO d39NY0 NI ONV XdOM 3Hl HIIM 131700) NJ SJN3NnNON QNY Sd3Nd03 'SM07103 SY N013"INO7 3H1 A8 031731011d 48 01 3dV 000/134VIS110J !0 51IM11 3111 NINJIM S1N30111NOM ONV SY MilO3 ONY7 3118nd 77Y 'Z 3H1 AB 030NIKY SY '110Z 031Y0 NO.QnWAS11 M07 ObYONY15 ORVe Or-LlOZ Ai Q31Y0 SQNVONVIS 0091530 NOIIV1dOdSNVNJ JO IN311IM30 VO1807J 3HI 'SAYAW9IH ONY S13�dIS Nod 33HYN31NIVN ONY NO113ny15N07 N9IS3Q NO SONYONVIS MIIHININ JO 7YaNYK 3H1 It Qltd Z 1 1HYd SNOIIV3IJI73dS ONY SOdVONVIS 113KJ&Vd30 SXNOM 3178nd AIMnO 30VO-1KVIN SObYOl1YIS 1KVIM HJJIOS 30 AI17 3101 48 03M113AO9 MY ONY H11A1 37NVad07JY N1 03dVd3dd N338 3AVH SNV7d 3S3011 1 S310N IYU31030 z 0 m ad SIA31 7nVd / 3AV ON,9 MS '�'r v wv'rrs+ola r+m vraxn arms aw asnls brfl lY( 951 zi I 1 I I I ll 1 I 1 , �iwnsaR,r rva s+ .svn slug so avwRv ,rlrlvaa w 9 3 Z2 O 1 F56 3NI7HJIVH ¢ 06 ig Z 2 a gyp R � S W a1 V e Ey UO �4 f OV 51A31 7I1Vd / 3AV ONZ9 MS II � 7; I � ,.sY sli33N/rrjrH�•. i I I �( 1J ONZ9 MS SW 53RD TEAR R [ CDNST SW SOH ST 7 v _-_ _ _ T -46 NWSD 22.13E SW 64TH ST / HARDEE DR h i-.l o I PO NOW LINE N P 2 x F f W Q 2 AM LINE O b 6 !0 46 BEGIN TYPE F I V3j Feet CUPS D GOTfEP PM ❑MEJ FS 6 IN 5 EN M359 50 FN SIDEW FIFE FIR TO A LOCATED BE RELOCATED V i99.% BY WASD END TYPE F MAHH E) ATC EX F EA I 1 CPS O b _G, I "I SID INSTALL DETfClABLEIN WARNING SUAFACE 11") _ LI 6AS 6.5__ _ NE CR-C %.,1 .1/ .! 35.9 EGIN ID NM 3BA t t MNN! AM LINE 1BB.I1 AEGIN�EF I I END TPEF BAND R L� 6� l iy�� INSTALL DELECTABLE 4T$ WARNING SURFACE SURFACE AYPI �^ M CE'OT 5961'n END TYPEF BEGIN TYPE F VR GUTIE 5 K986 .13.42 .try R•d�S111P SouthMiami w..+MPDPix9 x sl `- CAL O Y i5L09 O CR{ 116 1 ll 1. (Rq i y 1 N SID N SIDfW MATCH EXIST I H861 M1 iy116 AND URER SOM(Rq BEGIN TYPE Ct FND TYPE URB.D j N330 F M4.52 I Q RMLINE O b 3 H I � LEGEND UNITS of WILLIN6 me � RESUNIAEING I y� C LWTAL ?w M vr, as LA= WITH RRPARATIOW FROM TRA FRL LANffi SNEEY 8W6ft ST FRax SW6ft An ToSW67w Am - SBMAfENr 1 NO. Ra+nnAr PLAN 06 —R/N LINE MAN MATCH EXIST I p Cu AND G 50M ILTI I=I... NOSSB SEE SPECIAL DETAIL I H I �Dl ET FOX STAMPED ASPHALT IT IT9 lW IN N6DSUUM L(TP) CRL MAT Ki.11 115b2 / END TI * 239 1MSTAll'DETEC/ y, - RI '\ y«.\A9NINGSSUURRPTKfii��\'IB'. �1 1jr X BC AT 49A1 a CUR@AAU GUII[R •}, - . � 1 q9 o0 .1' 0 NEW O AU' CRF I CR.H Apy LINE O N34.99 H93 KS.Q G+ 30. AT) BEGIN SIDEWALK A A CH E ST +91 ] MATCH EXISfI OE61H TYPE / AS.OD INTI cum ER G ER f933T G. = Q CONST SW 69TH ST a N AN ONE 3 $TA 53H6.19 LC615/B IRON PIPE b NEI CAP. 13.35 �IUS'II, EUVATIDN: 13.670 FT MARLIN ENOINEENIND �N;IAGOS...L N..: SI.l9 Southkiami ILmI.,;,,,•. L. 0 10 10 Feet CA{ NB0.T0 33 L BEGIN TYPE F R/IY LINE f CDNST SW BATH ST CU am G HTBI jA _-_ �6 C:Asi �C-s�c� .�t�sc ja[654ftssuc�sf x�-� SW 647H ISi / HARDfE OR n 551 c9xs56 PE D COO I at Rise/ h .. BfWN-W1E :.tee ' 1 - - Lj CM 1 rdi7Afl>35 fl O 11 TI .59 TA b ENO TYPE F vbj MATCH FUST U B X 0 U, As.OD fail +9930 _ N Si A = t .B].63 T F EGIN EWALN f X5TJ9 3 BEGIN TYPEAN M R y' h ♦s1 A3 p A/W LINE g B LEGEND Y LIMITS OF XILLIM6 AND �+ RFSURFACIMG INYfALLA1W4V OR BICrCLE LANe9 IRTm EEPARAnot; PRON TRAVEL LiNEf SHEET S W6lm Sr mom 8W6ENo An To SW67m Ave - SWYKENT 1 NO' yRoADWAMPuv w...a.«,07 w�a,. W i = I PAN LINE Q n BEGIN rVPf F INIYP ] BIT m �lllJlll��/I ]J CA.S 4 CP-A 4363 2. 5 I I /w1 0.16' (RI I w W ♦31.0 Q a90.45 FNO tt➢E F Ax F BEGIN TYPE! N q A N5.% N EH EF 3 +eo.al N R/w uxe a3w uxE I I � ( CONST SW BATH ST I I �dd 4Cll MI6. MAIL 6 wASHEP STA 62f0293 TAVPEO B TIq JIBS •NIUSTED ELEVATION. 11.942 FT 0 10 40 AM LINE Feet MATCH EXIST RAY LINE d xAnx c=IST �M 4SW ar) I LJ 4SW MT) NA H I32.06 J9 ( CONST SN 64TH ST CRL N s4>3 g p,r) WARN SUFFMFBL(NPl 15 D A N ,u I65.4B H4.Bb J9� (LTis. BY W5.16 sl Jz 1 Lium ar NIff (IT ) ENO TIP+1121 BfWHT.YPEf ALE (rY➢) TYPE 0 CURB OYP) 59 62 \ 60 67 axle SW 64TH ST / HARDEE OR x ec Q• s9a1• w , :J Lei 3 �T Ti..� \r921 =r ISM }�•�� _ .. \♦` S �� IB131 19911 • .q\f rt97 AT pD UAW 14,97 AT WJ.10 M0.11 .T f83)6 28.13 (PTl ` _ 1 H9.98 W2.39 AT 1411 AT I I I+T 1 30b)' 111T) 1195 RT f63.19 �I 11.]1 AT R/W LIME O iAJ / ,�"v 0 � r " LINE ..E •.. GBH ❑4t . ''` 04 :ZC PI. AY •F" c Ao:::.rnI I LEGEND exarxeePlxo Y LIMITS OF IF'" NIO RESVIR NESUNFKfN4 C /NEEALGrIDN OA BICIL'l8 LAN&V PrlH BBPAAAT/ON FAQH TR(rEL LANH3 SHEET SIYbfSx Sr PXOM SW6Ew Ave rD SW67is AvH - $&LAST I NO. SouthMiami ROADwAr PI 08 i LINE Feet RM ONE N 1 R LINE ♦9418 Cow sw awl h33L9 _ _ 11. S Lr hxx.9P 1495♦TBJO h3369 ISAS 4 3E/ •/ 5) 18393 L V.! ILI) C Is 9s a x:9r .... 11�' L h9490 � rI Q r_.'.\. .awA� SW 64TH ST / HARDEE VI 64 6-5 66 67 R g V § ry BEGIN TYPE I END "PE F CONHT. ITPE D CURB MP) 1 N R@ 47 394W&"PE F � y !^ ER AND BIOSWALE?YP) 1 A M1 i h63.0612.05 \�\\r 11 9T RT 1195 ILT {1309RT �`, ♦ h T.x ' \ 1 hx]65 hBT50 1505 RT v1 .75j�� \ N\1 �T 14.95 RT 119T R 157.10 1] ` 1 SW IRTJ RAP LINE Ihx.OT RT WMNf I SETECTal UWACE O 444 ATCH E 5T CR-A ST'rE I END 5/D£W?lR (YARNING SURFACE pYP) IL } O 15.95 Rr 11 A A - n N �11 45.OD fRr ' �. 1W1 4 1 11 }[� 6 MA 18IM b b 1Di x . 7 (RT) ? A N 7 x n I h1,15 3 u F W �91J6 ;�S, �IU'LgrLFF' BE G IN TI$EF NA Y ¢ E 3011 Jwfl/W (IMF ' Z S w am IMF Sv��FSSIONPd LEGEND ...... .... L/MfT5 OF MILLING AN. _ RESVAFK'ING t REVf3fDx3 MARLIN I5SIALIATRLV OP BMTR.e LLVBS WRN WATT M' MH TN. M U SHEET •fvT NO. E N D I N N D R I N D SW64R Sr mw SW62vv Ave ro SW67Tx An - ,Sernw i WSouth?Miami Iy��� rr •nnnw�.d7Y48 RDADRAl lfNl. 09 ""IZN.h.nri'••u .,..., r. rr x .nm.. ..o..�•.w�.•...........�.,r.o- �..v.w...n�..Mw�o..., 0 lO /0 Feet STA 70+21.00 { CONSI SW GON 51 I. I .d - _ i M9 LIKE INSTALL OETECrab(E r)].66 WAAWNG SURFACEF/W LIME BRESCIA AVE 8 SW 64TH ST / HARDEE DR69 \\\ 70 g fNe TYIE F N Pf• FP 59d1• W � \ � ...��-lxl �,r-w-r 1-•F_.+� •W I `RON LINE '3 I•K�/� C a RON LIN — )ass END CONSTRUCTION I y CF.A` 1BB 00 it I I ,V uungrr) e END MILLING AND RESURFACING n MATCH EXISTING 3113 o 'i '....... ON [q �.,a y 283P FII 69+88.00 C ` Cl K1.35 SEOIX TYPE F C CONST SW 61TN Srfloll N I w o � I � LEGEND SIA 69M0.9E IB.W'Q ICBI S/P IRON PIPE 6 NEI COP. 4 ST PEO le )l11 PESUNFAONGLLING ANO AOIUSIFEO ELEVATION: ITA52 FT 'yd F MARLIN SHEET of , 1NEIdEIn7NEF M EICTClB LAA'SN elf)I SEPARATIQYN PEON TREVBL InNEf ....... N o SW64m ST mcut Mhiv Aw To SW67TN Ave - S� i NO' South Miami ROADWAY PEnN 10 out I»llillafn• c .nol� o�'�d9 ,...,.,. ..,,a,.. . .,.....ovnn wa mu n,..�x.... �.....m..e.....u..n�ue> rov'/rslaly nm vnvn arnss aw anwin a♦nuola nl/ nxwnna rxa sl asnls slug ,n maary nl�l/m sva 3 M2 r 00'OF+5C 3NIIHJIVh _ 1 IiN+n 3.no .s OV3Htl i�st_ IQ 0 11}an16n�� .1 Za.•� I TIIr �3 1. }_.��. `b •. 11VLESON��_ 3 az 1e I. •II I II I I �6_ww � h y � L.'�■J N ey I 1 I �m - � BEGIN ea _ _ s � �3 Z> ti/j a w�-�_ •. ( .' _ �y oa sin3i love \_ 3s - as sr_nal iMS 9AV ON MS i 3AVeCINZ9 MS ,�2 YG i awLt. S—M II I \ 1_I II 1 zz� I.h� g �c� Z z .mot if 1 3'l'�� __ �N _ z°i� ,,, 11111r,1,rr Ill .! t I 13 yl Y(41 A N III ;��F/,'^ O) 1 1 III LL�y_ F 1 II III � 0♦ L�, � � I I � ♦ ,h/�UrnnssE �♦♦♦ I r I � I I I p E ♦ ! I I IP j 11r Il i 1 L______ ¢ y ONZ9 MS I I I �1'� ; ill/ SW �63RD TERF /.i aBl-BLH3f3$%" `^ o lB 40 ' L, SW 63RD TEFR G•RTN°�T'0I As ]ao-I-II %( _ L.i'. rO RCy �N 11><uell AT']oo4-ao _ �Ee�Tx31i�W'1 �x;w LlnE Feet N sfeo Al ill ' TO NENAIN am.ITeP IabNI > i O� 13 N1e9 M6 3 dQjs dO15 SPEED PO4-11 l30P301 AS /�rj t 1 IL__. �._.,d PREFORMED: � LIMITIN : >o0.F 11 IAs >yo-r.L -�).. 1s WNR^�: r�xW Nq y N U TO REMA/R 1 I L J ��lg(33 Jl(l 3 w i r__1 tt Za:Iejl 113� o jCK s gAypa•II AS ` a coxsr SW 6A1 11 sr . .oe I l n TA ~ (Ol�is [[ LANE MESSAGE .,IT (.FF. 81K£ LAIIF .U[ Al (]YPl o 6 WHITf :' gIKE (T A SHP) 60Bl YELLOW Cp Ib YELL0.4 Y/Y HIE 33. Q RPM5 @ le LT 6' WHILE O ITYPI R/W LINE 1 /B'YE[LOW Y/Y `el })] Wf w � --_ - .-a i.... � 47 � /I-L� E �Er�- __l.I- >/ t (s49 B a q 9.7507 i( �YfiluL I�' yy _ RE = - Hflb'SO TLISE / N860]59.81.w - 9 DETALI Y5551 (.320 it _ J 1 _ L] 19BB1 N8D 665` 1IP WI/OE$ WHITE SW 64TH ST / HARDEE DR �93'(ATJ PI �n L i ♦ + t 11 LY IIIE 'NEE, F (rYPI. F �, W (Z-I- SKIP) ^O6 I > ��'Lf011 n / PREFORlF``"�J`CIT IHLTE1 b 1 R03-01T0/EI \\ 3 I I WI 1-2 13.11, R03-UBP LT4P1 IY 16-9P (70111 :IIJfl (36�36I 1 AS )O0-111]00-11L'- 1 - 1 AS ']OOY301 r 1 1 n5 ] 16 9 Z H tlWl� : {1WIl : / TOREau nIN D33`33dJ STOP STOP, SW BrtN ST�U a%sl - NO2, I�X.2 1 +Z 15 N119M d>� I Al I Dllr 11 ROl-0/ f"Im, 1 AS 700.1.60 11(L5 )OB-t•It / BLS ]DO.1-60 SO OgFy�6L' D1gBL Y FUOW .BBRN Edr FACVEMENT fi lly LINE RK/NOS(Ty, VnrE O[s[ ory J'Y"f "100'[i'S10f9 3l/p V34M OiIYiS 0p 03N915 Alltll/910 311! JINOV1J313 3X! 51 liiM SINI 10 YtlN3tl TIJIIM iXl - wo S iz t 0009+99 3111I1H)1VW if 3IM / s I ♦1 1 II II Tel A.11 i I 11 i 1 ' 1• IT LIMIT�� LIM R.30111 1 % S 3113YI8F o� T N e a aefill w 1 a$y< bry y41g.� 1.7 H165 MS `$ x I 41 If'i obi y c 'P°j rhl=Rla bbQ x I cz PII c B IS P4 oPP ffltLo tZ Id H159 y `ll 0 Id H169 M5 i �_ wsv let xw cr •m.rm - I AAv uuT �' rani_n Irs � +_5C 'w101130•}01 IdO1SZ dO1S I I NO)01(NQO) �00 1 a I A5 1 1 AS JOOF 11 )p01 69 1 AS IS r00.1-60 W / ---'-- sPEEO SPEED dO1Sr1dO1S p0Too.I3axi0 1 u ;I 4 LIMIT LIMIT \ I Feet 25125Y fa0-r-co 1 as YS. PREFORMED +S ft..of IF LaCEO y'\ m rZORM1N 1 IY W' ., Y '` Ql iirewrll*E L'— J Rr THE Clr pE ti SOITH AIA 11 U H"L� Eu„i=� dO15�d O1S N' .. iTO MAr Vie. iiFi P'1Yr—ll \ _ 3 f51\6/TH Si __� INFV �\ / 1511- tl3 ��. N ii tl„IY IISiJ Illel / - ] LAjoi 15 HUB MRIY �W W / rs "r Sw eoX sr 1 Ln xl r w9 '-la R[Hnln \ nn 1p Ilw I ss � I 801 .94'�AV 11 LLuor wJ vIN rtrr, l ra wruYF i Il ll (TV �.A{ �/ i� 16 :nnF I ir: A\v—.91 a o ' IYP+Ur s80 .9 57 T�� = 1g� 59 \aa 60 61 .� 1a� 62 \; e W 16 XB6•?59d)•M MS 311 L �8] P 3l NI6•IT 5961•MPS IO WI P I5 g 2 2 �3Z ♦��6�`R )'°/�—\ / SW 64TH ST / HARDEE D, ���P co:=i I3 �-_'___•, p x J98 +05 e...a. ], �._ j— �P/ �»-� ( _-_ 09 v Q p 1 I swHITF /f r 30�1._- tT-f 5RIP1 r 4 Y} 1 n+OIi1l r 1 \, la I ' =lSvvwmme (-:aunnvl / Aix LINE L TO REMAIN TO RENAII lie AE u I�II \ � 5f`O RE41�N , IO( /. o Y) II W III %s,TRSI'ly IM=off TO flENA1N II_tl`j = \ `A\�. 615 NUB M�1� /\,\ IISX Y9AV It'+1 S �w aluls,Y�M: n 1 �'EMAI Ywez�. 3 \ 7Z (-^Z, i 1 TO RENar:t .- TOPISTOP aaa4sL3a4J 3 I STOPISTOP r R02 01 12Jr301 flW-01130e3U1 \ R014) I30v30) '^ 11 1 AS 'J// 1 AS )00.1 �11 i ]00-1-11 1 A5ftlkw r00-1.60 1 "V>3 AS )001-60 I )001-60 IA5 APNS ({ r0 IIfGTCI 'MIST rPICVC ]'_rIT •"�' kiRKIN05 /)rPL R/W LINE J I\,—R/A' LINE ,1 u nsl°➢s :uvnax MARLIN /( ZulrAuwnav OP 8IF1"CL5 L4Nef N'IR/ eel'AIMT/ON PRO,Y IRA1'EL YANFS SHEET E M O 1 N E E M 1 N O /1tl SW64m Sr mom SW6IND Ave m SW67m Age - Seoxmvr 1 NO. ARAR LAE9E. P.E. Me.: SLAM South�Miami - 1100X°na)i:Storvwa A,w PAvexeNr Me G Prow 14 'J'I'f "IOO'Ct'f101I 31IW tl3OYll 03Ni5 6W Oiltl15 AlI.". 311/ JIMM 11 3Xt 51 �iXP flNl M ®'N]tl ]OIJIIN iXl 22 00'09+L9 3NI7HJ1VW I Yo agi n I H1L5 MS z tlP _ III -I o m t„IT------ wsirn=P�' o s It yPo xleS M p b 8 N^93B as 4 nI' i xl Wr% Q a I b fi 7UII I 0"P � p y I� I Wp l 3AV H18S MS p K�0 ti No„IIi P\ O / F Id H1L5 MS nv � 7 w s.;1 e 1 i t T�����cyyy��$ 3� �- 3 1Q w f ��.;Y i i 1 b Y I Y a �- m S 0 1 3AV H185 MS i . I 91 Arry omyrvN�rd ¢w euava[S ILU21Nly1lOs evma4s'0w...1,•.Ia,•.. N. oo,l �8S - VY WYA19 W MV dd9M S Mu 1S MP9M5' L........... ./ L33H5 MI7 Ulm NOW AtllLY8 M RL M17 B9..11M d0 A'OILYT vYj N'-la Y W _ii]r3530 SNOISI tl anY vnsaae ` 3NIl M a m � svvrvtivw 1Nnv f/>o lsixa A. m0 s: 1 n-I (f- lBE o¢1 ll-rotl v bl 111H: (� y 10,110,15 r�93 wfA JL' r 1 L/3113Jr)fU01 3'+ Ifoalnd 1 r r 2 reAU IV lwtl of J VSS311 3/4`7 UP g )1rNM A I JD OL NO SJldtl NI N/M ]11ILLL S- IlVbofltld N � I IN 3{/NAtlIMIU)�•rV� Z \ �� MotltlY lYNolO3 —J Mi•lB3idr.SBH. ___. B�: MF 2 _— f q OC r,- ! 69 - 89 NO 33OdVH / 15 H169 MS I (v 6M — - -I P / V+1'•YYOI SNdtl _ ///{ Iq .y�.YMVI73A )00 B 3�/MM 9J Id311NM 91 I1 {5 H1D9 AI$ ISNO) D 11 00'IZ+O( vis 69 1AS Y H N3 -1J3EOad ON3 Ir: •uenrrax fC i m i. m �!8 op C o a I o "J"V'f "90Y'[['f 1919 31M tl38N11 831Y35 dN' 03.M (5 AIIVI(9)O 3llJ JIK01J313 3N{ 51 I33M5 SIN/ f0 mI6NY NIJIilB JN{ 5 ------------------- _ _ _ �"b°�015 xauJ3savxr xave vrx _ 9 3 9 Of � L'3J3 =8W 8tlN J�— I hll Y w « e9 ix 9 w QW l g3 �2 Zc -,•„ , ::...,, ., 64 f }Q �QDIs oN r� • StS!•ti► ISOfI $1 S71VJ,9Q JN51FS3V7d9jj dW7 VOlJ�MSJ.A1g 11 Ue�w ��noS I f �nrl+ra • so: +:s ""I" K Dolll�f� -1�t 21YIS'oN'd'd • 5o9Y113V/Va 'ON 1 1ASMYSr - 9AV 1uLs1 Y AL 91V UAra9ftlS IiOSd 1ss 1UHAI9 • OJ® I 'J H i L 3 3 H I a it 3 133HS S9MV7 MV1LL NOW A'OLLVMIS IUM S17:M 373d31B do 1ti0LLvi�7Y� � ����� Nol uvw Norlero 10 1eI • ii I sho1s1n3a 7VISNIIU 7IV33U 110 Z '031Vn17Y :£ 9 135VHd -Z AM' aV317 HSn7J 014Y 133dSN1 17VIIS a01)Va1N07 '3)Y7d lit iman J DMISIA 91Y377a0 9N13nd5 NISnSN3HM 'at bL96 :al N01103Sd31N1 �a� • 5��•� T7Y33a NOB 9 z +`�/%• J .W i NOtJVnL7V NO '8 19 h-S03d 'I '11011V77V1SNl 7Vtr9IS MI 03111110311 51111a3d 77V 9NINIV180 dOd 37@ISNOdSBa SI a01Jya11103'Lr Mtn: '13N10V0 U37109IN03 7YNDIS 151)4 i '•'�v �� 03103MM03 38 77VHS Sd007 Ili, .) '•• ', '•� %a`� •/r=1IIt1:11iiii SV 5 901-Z•099 V3 1 601.1.099 NIVM3a 01 Ag NIVH3a 01 d007 ONIJ51X3 -• C XOB 11nd d007'151X3 I�C1 -_ y2 nia I I I ~A N1VM3a I TT (~ I JOm t' 01 a3770a1N07 7YN91S 'ISIX3- �� I I I 0� 3N17 M/11 "~•......... =1 t .r... I � ldr 3ION 33S1 t: 113170dIN0J S7VN9IS 'ISIX3 15 H109 AtS lI 01 Nna d007 a01 I — 111IONOJ 91111SIX3 351) r z a rind dOO7 ISIX3 3sn�k' 131117 M/a 13N/7 AVa-•-• 1 1 11x- '73 m A 1S Uab9 MS 3N17 1A/E 3Nn MAI 1NIOd 331Aa3S 7dJ 9NIJSIX3 133a1S 11109 MS N0I13na1SNOJ Jo 3 — MOON/M '17nd d007 'ISIX3 3Sn 03H :15 YB NS M0773A ;3AV Z9 MS :SN011Va3dO JNINSVId' 1S PH AIS :133a1S aONIH- AV Z9 At5 :I33a15 aOrYH- :5N011Vd3d0 U3770YINOO AJNd91JN03 V SV Q30Qy 31VO JO 11007 i 9-1 SI3Q, .51.40 ISd007 SdWI d007 M3NI'15IXJ At)H 'ISMI Sd007 UOJ Sa0133130 3N17 AVa X08 77nd — d007 'lStX3 3517 I•— 7N17 M/a : _ MOQNIM 77nd d007 '1S1X3 351) 8 771 F� IS H109 MS (Sd007 d7a3AO ION 77VH MVSUHY LN3M3AVd -310N) N011S31NIa327yN9i5 1VaY8Sd007 '1SfSNl1113WJONAYd 0/N ad015 AQaW 011VJ07 'dA1 D aV8 dOIS .0is a 1 NJ Q .9�I.0�� .0•A1£ _ L.F•.F 'SHV7d 171AS-SY 10 SJ35 313ldHO3 OML HIM 110133dSNI 3HI H511MU"11045 Miyujito 3HI 'a3i:mN07 S1 iJ3rOHd 31I1 90 N011J3dSN1 Wind NJIIM '91 'S137N1 9NIa31N3 HOad SIa830 N01I0na1SNO7 1113A311d 01 Q3AOMI13 36 'IMIS S3311JY21d 011Va11V1S Will A 37VJanS wont 9N1a31YM30 HOaJ dzus load Sl a017Va1N07 3Nl 'S1 '031JI73dS 351Ma3I110 S531Nn HnnIIIIM IMI Z 38 17VHS 110 3aV lInQNOJ 71Y 'a/ '0311 AVd 031VIASSY 3141 111 a3aimm JB 'f7VHS ISO.) 'N011103 1N3aa .7 'SQavanvIs N9IS30 31JJYa1 QNy AYMOYOa lOQd JO uL any OIL N011J3S H11M 3JNYaaOJJV 111 30 77Y1IS 1J11SMOHa3111 any 11UVd AaYNOdM31) H011Ya01S3a HMS'S3t11A117V SdOl3va1H07 .-HI A0 a3A0aIS30 a0 0a91fHYa JI 110111ONOJ 7Y1II91a0 U13MI 01 03a0153a 90 17VHS 59MAY M 1113M3AVd '£I '5aI11711n UV313 aO '300-1 A13JVS AJSIIVS 01 AUV5S3J3fl 38 AVH 1133MI9113 3HI A8 a3133810 SV SIMMISnrov IH917S '53111711n UNn0a9a3ONn HlIM .017JN0J dO Wllnif10d 31,11 01 3nQ 31Vh'IXOaddV 03a3QI5HOJ 99 77VHS N011VAV3?X3 1131110 O.NV 57Y1S303d 'S1N3HOdk0) S,Y/1915 77V JO nolIV307 3H1 'ZI LIAQHOJ/1N3Hd1n03 JO 3318d 3HI Ni 03On7JN1 30 77VHS IN3HAVd 9NIIVAV)X3 al1VH 3"t *s3/11711n ONnov9a30Nn dO AlIMIXA 3HI NI 31VAVJX3 QHVH 177HS a013MInOJ Jill '3SH3dX3 S.a01JVa1N07 3HI 1V 10331119NJ 133tOad 3141 AS 031331010 SY 033V7d3a 39 17/0. NOl1Jna1SNOJ 9Nlana a39VHVa S3a1M d007 17V 'S31ll7fy a11'n0a9a3Q11n any 'SM17 NOISSIHSNYal 0113Ha3AO 'S31111A Nt-aV11 any dOO7 9NIIS1X9 JO SV3aV ONnOaV a0 Ill 91NxaOM IMAI NOIUWJ 3Sn 77VHS a01JVMIUOJ 3H1 'll 099E-Z65 l500--3NOHd3731 991££ MUM 'IHYIH 133a1S W9E 'M'N OOIL OUVA 33NVN31NIVM AIN1107 3UVU-INVI$l lY a01IMIN03 3111 AS OJGVO7Nn 30 77VHS 1113Hd1n03 01105 1001-069) SH311 AVd a30M) f19afMNI 39 77VHS SM311 7VAOH3a Ol a31V73a 1S03 77V W391119H3 3141 49 G3133HIO SY dOINVII103 3HI AS JO 03SOdSIa 39 77VHS S310d 7VN9I5 313a30103 '331091530 St" a0 dJdd3X3a01S 3HI A9 031d/37311 38 Ol 'A3N39V 9111111VINIYN 3111 A9 03IYN9)530 3H11 V IV 'SlWd 1N3NOdHOJ OJAI 479H3SSYSIa a31JV 0393A1730 OW NO1lVJ01 01 SV 0399Y1 'a0A7Va1NOJ 3141 A8 03AOH39 38 77VHS N91S30 3HI H11M 13I7JNO3 III 13314S N1I7d 3HI NO 031ON 40 NMONS (SHaV ISVH 030YWONn 9NIan77NU 1113Hd1n03 71111915 3144Val 71V '01 'NOIIVIN: M37dHI aides! 01 801ad SNOI1V31JIOOM 77V 3AOaddV 77VHS 11331119103 3HI 'OnISVHd TOW a0J 0315nrOV 38 01 03311 1VHI SY3W HOI1d3JX3 301117111 07110M SINI 'SNOlI33Sa31N1 a3ZI7VN91S 031J3dJY 3HI IY JIJJVal JO M07J 11131J1dJ3 any 3JVS V NIVINIVH 01 AaVSS333N SV 73104003d IN71433HO4113 MV7 fINV '73NNOSd9d UVH9V7d '5331A90 70YINOJ JIJJVal AaY9OJH31 '35N3dX3 SIH'IV •301AUad 71VHS UOIJVaINOJ 3HI 3dlI $1111 9111111110 'SanOH (PC) a1I01-AIN3M1 MIHIiM NOI1Va3dO JO 73A37 Sll 01 1013MdIn03 7VN91S JIJJVal 9N1NO11J11nJ7Y11 17Y 30153a 77VHS OA'V 'SanCH (Zl OAt1 MIMI 3dOh Oh 39 77YHS S111f17 IJ31`09d 3HI WHIM MIDIS 31J1Va1 JO SNOil3NnJ7yM 031110d3a 77V 0131411 35NOdS3a a01JYa1NO3 3HI '6 8000-6L9 (50E) :3110fid3731 991EE V01a07J 'IMAM 133M1S V79£ 'M'N OOI L '3'd 'VU3d nvnr 'aH molln321Y NOISIAIO N91S OW 'IVN9IS JIJJVal A111403 30VO-INVIN :IV 031VJ07 IMN33 1010.0403 31dJVal 3HI H11M 3am 36 07nOHS J)V1N07 'NO)SIA10 SN9IS any S7VN9lS XJ3Va1 '1013141~90 SYMOA% X l9nd AINnOJ 30V0-IMYIH A8 a30IA0ad 38 01 311V SONiHI1 UOI1Va3dO 7VI191S %MFUaVd30 511a0M JnBnd A1111103 3aV0-IMV1N St A3430Y 9111NIVINIVH 7MIS 3011 '8 • 'Sn/N9i5 DMISIX3 3HI JO 11011Va3dO 1VHa0n 3111 HIM S3a3Ja31NI 1VH1 1101131711.150003 ANY 01 a01ad SanON 81• UOIS1AIa SHOIS any 7VN9tS JIJJVal AINnOJ 3UVU-IHVIM AJI10N 01 a331019113 3HI H11M 31VN1011007 77VHS UOIJVdJMO) 'L '01VI31d.0373 U31SYN V A8 031J111133 aNV 03M9ts 'XaOM 7Y91a13313 7Va3N39 JO IlAVa)Jjv my H1iM onow 1S3no38 JO a31137 V 111,19115 77VHS a013Va1NO3 3HI 'S3111713Vd 9111IM7 133111SIN011VWMIS d0 Sdf)X00H 33IA93S a3AtOd 1VJ1a1J313 a0J 033PI 3HI JO 3JNVAOV NI SAVO 9N1xa0M PI NVHl SS37 ON '911111aM III IN3HlaVd3Q 301 ABION 17VHS a013Va11103 3HI '9 S3101) 7Va3N39 AVAtaVOa 335 S11311AW Ali711n a0J 'S311170YJ 1113fdl JO SHO11V307 ANYdMOJ All'Illn 9Nlana 1N3S3ad 38 ISM 3AIIVJN3S3ad3a SAMIN1111103 V 'SHO11V307 A11711n 153n03a ONy a3NM0 AI1711n 3HI ONV OW-ZEY-008-1 a3BHnN 3NOW3131 'V018074 d0 77V7 3NO 31VJS 3HIHSNnS 77V7 77VHS 11013VIIINOJ 3HI '9N19910 01 a01ad (811) 1HO13-AIHOJ 'S 'SdHVU 1n7 8an7 any 53an1JnalS 'S3111111n ONn0a93A09Y ONV ONnOULIU Nn 9ltilSlx3 9111010AV ONY 91111VJ07 a0J 3791SHOdS38 A17119 St 11013VaIN0J 3HI '5NVld 9NI14915 NO AVMOVOa 3HI HI NIAOHS 38 ION AVM MOM JO SONnOB 3111 111H11M S311111JVJ 011/I003A09V any ann0a9a30Mn 9NI1SIX3 lVHI 3WMV 39 77VHS a013Va1110J 3111 '6 U18 SIH NI 030073NI 39 17VHS 1SOJ 9111 'a3a1n0311 Nouviltaa00J JO 111nOHV 3HI a0J any :nnG3H7S NO11J17aISN03 3141 9NINrMa3130 aOJ 3101SNOdS3a 38 17VHS a013YaINOJ 3111 'AaYS5333M 38 AYM SINOJJ3 NOIIV410a007 1VHI UMV 13310ad S1H1 HIM A71NMI)31163 110113na1SNOJ H3a11n 38 AM 5.03r0ad a3HJO 1VIll 03SIAaV 38 77VHS a01J1181HOJ 3111 'E 'SIVN915 3IJJYa1 80J SNOISIAOad 7V133dS 7VJINH331 AIHnOJ 30YG-IMVIH 3HI any N0117naISNOJ 3001a8 any QVOU a0J S1IOl1VJIdD3dS any SOUVONV1S N9lS3U 100d 3111 7031nM) 5331A30 10a1110.) JIJJVal HaOJ/Nn JO 7VnWH 3HI :311V SNOIIVJIJ133dS QNV SaaVOWIS 911/Na3A09 'Z 'N011Jna1SNOJ 9NIIN11970 Ol VOlad A-11139Y 9N)IIIV.UIIYH 3111 Ol S3)dO3 OAtl HIMa33N10N3 133r0ad 3HI 01 03GUVMUDJ 38 711M Ia0d3a 031ndHO3 9NI '378Va3d0HI any 3)SVa3dO 511311 W N315 77V ONIIS17 03Wd3ad 39 1711A AdDd3a N311111M V 'A.UAIIJV 110113na1SNdJ 9NINN1938 01 VOW 51101173Sa31Nl 9NI1SIX3 3HI JO Aa01/03AH1 UV Ma0Ja3d 71VHS 1101J1fa1HOJ 3141 '1 5310N 7VV3N30 = P C) tiyti O w _T � b as o o M m pz O Vbi O a o b 'C Vf 4 V N O T M1 b O y C A N N r r r r �1 T 'r o ,y b ly •-' N Zr •. mm N VD1 D T H t2 Vf cl T � n _ r � �o�ro zo X.au I ^e 4 "m 0 ;t > h > • � �2 W at oaf" t NNy � 71 Ll rT o� b r• TN g Db Xs> "' m s.� z �Ss P y• Otn00 x Nita m� �r ��+v� aorN 2 D i mLL. mn m bq t0 o D �H p�2C=i y� hlrl 2 C1 Mtn o flix P �x ^poi 74 zi f ,: t0 af1 r_� Iz ......'I'.. 111T i r f- m ~ n C0� y wpAt� 9V N r 2 r++ y r oh In I Ph b mc t x ate. SW 57TH AVE / RED RD $ PPOTST 4. 70+27 .00 y C,_— S � � I I r SW 57TH AVE / RED RD fz to A aiii Nti a Fn T ^ tiff B ti� ^ D \ y F+• O I � oN� i„ 2 mxti 2t m w r� a y 4b ? O � IIIL KIJ..lK KFV/W v. •n1> >ncc• •� ••rr rrrcr•wn•rr ..rr •••�•••---. Sr 4 = u`O 24¢Yi NS 2 2a o¢7i o o w i t -`' t 3 a., 4` 1y.Gai 7d H165 MS 'J'Y'f '100'EZ'L10(/ 31M tl3QH/I 03ltlfL 6W 43N'J IS I11V11010 Lll/ JINJtl U3l3 3N1 LI UlNS SI NI lO OYOJ3tl T'IJ IffO 3M: �yz N 3S3 Ch a nugpf„ S ♦aln ♦ li ij �� iG S gelen::O nP � y ° I W � 3 �9 .l 1 G ¢ 11 2 ' I <V' 1 ♦ I 1 i1 1 ld H165 MS EXHIBIT 2 SW 64TH STREET FROM SW 62111) AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CRY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation 56 of 149 (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRMs duty to indemnify the City as provided in this Agreement D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsemepgi/ wolt*bstantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury', 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B' ; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorneys fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City arjbiq� jWcies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 59 of 149 EXHIBIT 3 SW 64TH STREET FROM SW 62NO AVE TO SW 57TM AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 RESPONDENTS BID FORM "HIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A, B & Q for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents. Including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation. Including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) 6124i20 1 Addendum No. 2 Dated: 7116/20 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: 1. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies will create an Irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. Ill. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 66 of 193 Iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and In accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting Its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for Itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when Initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence,. and services necessary to provide a complete, in place. Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work Is as follows: LUMP SUM BASE PRICE: $ 398,457 dollars and 00 cents Alternates: # 1 #2 A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non -responsive. S. The ENTIRE WORK for project in accordance with Exhibit f, Scope of Services, Attachment A, 8 & C shall be completed, in full, within 120 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Katiuska Hudes Address: 14250 NE 18 Avenue North Miami, FL 33181 Telephone: (305) 947-5226 Facsimile: (305) 947-9307 Contact Person Katluska Huries 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them In the Contract Documents, unless specifically defined in this Solicitation Package. 67 of 193 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid form, and are made a part of this proposal, by reference. 9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City In writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. SUBMITTED THIS 21 st DAY OF duly 2020 PROPOSAL SUBMITTED BY: Unitec Inc. (305) 947-5226 Company Kaduska Hudes , Narnd-o-t Person Autho i mit Proposal Si cure President Title Telephone Number (305) 947-9307 Fax Number khudes@unitecus.com Email Address END OF SECTION 68 of 193 EXHIBIT 4 SW 64TH STREET FROM SW 62ND AVE TO SW 57TH AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 SECTION 3 REQUIREMENTS FOR PROCUREMENT CONTRACTS "CDBG Federal Grant Requirements, Public Housing & Community Development Federal Labor Standards & Section 3 Requirements." 60 of 149 MNMI-DARE CDUMiY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT EXHIBIT 4 TO BID PACKAGE ,go PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: City of South Miami Project Name: SW 6411 Street, between SW 571h Ave. and 62n1 Ave. (Bike Lanes) Project Address: SW 64th Street, between SW 57th Ave. and 62nd Ave., South Miami, FL 33143 Prepared by: Letitia Goodson, PM Date: 06/05/2020 Page 1 of 55 - -- - - ----- - --------- - - 61 of 149. - -. Table of Contents Federal labor Requirements Documents that must be incorporated in the submittal of the bid package: NOTICE TO BIDDERS / PROSPECTIVE GENERAL CONTRACTOR(S)................................................................................ 4 STATEMENT OF GENERAL CONTRACTOR'S CONSTRUCTION EXPERIENCE...................................................................... 5 CERTIFICATIONOF RECEIPT................................................................................................................................ 7 INSURANCEREQUIREMENTS............................................................................................................................... 8 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS............................................................................... 10 AcquisitionThreshold............................................................................................................................10 Termination Clauses over $10,000.......................................................................................................10 EqualEmployment Opportunity............................................................................................................12 DavisBacon Act....................................................................................................................................12 Contract Work Hours and Safety Standards Act (CWHASA).................................................................12 Rightsto Inventions..............................................................................................................................13 Debarment and Suspension (EO 1549&12689)....................................................................................13 ByrdAnti -Lobbying Amendment...........................................................................................................13 NONCOLLUSIONAFFIDAVIT.....................................................................................................................................14 CERTIFICATION REGARDING LOBBYING.....................................................................................................................15 AFFIRMATIVEACTIONSTANDARDS...........................................................................................................................16 OTHER REQUIRED CERTIFICATIONS.......................................................................................................................... 21 Equal Employment Opportunity (EO 10925, 11114, & 11246)................................................................. 21 Affirmative Action (41 CFR 60-1 & 60-2).................................................................................................... 21 Copeland Anti -Kickback (24 CFR part 85.36).............................................................................................. 21 Disclosure for Anticipated Debarment........................................................................................................ 22 NondiscriminationClause............................................................................................................................ 22 AgeDiscrimination Act of 1975................................................................................................................... 22 Section 504 of the Rehabilitation Act of 1973............................................................................................ 23 Debarment, Suspension, Ineligibility and Voluntary Exclusion.................................................................. 23 DRUG -FREE WORKPLACE CERTIFICATION.................................................................................................................. 24 INSTRUCTIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION .................................. 26 EQUAL EMPLOYMENT OPPORTUNITY FOR SPECIAL DISABLED VETERANS........................................................................ 28 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES............................................................................................. 31 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION (EO 11246)............................................................................. 33 STANDARD FEDERAL EQUAL EMPLOYMENT CONTRACT SPECIFICATIONS........................................................................ 36 EQUAL EMPLOYMENT FOR CONTRACTS SUBJECT TO EO 11246..................................................................................41 CERTIFICATION FOR NONSEGREGATED FACILITIES....................................................................................................... 43 NOTICE OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES............................................................44 NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR AND EPA REGULATIONS (EO 11738)....................................45 SWORN STATEMENT— PUBLIC ENTITY CRIMES.......................................................................................................... 46 PHCD AGREEMENT TO AUTHORIZE EXAMINATION OF RECORDS.................................................................................. 49 SECTION 3 APPLICABLE FEDERAL REGULATIONS (TITLE 24, CODE OF FEDERAL REGULATIONS, PART 135) .......................... 50 SECTION 3 INFORMATION...............................................................................................................................................52 Assurance of Compliance with Section 3 (form)..................................................................................................54 Bidder's Initial Section 3 Goals (form)............................................................................................................55 SECTION 3 ATTACHMENTS SECTION 3 REQUIREMENTS FOR PROCUREMENT CONTRACTS SECTION 3 BUSINESS PREFERENCE CLAIM FORM - DOCUMENT 00200 SECTION 3 ECONOMIC OPPORTUNITY AND AFFIRMATIVE MARKETING PLAN - DOCUMENT00400 CONTRACTOR/SUBCONTRACTOR ESTIMATED PROJECT WORK FORCE BREAKDOWN - DOCUMENT 00450 TRAINING AND EMPLOYMENT OUTREACH - DOCUMENT 00403 Page 2 of 55 SECTION 3 LANGUAGE FOR NEWS ADS, FLYERS, AND JOB NOTICES -DOCUMENT 00404 LETTER OF INTENTTO SUBCONTRACT/SOLICIT SECTION 3 BUSINESSES -DOCUMENT 00406 LIST OF SUBCONTRACTORS UTILIZATION SECTION 3 BUSINESSES -DOCUMENT 00430 EMPLOYEE LIST- DOCUMENT 00452 SECTION 3 PREFERENCE CLAIM and SUPPORTING DOCUMENTATION REQUESTED - DOCUMENT 00401 SECTION 3 RESIDENT HOUSEHOLD INCOME CERTIFICATION AND SUPPORTING DOCUMENTATION - REQUESTED DOCUMENT 00402 LETTER of COMMITMENT to SUBCONTRACT with SECTION 3 BUSINESS CONCERNS - DOCUMENT 00409 EMPLOYEE LIST — DOCUMENT 004S2 (ATTACHMENT USED ON IX.I POST -AWARD AND SECTION 3 BUSINESS APPLICATION PACKAGES) CONTRACTOR/SUBCONTRACTOR CERTIFICATION — DOCUMENT 00453 (IF APPLICABLE) DAVISBACON WAGE DECISION...............................................................................................................................ATTACHMENT A F120200178 01/03/2020 — HIGHWAY FEDERAL LABOR STANDARDS PROVISION (HUD 4010)...........................................................................................ATTACHMENT B Page 3 of 55 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act of 1968, as amended; the Copeland Anti -Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. Page 4 of 55 STATEMENT OF SUB -CONTRACTOR'S CONSTRUCTION EXPERIENCE To be submitted by each sub -contractor with requested information and affidavits. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Add additional pages as necessary. 1. Sub -Contractor: 2. Sub -contractor Address: Phone: I I Email address: 3. Name of each owner, principal officer, partner, etc. 4. Minority Business? ElYes ❑ No Women -owned Business? ElYes ❑ No 5. Company Qualifier: 6. Years in Business: 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. CC# License Number: State: EIN# 8. Contractors Certification Categories: 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) Project Duration (months years) Year Completed Page 5 of 55 65 of 149 --- —- _ - io. - contractor's on -going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). Project Current Duration (months years) Anticipated Completion Date 11. Have you ever defaulted on a Contract? ❑ Yes ❑ No Please explain. 12. The subcontractor promises to defend, indemnify and hold harmless the _ (agency name) and Miami -Dade County with regard to any disclosures or information received, whether at trial, in arbitration or on appeal. (initials) 13. The undersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by the_ (name of agency) in verification of the recitals comprising this statement of bidder's experience (initials) Sworn to and subscribed before me this day of 20 Date By and is personally known to me or has presented (Affiant) as identification. (Type of Identification) (Signature of Notary) (Serial Number) or Stamp Name of Notary) (Expiration Date) Notary Public Page 6 of 55 Seal CERTIFICATION OF 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 SW 64th Street, between SW 57th Ave. and 62"d Ave. (Bike Lanes) (Nameofproject) 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 FL20200178 01/03/2020— HIGHWAY 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 FL20200178 01/03/2020 — HIGHWAY for this project. Agency Name: Employer ID #/FID M Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Date: Check one, as applicable: Contractor Subcontractor Other Page 7 of 55 Title: 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. REQUIRED CERTIFICATE(S) OF INSURANCE Worker's Compensation Insurance- for all employees of the Contractor as required by Florida Statute 440. Professional Liability Insurance- in the name of the Contractor or the 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 not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance- covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Completed Value Builder's Risk Insurance- on al "All Risk" basis (when applicable) in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s) as determined by Miami -Dade County. The policy will show Miami -Dade County as a Loss Payee A.T.I.M.A. All insurance requirements must be verified at before a pre -construction meeting is scheduled through the PHCD Project Manager assigned. 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 "A" as to management, and no less than "Class VII" as to financial strength, 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 Financial Services. Page 8 of 55 IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk" which may be dropped after substantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. V. Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. Page 9 of 55 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS In addition to other provisions required by US HUD in the HUD 4010 incorporated in this document, the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as stated in 2 CFR Appendix II to Part 200: (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be effected and the basis for settlement. Provisions for termination are as follows: 1. Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor/Owner upon no less than ten (10) working days' notice when the Principal Contractor/Owner determines that it would be in the best interest of the Principal Contractor/Owner and the Public Housing and Community Development (PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience The Principal Contractor/Owner may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. The Principal Contractor/Owner, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional costs under this contract. The Principal Contractor/Owner shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination. The Principal Contractor/Owner shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short -fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, the Principal Contractor/Owner may terminate this contract upon no less than twenty-four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate, renegotiate and/or adjust the contract award whichever is in the best interest of the Principal Contractor/Owner. Page 10 of 55 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. S. 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. 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. Page 11 of 55 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. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR .60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30FR 12319, 12935, 3 CFR Part,1964- 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis Bacon Act, as amended (40 U.S.C. 3141-3148). When required by the Federal program, all prime 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 U.S.C. 3141-31444 and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non - Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contractor subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for complaisance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3). The Act provides that each contractor or subrecipient must 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 or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. 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 FL20200178 01/03/2020 — HIGHWAY." (E) Contract Work Hours and Safety Standards Act (CWHASA) (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases o supplies Page 12 of 55 or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 FR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.SC. 7401-7671a.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) see page 45. (H) Debarment and Suspension (Executive Orders 1549 and 12689) — A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM.gov), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., P. 235), "Debarment and Suspension." SA Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) — Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an 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 must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal ward. Such disclosures are forwarded from tier to tier up to the non -Federal award (see full affidavit on page �. Page 13 of 55 STATE OF: COUNTY OF: NONCOLLUSION AFFIDAVIT , being first duly sworn, deposes and says that: (1) He/she is that has submitted the attached Bid. of , the Bidder (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or 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 (Local Public Agency) or any person interested in the proposed contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of . 20 My commission expires: Page 14 of 55 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: 1. 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 undersigned shall complete and submit Standard Form LLL, "Disclosure 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 penalty of not less than $10,000 and not more than $100,000 for each such failure. Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Title: Date: Check one, as applicable: Contractor Subcontractor Other Page 15 of 55 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to ensure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off -the -street applicant and minority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. 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 Page 16 of 55 (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 those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulletin 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. 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. Page 17 of 55 To Demonstrate Compliance: Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and tests to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and women and provide, where reasonable, school, summer and vacation employment to minority and female youth both on -site and in other areas of the workforces. 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. Page 18 of 55 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. To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, including circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded or Page 19 of 55 joint ventures participated in with dollar amounts; have copies of solicitations sent to minority and women's contractor associations or other business associations. 16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative action posture. Initials Page 20 of 55 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.) 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 bythe Government settingforthe 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. For Contracts who are subject to Executive Order 11246, see page 41-42 B. AFFIRMATIVE ACTION The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for as required by the rules and regulation of the Secretary of Labor (41CFR 60-1 and 60-2); it has not previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor; 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. C. 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: Page 21 of 55 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. D. 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 MIAMk 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 (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami - Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami -Dade County. E. 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. F. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Page 22 of 55 G. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. H. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PROSPECTIVE TIER AND/OR LOWER TIER TRANSACTIONS By submission of the document, the prospective tier and lower tier participants certify, that: 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. a. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; b. 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 c. 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 prospective tier or lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Date: Title: Check one, as applicable: Contractor Subcontractor Other Page 23 of 55 CERTIFICATION REGARDING DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing . a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Page 24 of 55 (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 #/FID #: Full Address (including citv. sT and zim and Email Address Authorized Signature: Print Name: Date: Check one, as applicable: Contractor Subcontractor Page 25 of 55 Other Title: INSTRUCTIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION LISTED ON PAGE 24 1. By signing and submitting this document, the prospective tier and/or lower tier participants are 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 tier and/or lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective tier and/or lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time 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 tier and or 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. 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. Page 26 of 55 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Agency Name: Employer ID #/FID M Full Address lincludine Citv. ST and Zia) and Email Address Authorized Signature: Print Name: Date: Check one, as applicable: Contractor Subcontractor Page 27 of 55 Title: Other EQUAL EMPLOYMENT 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 contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non -veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. 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. Page 28 of 55 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b) who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e) who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20-percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 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). Page 29 of 55 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. Agency Name: Employer ID #/FID M Full Address (includine Citv. ST and ZiD) and Email Address Authorized Signature: Print Name: Date: Check one, as applicable: Contractor Subcontractor Page 30 of 55 Title: Other 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 descriptions, lines of progression, and seniority lists; xiv. Leaves of absence, sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 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 Page 31 of 55 the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Date: 1 -71 Check one, as applicable: Contractor Subcontractor Page 32 of 55 Title: Other NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The 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 NoticeAll 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further NoticeAll 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. 3. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established forthe 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 orfemale employees ortrainees from Contractorto Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a Page 33 of 55 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. 4. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 5. 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. 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 Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. Page 34 of 55 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Page 35 of 55 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. C. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic (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. 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. Page 36 of 55 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and ocher on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individual working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. C. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. 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. Page 37 of 55 e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Page 38 of 55 Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. M. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations or offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. P. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate 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. 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. Page 39 of 55 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or 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. 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 forthe hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 40 of 55 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 during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 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. 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 Laborfor 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 Page 41 of 55 by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Agency Name: Employer ID #/FID #: Full Address (including City, 5T and Zip) and Email Address Authorized Signature: Print Name: Title: Date: Check one, as applicable: Contractor Subcontractor Other Page 42 of 55 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 certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing 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 Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Title: Date: Check one, as applicable: Contractor Subcontractor Other Page 43 of 55 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 maybe submitted either for each subcontractor for all subcontracts during a period (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer ID #/FID If: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Date: Check one, as applicable: Contractor Subcontractor Page 44 of 55 Title: Other 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 $150,000, 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, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 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. 5. The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead -Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Title: Date: Check one, as applicable: Contractor Subcontractor Other Page 45 of 55 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by For (Print individual's name and title) (Print name of entity submitting sworn statement) whose business address and if applicable its Federal Employer Identification Number (FEIN) is If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1,1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 46 of 55 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 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). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND Page 47 of 55 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. (Signature) Sworn to and subscribed before me this day of , 20 Personally known Or produced identification (Type of identification) Notary Public -State of My commission expires (Printed, typed or stamped commissioned name of notary public) Page 48 of 55 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Agreement To Authorize Examination of Records and Adhere to Records Retention Requirements The undersigned agrees to the stipulations noted below for all work, materials, and services provided under this agreement dated and/or for all other third -party agreements/contracts for labor, materials, and services related to the work covered by this agreement for the SW 64th Street. between SW 57d' Ave. and 62"d Ave. (Bike Lanes) projectlactivity. The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami - Dade County, the Department of Housing and Urban Development, or Comptroller General of the United States, or any of their duly authorized representatives shall, have access to and the right to examine any of the following records from the awardee, sub -recipient, developer, contractor, subcontractor, suppliers and/or any other entity involved in any capacity in the above -referenced projectlactivity, for seven (7) years after final payment under contract. Records shall include, but are not limited to, the following: Contracts, sub -contracts, audits, financial books, ledgers, copies of canceled checks (front and back), wire transfer confirmations, payment requests (draws), invoices, receipts, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes, other media storage, pertinent books, documents, papers, or other records — whether physical, electronic, or in any form-- involving transactions related to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. The awardee, sub -recipient, developer, contractor, sub -contractor, sub -tier, suppliers and or any other entity involved in any capacity in the above -referenced project shall adhere to the following records retention requirements: a) Maintain, and require that its sub -contractors and suppliers maintain complete and accurate records to substantiate compliance with the requirements set forth in the contractlagreement documents for this project. b) The undersigned shall retain such records, and all other documents related to the services and materials furnished for this project, for a period of three (3) years from the completion of the activity or project. Other information: a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier warehouse, etc. of all entities involved in any capacity in the above -referenced project. b) Pursuant to the contract, there may be additional records requirement not listed in this agreement. Entit Name: Employer ID #/FID #: Full Address(including City, ST and Zip) and Email Address Signature: Print Name: Title: Check one, as applicable: Date: Developer Prime -Contractor Sub -contractor or sub -tier sub -contractors Page 49 of 55 Section 3 Applicable Federal Regulations Title 24 of the Code of Federal Regulations, Part 135 - General Provisions 135.1 Purpose (a) Section 3. The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S C.1701 u) (section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, "to the greatest extent feasible", and consistent with existing Federal, State, and local laws and regulations, be directed to low- and very low income persons, particularly those recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. (b) Part 135. The pumose of this part is to establish the standards and procedures to be followed to ensure that the objectives of section 3 are met. 135.2 Effective date of regulation. The regulations of this part will remain in effect until the date the final rule adopting the regulations of this part with or without changes is published and becomes effective, at which point the final rule will remain in effect. [60 FR 28326, May 31, 1995] 135.3 Applicability (a) Section 3 covered assistance. Section 3 applies to the following HUD assistance (Section 3 covered assistance): (1) Public and Indian housing assistance. Section 3 applies to training, employment, contracting, and other economic opportunities arising from the expenditure of the following public and Indian housing assistance: (i) Development assistance provided pursuant to Section 5 of the U.S. Housing Act of 1937 (1937 Act); (ii) Operating assistance provided pursuant to section 9 of the 1937 Act); and (iii) Modernization assistance provided pursuant to section 14 of the Act. (2) Housing and community development assistance. Section 3 applies to training, employment, contracting, and other economic opportunities arising in connection with the expenditure of housing assistance (including section 8 assistance, and including other housing assistance not administered by the Assistant Secretary of Housing) and community development assistance that is used for the following projects: (i) Housing rehabilitation (including reduction and abatement of lead -based paint hazards, but excluding routine maintenance, repair, and replacement); (ii) Housing construction; and (iii) Other public construction. (3) Thresholds — (i) No thresholds for section3 covered public and Indian housing assistance. The requirements of this apply to Section 3 covered assistance provided to recipients, notwithstanding the amount of the assistance provided to the recipient. The requirement of this part apply to all contractors and subcontractors performing work in connection with projects and activities funded by public and Indian housing assistance covered by section3, regardless of the amount of the contract or subcontract. Thresholds for section 3 covered housing and community development assistance (A) Recipient thresholds. The requirements of this part apply to recipients of other housing and community development program assistance for a section 3 covered project(s) for which the amount of the assistance exceeds $200,000. (B) Contractor and subcontractor thresholds. The requirements of this part apply to contractors and subcontractors performing work on section 3 covered projects(s) for which the amount of the assistance exceeds $200,000; and the contract or the subcontract exceeds $100,000. (C) Threshold met for the recipients, but not contractors or subcontractors. If a recipient receives section 3 covered housing assistance or community development assistance in excess of $200,000, but no contract exceeds $100,000, the section 3 preference requirements only apply to the recipient. Page 50 of 55 (b) Applicability of section 3 to entire projector activity funded with section 3 assistance. The requirements of this part apply to the entire project or activity that is funded with section 3 covered assistance, regardless of whether the section 3 activity is fully or partially funded with section 3 covered assistance. (c) Applicability to Indian housing authorities and Indian tribes. Indian housing authorities and tribes that receive HUD assistance described in paragraph (a) of this section shall comply with the procedures and requirements of this part to the maximum extent consistent with, but not in derogation of, compliance with section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e(b). See CFR part 905) (d) Other HUD assistance and other Federal assistance. Recipients, contractors and subcontractors that receive HUD assistance, not listed in paragraph (a) of this section, or other Federal assistance, are encouraged to provide, to the greatest extent feasible, training, employment, and contracting opportunities generated by the expenditure of this assistance to low- and very low-income persons, or which employ low - and very low-income persons. Page 51 of 55 SECTION 3 INFORMATION 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 business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: 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 provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi -skilled, unskilled labor and trainees by category) where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. Initials Page 52 of 55 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: Jorge I. Rendon, Section 3 Coordinator Public Housing and Community Development 701 NW 131 Court, 16t" Floor Miami, Florida 33136 Office: 786-469-4227 Email: Section3@miamidade.gov Page 53 of 55 Initials ASSURANCE OF COMPLIANCE (Section 3. HUD ACT of 1968) TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project; the making of a good faith effort, as defined by the regulation, to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to 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 Agency Name: Employer ID #/FID #: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Title: Date: F- I Check one, as applicable: Contractor Subcontractor Other Page 54 of 55 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least percent (%) from the Section 3 Covered Area (Dade County, Florida). 4. The Bidder estimates that percent (%) of those materials purchased for use on this project will be from business located in the Section 3 Covered Area (Dade County, Florida) I, (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami - Dade County Public Housing and Community Development. Agency Name: Employer ID #/FID M Full Address lincludine Citv. ST and ZiD1 and Email Address Authorized Signature: Print Name: Title: Date: Check one, as applicable: Contractor Subcontractor Page 55 of 55 Other MIAMI-DADE COUNTY MI® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT L_ SECTION 3 REQUIREMENTS BID NO.: PHCD RPQ #' APPENDIX / ATTACHMENT #F� FOR PROCUREMENT CONTRACTS I. CONE OF SILENCE EXEMPTION " NEW" Public Housing and Community Development (PHCD) staff and bidders may communicate while a bid is in progress and prior to award of bid to clarify Section 3 definitions, requirements and business preference procedures, pursuant the Miami -Dade Commission on Ethics opinion on March 10, 2004. 11. GENERAL REQUIREMENTS 1. This contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations in 24 Code of Federal Regulations (CFR) Part 135, as amended by interim rule published on June 30, 1994 (59 FIR 33866). 2. Section 3 (24 CFR Part 135.1) requires that, employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible and consistent with Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. 3. Section 3 requires recipients, contractors and subcontractors to direct their efforts to award Section 3 covered contract, to the greatest extend feasible, to Section 3 Business Concerns. Section 3 businesses must comply with procedures and requirements, including deadlines mentioned in this document. 4. Contractors must familiarize themselves with Section 3 regulations and requirements. Contractors interested in receiving more information on Section 3 requirements, or interested in becoming a PHCD-certified Section 3 Business Concern shall contact PHCD Section 3 Coordinator at 5. All contractors/bidders (Section 3 and non -Section 3) are required to execute and submit under this Contract all the required forms listed on Section VII of this document at the time of bidding and Dost-award. Contractors who do not suhmit tha rannirnd dneumanta .111 nM k. 116 of 149 Page 1 of 8 RS/17/9719 Revised 05/29/20 MIAM MIAMI-DADE COUNTY ® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT III. SECTION 3 - CLAUSE (24 CFR 135.38): All section 3 covered contracts shall include the following clause (referred as the section 3 clause). The successful bidder (contractor), and bidder's subcontractors, are bound by the Section 3 Clause and must be included in all subcontractor agreements. 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. 1701 u (Section 3). The purpose of Section 3 is to ensure that the 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 worker's representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Non-compliance 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. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 117 of 149 Page 2 of 8 RS/17/9719 Revised 05/29/20 MIAMI-DADE COUNTY MI® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT IV. DEFINITIONS 1. Contractor means any entity which contracts to perform work generated by the expenditure of section 3 covered assistance, or for work in connection with a section 3 covered project. 2. HUD Youthbuild programs mean program that receive federal assistance and provide disadvantaged youth with opportunities for employment, education, leadership development, and training in the construction or rehabilitation of housing for homeless individuals and members of low- and very low-income families. 3. Low -Income person refers to families (including single persons) whose incomes do not exceed 80% (percent) of the area median income (AMI). 4. New hires mean full-time employees for permanent, temporary or seasonal employment opportunities. This includes, but is not necessarily limited to, all management, maintenance, clerical and administrative jobs arising in connection with the development(s) stipulated in the contract award. 5. Section 3 Business Concern (Section 3 Business) means a business concern (a) that is 51% (percent) or more owned by section 3 residents; or (b) Whose permanent, full-time employees include persons, at least 30% (percent) of whom are currently section 3 residents, or within three (3) years of the date of first employment within the business concern were section 3 residents; or (c) That provides evidence of a commitment to subcontract in excess of 25% (percent) of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications of Section 3 business concerns set forth in (a) and (b). 6. Sect/on 3 covered contract means a contractor subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of section 3 covered assistance, or for work arising in connection with a section 3 covered project. 7. Section 3 covered project means the construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead -based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance. 8. Section 3 Economic Opportunity and Affirmative Marketing Plan (Plan) - Document 00400, is the contractor's certification that he or she will (a) take all necessary affirmative marketing steps required, in connection with each PHCD project award, to meet Section 3 subcontracting goals and ensure Section 3 Business Concerns (where subcontracting is to take place) are used, and (b) meet Section 3 training and employment goals, where feasible, when filling vacant or new positions resulting from PHCD awards (applicable to all bidders who submit bids for PHCD work), and also seek to recruit qualified minorities and women to fill vacant or new positions resulting from PHCD awards. 9. Section 3 Resident means (a) a public housing resident; or (b) an individual who lives in Miami -Dade County, and who is a low-, or very low-income person; or (c) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. 10. Subcontractor means any entity (other than a person who is an employee of the contractor) which has a contract with a contractor to undertake a portion of the contractor's obligation for the performance of work generated by the expenditure of section 3 covered assistance, or arising in connection with a section 3 covered project. 11. Very Low- Income person refers to families (including single persons) whose incomes do not exceed 50% (percent) of the area median income (AMI). 118 of 149 Page 3 of 8 RS/17/9719 Revised 05/29/20 MIAMI-DADE COUNTY MIAMFOADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 12. The Miami -Dade County's (MDC) Income Limits for Low- and Very Low -Income persons are updated annually by HUD. The MDC Income Limits listed below can be found in PHCD's website at: hftp:lhvww.miamidade.gov/housinA/income-limits.asp.-Also HUD's latest income limits can be found at httDS://www.huduser.nov/nnrtaildatacwte/il_html MIAMI-DADE COUNTY - FY 2020 INCOME LIMITS Area Median Income (AMI) for Mlaml-Dade County: $59,100 Effective Date_: April 1, 2020 Family Size 1 2 3 4 5 0 7 8 Very Low (50% ofAMI) $32,000 $36,600 $41,150 $45,700 $49,400 $53,050 $56,700 $60,350 Low(80%ofAMI) $51,200 $58,500 $65,800 $73,100 $78,950 $84,800 $90,650 $96,500 V. PREFERENCE FOR SECTION 3 BUSINESS CONCERNS (24 CFR 135.36) 1. ORDER OF PROVIDING PREFERENCE/ PRIORITY RANKINGS: a) Order of providing preference. Recipients, contractors and subcontractors shall be directed to award Section 3 covered contracts, to the greatest extent feasible, to a Section 3 Business Concern in the order of priority provided below. Category 1 Section 3 business that: Business (a) Is 51%, or more owned by residents of a PHCD's housing development (PH (Highest residents), or Priority) (b) Whose full-time, permanent workforce includes 30% of these residents as employees' l Category 2 Section 3 business that: Business (a) Is 61% or more owned by residents of other PHCD's housing developments or programs (PH residents or participants in any other housing program managed by PHCD), or (b) Whose full-time, permanent workforce includes 30% of these residents as employees' Category 3 Section 3 business whose employees are participants in HUD Youthbuild program Business currently operating in Miami -Dade County by YWCA of Greater Miami, Inc. For more information, contact YWCA of Greater Miami, Inc, at 305-377-9922. Category 4 Section 3 business that: Business (a) Is 51% or more owned by Section 3 residents (Low- or Very Low -Income persons); or (b) Whose permanent, full-time workforce includes no less than 30% of Section 3 residents as employees'; or (c) That subcontract in excess of 25% (percent) of the total amount of subcontracts to Section 3 Business defined in Categories 1 and 2 only. 'To claim Section 3 Business preference based on employees that are Section 3 Residents, at least 30% of the permanent, full time workforce of the business shall Include current Section 3 Residents, or employees that within three (3) years of the first date of employment with the business concern were Section 3 Residents (24 CFR 135.5), at the time of this application. b) Eligibility for preference. A business concern seeking to qualify for a section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 Business Concern. c) Abil/ty to complete contract A Section 3 Business Concern seeking a contract or a subcontract shall submit evidence to the recipient, contractor, or subcontractor (as applicable), if requested, sufficient to demonstrate to the satisfaction of the party awarding the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract. 119 of 149 Page 4 of 8 RS/17/9719 Revised 05/29/20 MIS MIAMI-DADE COUNTY PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 2. AWARD - PROCUREMENT PROCEDURES THAT PROVIDE FOR PREFERENCE FOR SECTION 3 BUSINESS CONCERNS: Preference in the award of PHCD request for quotes under this contract will be provided as follows: Bids are being solicited from all businesses (section 3 business and non -section 3 business). Where applicable, an award will be made to the LOWEST responsive, responsible bidder, certified as Section 3 Business Concern, with the highest priority ranking, as stipulated above in Section V.1, if that bid: a) is within the maximum total contract price established in PHCD's budget, and b) is not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows: Bid Amount X = Lesser of: When the lowest responsive bid is less than $100,000 10% of that bid, or $9,000 When the lowest responsive bid is: At least $100,000, but less than $200,000 9% of that bid, or $16 000 At least $200,000, but less than $300,000 8% of that bid or $21,000 At least $300,000, but less than $400,000 7% of that bid or $24,000 At least $400,000, but less than $500,000 8% of that bid, or $26,000 At least $500,000, but less than $1 million 5% of that bid or $40,000 At least $1 million, but less than $2 million 4% of that bid, or $60,000 At least $2 million, but less than $4 million 3% of that bid, or $80,000 At least $4 million but less than $7 million 2% of that bid, or $105,000 $7 million or more 1 and % % of that bid, with no dollar limit 2. The contract shall be awarded to the lowest responsive responsible bidder if no responsive bid by a PHCD pre -certified Section 3 business concern meets the above -defined "X" factor. VI. REQUIREMENTS AND PROCEDURES 1. SUBCONTRACTING GOALS Each recipient, contractor and subcontractor may demonstrate compliance with the "greatest extent feasible" requirement of Section 3 by meeting the numerical goals set for providing training, employment, and contracting opportunities to Section 3 Residents and Section 3 Business Concerns. If subcontractors are to be used, contractor must take the following affirmative action steps to outreach to Section 3 Business Concerns, (multi -trade projects onlv), in addition, contractors and subcontractors must adhere to the provision set on Document 00400 "Section 3 Economic Opportunity and Affirmative Marketing Plan". a) Award to Section 3 Business Concerns: (1) At least 10% (percent) of the total dollaramount of all Section 3 covered contracts for building trades work for maintenance, repairs, modernization or development of public or Indian housing or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and (2) At least three (3%) percent of the total dollar amount of an other section 3 covered contracts, where feasible. 120 of 149 Page 5 of 8 RS/17/9719 Revised 05/29/20 MIAMI-DADE COUNTY MI®�E PUBLIC HOUSING AND COMMUNITY DEVELOPMENT b)Divide the work into smaller components, where feasible, to facilitate subcontracting opportunities to Section 3 Business Concerns. c) Document the outreach steps taken, consistent with the steps listed on Document 00400 "Section 3 Economic Opportunity and Affirmative Marketing Plan" to demonstrate compliance in solicitation to Section 3 Business Concerns. d) The contractor and subcontractors must meet applicable requirements, follow the outreach steps described in the contractor's executed Plan, submit the required PHCD's post -award f= and complete the required Section 3 workforce reports in the frequency and format requested by PHCD during the performance of the contract. Failure to comply with the requirements in the time frame requested may result in sanctions, termination of the contract for default, and debarment or suspension from future USHUD-assisted contracts. 2. TRAINING AND EMPLOYMENT OPPORTUNITIES - RECRUITMENT If subcontracting, contractor and subcontractors shall comply with the numerical goals for training and employment for new hires. Efforts to employ Section 3 Residents, to the greatest extent feasible, should be made at all job levels. Therefore, contractor and subcontractors shall comply with training and employment steps outlined in Document 00400 "Section 3 Economic Opportunity and Affirmative Marketing Plan" and must adhere to the following provisions: a) Commit to undertake efforts to train and hire qualified Section 3 Residents for their existing vacant or new positions in connection with this award, to the greatest extent feasible, at a minimum 30% of the total number of new hires for existing vacant or new positions, during the term of the contract following the order of priority order for Section 3 Residents indicated under Section VIII of this document. b) Explain to all job applicants how to claim Section 3 preference using PHCD forms provided at each pre -construction meeting. c) Include the language available in Document 00404 "Section 3 Language for News Ads, Flyers, and Job Notices" in any job news ads, flyers, and community notices, when advertising the training and employment opportunities. Provide preference to Section 3 residents in the hiring and training opportunities in connection with this award. Notices must be placed at the jobsite where work is to take place and in the surrounding community during the performance of the contract. d) Must submit the required PHCD's post -award forms listed in Section Vll in the frequency and format requested by PHCD on their efforts made to train and/or employ Section 3 residents in connection with this award and the results during the performance of the contract. Failure to comply with the requirements in the time frame requested may result in sanctions, termination of the contract for default, and debarment or suspension from future USHUD-assisted contracts. 121 of 149 Page 6 of 8 RS/17/9719 Revised 05/29/20 MIAMFD MIAMI-DADE COUNTY MM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT VII. REQUIRED DOCUMENTS FOR SUBMISSION 1. PRE -AWARD: Contractors/bidders must complete and submit the applicable documents listed below with the bid package: Submit with BID Package Dec. # DocumentfForm Name _ 00200 Section 3 Business Preference Claim (Only If claiming Section 3 preference) 00400 Section 3 Economic Opportunity and Affirmative Marketing Plan (Plan) j 00450 Contractors/Subcontractors Estimated Project Work Force Breakdown 1 2. POST -AWARD PROCESS: The lowest responsive, responsible bidder selected and its subcontractors, must complete and submit the following documents within 14 days of award notification: AWARD PROCESS - REQUIRED DOCUMENTS Doc. # DocumentlForm Name 00403 Training and Employment Outreach 00404 Section 3 Language for News Ads, Flyers and Job Notices (For inclusion in awardes's jobs ads) 00406 Letter of Intent to Subcontract(Solicit Section 3 Businesses 00430 List of Subcontractors Utilization 00452 Employee List a) Order of providing preference. Contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated by HUD funded projects to Section 3 Residents in the order of priority provided below. Category 1 Residents of the PHCD's public housing development or developments where work is to take Residents place. Hi hestpriority) Category 2 Residents Residents of other PHCD's public housing developments or 9 P programs managed by PHCD. Category 3 Participants in HUD Youthbulld programs currently operating in Miami -Dade County. For Residents more information, contact YWCA of Greater Miami, Inc. at 305-377-9922. Other Section 3 Residents: (a) Recipients of federal government housing assistance programs, such as Section 8, Category 4 Section 202, HOME, etc., or who are participants in a federally funded job training program, Residents such as Wages, etc, or (b) Individuals who reside in Miami -Dade County, and meet the definition of a low- or very low -Income person. 122 of 149 Page 7 of 8 RS/17/9719 Revised 05/29/20 MIAMI-DADE COUNTY E m PUBLIC HOUSING AND COMMUNITY DEVELOPMENT b) Eligibilityforpreference. A Section 3 Resident seeking the preference in training and employment shall certify, and submit evidence to the recipient, contractor or subcontractor, that the person is a Section 3 Resident as defined above. Example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program. c) Eligibility for employment Contractors and subcontractors are not required to hire/employ a Section 3 Resident who does not meet the qualifications of the position to be filled. IX. EMPLOYMENT OPPORTUNITIES For information on employment opportunities and application assistance, contact the CareerSource South Florida, at (305) 594-7615, ext. 407, or at www.careersourcesfl.com or the State of Florida at www.emi)lovflorida.com/ 123 of 149 Page 8 of 8 RS/17/9719 Revised 05/29/20 ®� PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW 1" Court,16th Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housing Section3(Ja)miamidade.gov SECTION 3 BUSINESS PREFERENCE CLAIM FORM DOCUMENT 00200 OPTIONAL DOCUMENT: Only applicable to current PHCD certified Section 3 (S-3) businesses who wish to claim a bidder's preference. Section 3 businesses must become certified at least two weeks prior to bid opening date to be eligible to claim Section 3 bidder's preference. Business application requests may be emailed to PHCD at Section 3(a)miamidade.00v. I, certify that this (Name of owner) (Business Name) has been certified by PHCD as a Section 3 Business. Therefore, I am claiming contracting preference under the following category: Initials Category Section 3 Business' Categories: (Only initial the category that best applies to Your business Section 3 business that: 1 (a) Is 51% or more owned by residents of a PHCD's housing development (PH residents), or (b) Whose full-time, permanent workforce includes 30% of these residents as employees' Section 3 business that: 2 (a) Is 51% or more owned by residents of other PHCD's housing developments or programs (PH residents or participants in any other housing program managed by PHCD), or (b) Whose full-time, permanent workforce includes 30% of these residents as employees' Section 3 business whose employees are participants in HUD Youthbuild program currently 3 operating in Miami -Dade County by YWCA of Greater Miami, Inc. For more information, contact YWCA of Greater Miami, Inc. at 305-377-9922. Section 3 business that: (a) Is 51% or more owned by Section 3 residents (Low- or Very Low -Income persons); or 4 (b) Whose permanent, full-time workforce includes no less than 30% of Section 3 residents as employees'; or (c) That subcontract In excess of 25% (percent) of the total amount of subcontracts to Section 3 Business defined in Categories 1 and 2 only. 1 To claim Section 3 Business preference based on employees that are Section 3 Residents, at least 300%, of the permanent, full time workforce of the business shall include current Section 3 Residents, or employees that within three (3) years of the first date of employment with the business concern were Section 3 Residents (24 cFR 12s.5), at the time of this application. If awarded, awardee/contractor is required to drovide the applicable documentation for the preference category being claimed including but not limited to Document 00401 Section 3 Resident Preference Claim; Document 00402, Section 3 Resident Household Income Certification: Document 00452 Employee List and Document 00406, Letter of Intent to Subcontract/Solicit Section 3 Businesses. FAILURE TO PROVIDE DOCUMENTATION SHALL INVALIDATE BIDDER'S SECTION 3 BUSINESS PREFERENCE CLAIM. Print Name Si nature/ Date Title Phone Number Email address Corn an /Business/Firm Name Address BID/RFP Number: BID/RFP Name: Waring: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department aAgenry of the United States is guilty of felony. State law may also provide penalties for false or fraudulent statements. 0 Page 1 of 1124 of 149 RS121010413/V3 Revised 04/21/17 MIAMMdr,f i� PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW I` Court, 161 Floor, Miami, FL 33136 Ph. #786-469.4227 _ www.miamidade.aov/housiMSection3@rrCiamidade.gov Section 3 Economic Opportunity and Affirmative Marketing Plan DOCUMENT 00400 (To be completed and submitted by all bidders) BIDIRFP Number: BIDIRFP Name: Name of business owner, officer, re resentative, agent) (Company/BusinesslFirm Name) The individual above, (awardee/contractor), is responsible for planning, implementing and tracking firm's Section 3 and affirmative marketing training, employment and contracting goals applicable to Public Housing and Community Development (PHCD) projects and must comply with United States Housing and Urban Development's (USHUD) Section 3 regulation at 24 CFR Part 135 (email PHCD section3 miamidade.nov to obtain a copy). Section I: Recruitment Procedures Required to Fill Vacant or New Positions Resulting from PHCD Awards (Applicable to Single Trade and Multi -Trade Projects) 1. Request from PHCD Section 3 Coordinator employment referrals from public housing residents, Section 8 and other housing program recipients, and low-income persons by email Section3(olmiamidade.gov. 2. Advertise the training and employment opportunities at the jobsite and surrounding neighborhood for targeted Section 3 residents and use the following language, which is available in Document 00404 "Section 3 Language for News Ads, Flyers and Job Notices" in all job notices and flyers: "This projectlactivity/solicitation, In whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding and is covered under 24 CFR Part 135, Section 3 Economic Opportunities. 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' 3. Schedule a time and place convenient for public housing and other Section 3 Residents to complete job applications and conduct job interviews, if applicable. 4. Contact YWCA of Greater Miami, Inc. at 305-377-9922, or fax 305-373-9922, for HUD Youthbuild employment referrals. You may also visit their web -site at www.vwca-miami.orrq for more information. 5. Send notices about Section 3 training and employment obligations and opportunities required for Public Housing and Community Development projects to labor organizations, where applicable (review Section 3 Clause). 6. Present Document 00401, "Section 3 Resident Preference Claim"to all job applicants, explaining Section 3 Residents will receive preference in the recruitment process, If they meet minimum job eligibility criteria. 7 91 Ensure applicants that claim a Section 3 preference provide proof as described in Document 00401, or complete Document 00402, "Section 3 Resident Household Income Certification" (Public housing residents must receive the highest preference points during the interview/selection process.) 9. Awardee/contractor is responsible for collection of subcontractor(s) training and employment documentation outreach efforts described in this document, new hire reports (required) and weekly employment forms (only when subcontractor(s) hire workers for vacant or new positions in connection with PHCD awards). 10. Will Subcontractors) be used? YES ❑ I NO ❑. If yes, Awardee/contractor is also required to comply with section II of this document. Section It: Awardeelcontractor Recruitment of Section 3 Businesses (Solicitation Requirements Applicable to Multi- Trade Projects Only) Awardee/contractor will follow Plan's affirmative marketing steps for each PHCD award, when subcontracting work, to Award to Section 3 Business Concerns: (1) At least 10% (percent) of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repairs, modernization or development of public or Indian housing or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and (2) At least three (39/6) percent of the total dollar amount of all other section 3 covered contracts, where feasible. warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States Is guilty of a felony. State law may also Pm1%p"0s for false or fraudulent statements. it Pagel of 2 Revised 06/07/2018 Section 3 Economic Opportunity and Affirmative Marketing Plan DOCUMENT 00400 Awardee/contractor shall demonstrate compliance In solicitation to the business categories, listed above, by following the steps described on page two of this Plan and Providing evidence to PHCD when requested 1. Refer any interested subcontractors that may meet the criteria to become a certified Section 3 Business to PHCD Section 3 Coordinator (Compliance) for assistance with completions and submittal of Section 3 Business Application. 2. Request from PHCD Section 3 Coordinator employment referrals from public housing residents, and other housing program recipients, and low-income persons by email Section3@miamidade.Qov. 3. Advertise for Section 3 subcontractors (subs) in construction trade journals, and post notices and distributes flyers at work site and surrounding neighborhood. The purpose of such advertisements is to make prospective subs aware of the Section 3 preference requirements applicable to PHCD project awards. 4. Send via fax, email or hand -deliver Document 00406 "Letter of Intent to SubcontracVSolicit Section 3 Businesses to all prospective subcontractor businesses for work in connection with each PHCD award. 5. Allow each subcontractor a minimum of five (5) business days to respond to contractor's solicitation by returning the applicable form(s) completed and signed. All forms received from Section 3 Businesses subcontractors must be sent to PHCD within 14 days of notification. 6. Use the Document 00403 "Training and Employment Outreach" form to document recruitment and follow-up with subcontractors. Make a second attempt to solicit to any Section 3 Business Concerns, who did not respond to the first solicitation attempt, using a variety of communication methods, i.e. facsimile, telephone, pager, e-mail, etc. 7. Awardeelcontractor is required to retain any documentation of outreach efforts and responses received from any organizations and subcontractors contacted for each PHCD project award, for three years after project completion. 8. Awardee/Contractor is required to submit all post award forms referenced in this document to PHCD, via email at S io 30-miamidade. ov within 14 days of notification. 9. Other post -award required submittals may include Document 00430 "List of Subcontractors utilization Section 3, Business", Document 00452 "Employee List" and, Document 00453 "ContractodSubcontractor Certification". DOCUMENT REQUIRED WITH BID SUBMISSION FROM BIDDERS WHO HAVE NOT PREVIOUSLY SUBMITTED PLAN UNDER MCC 7360 PLAN. Warning. Tllle 18, US Code Section 1001, states that it person who knowingly and~ makes false or fraudulent statements to any Department or agency of the United States is gully of a felony. State law may also provide pen Wo�r false or traudrrlent stsienrents Page 2 of 2 Revised 09/26/12019 MIAN' PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR/SUBCONTRACTOR ESTIMATED PROJECT WORK FORCE BREAKDOWN Document00450 All bidders are required to submit this document with the bid package. BID/RFP Name: BID/RFP Number: Date: / Contractor Print Name Contractor Company Name Email address Phone # A B C D I E I F G REFER TO BOX "C" TO COMPLETE BOXES "E' ="G" Job Category No. Positions Occupied by Permanent Employees for ea. job category) No. of Positions Not Occupied Total Estimated Positions Needed for Project (Box B + Box C No. of Positions to be Filled with Section 3 Residents Full or Part time Indicate If Permanent, Temporary or Seasonal Office Supervisor Office Clerical Professionals `Service Workers Trainees Others --(Specify Trade or Service; Journeyman or Apprentice) Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. 1 of 2 Revised 6/7/18 0 A U) MIAMI PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CONTRACTORISUBCONTRACTOR ESTIMATED PROJECT WORK FORCE BREAKDOWN Document00450 A B C E I F I G __DI REFER TO BOX "C" TO COMPLETE BOXES "E -"G" Job Category No. Positions Occupied by Permanent Employees (for ea. iob cateaorv) No. of Positions Not Occupied Total Estimated Positions Needed for Project (Box B + Box C) No. of Positions to be Filled with Section 3 Residents Full or Part time Indicate If Permanent, Temporary or Seasonal Office Supervisor 1 0 1 0 - Office Clerical 0 1 1 1 F P Professionals 1 1 2 1 F T 'Service Workers 1 2 3 1 F Trainees 2 2 4 2 P T Others --(Specify Trade or Service; Journeyman or Apprentice) Mechanic—Joumeyman 1 0 1 0 F P LD Warning: Title 18, US Code SecWn 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency o1 the United States is guilty of a lel�onv. State law may also provide penalties for false or fraudulent statements. 2 of 2 Revised 61711 S .�. MIAMFNIDE om PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW 191 Court, 161' Floor Miami, FL 33136 Telephone: 766-469-4227 www.miamidade.gov/housing Section3(a)miamidade.gov Section 3 Language for News Ads, Flyers, and Job Notices DOCUMENT 00404 Congress established the Section 3 policy to guarantee that the employment and other economic opportunities created by Federal financial assistance for housing and community development programs should, if possible, be directed toward low- and very - low income persons, particularly those who are recipients of government assistance for housing. The following language must be included in all advertisements/solicitations/flyers and advertised according to the scope of services and value of this solicitation. "This project/activity/solicitation, in whole or in part, will be assisted through the Miami -Dade County Public Housing and Community Development with Federal funding and is covered under 24 CFR Part 135, Section 3 Economic Opportunities. 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." For more information on the Section 3 requirements, or to request and application you may contact Public Housing and Community Development (PHCD) Section 3 Coordinator by email at Section3amiamidade.gov, or visit PHCD's website at http://www.miamidade.gov/housing/section-3.asp Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Departrnent or Agency of the United States is guilty of a felony. Stale law may also provide penalties for false or fraudulent statements. RS/7/010413N3 19 Page 1 of 1 129 of 149 MtAM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Ems 701 NW 181 Court, 161h Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housing Section3(cDmiamidade.gov LETTER OF INTENT TO SUBCONTRACT/SOLICIT SECTION 3 BUSINESSES DOCUMENT 00406 Contractors and subcontractors may demonstrate compliance with meetinq the numerical _goals of Section 3 Reauirements to the *greatest extent feasible" to award a minimum of 10% of the overall amount to Section 3 Business subcontractors where feasible. EACH Section 3 Business solicited for PHCD work interested in submitting a bid for this project must complete this form by Contractor's deadline. Contractors certified by PHCD as Section 3 Businesses, based on a commitment to subcontract in excess of 25% percent of the dollar award of all subcontracts to Section 3 Businesses that are 51% or more owned by residents of a PHCD's housing program, or whose full-time permanent workforce includes 30% of these residents, must submit this form completed and signed by the applicable parties within 14 days of notification. Project Name: Contract Award Amount: From To: Contractor Print Name Name Project Number: Date: / / Phone/Fax #: Contractor Company Name Email address Business Phone/Fax # Please be advised that I intend to subcontract the following work in connection with the above Public Housing and Communitv DeveloDment's Droiect/contract. which is suhipct to Ssntinn 3 rpnuirpmpnts- Type of work required to be performed by Subcontractor Job category: Specialty Trade or Service needed Type of License Required, If any (to be completed by subcontractor and submitted at the time of bidding) )id for a PHCD's proiectlwork awarded to the above -named contractor, the sumontractor must complete Section II of this form and return/submit it to the contractor within five (5) business days. Otherwise, if not interested or unable to Perform work, the subcontractor shall complete the "Certificate of Unavailability" form and return/submit it to the contractor within five (5) days. Business/subcontractor's Federal Employer Identification # or SS# (last 4-digits): 1, , of (Print Name) (Title) (Business Name) certify, that my business: O Is Certified as Section 3 Business by PHCD 0 Is not certified, but interested in becoming a certified S3 Business by PHCD Holds the following State of Florida and/or MDC professional or technical licenses: Expiration Date:_/_I_ Expiration Date: My business has the sufficient capacity to perform the type of work required, the valid license(s) and/or permit(s) as applicable, the ability to obtain bonding that is consistent with normal industry practice (if applicable), and the ability to meet the bid specifications. Contractor Signature: Date: Warning: Title 18, US Code Section 1001, states that a person who knowingly and wiffiNly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State taw may also pro�i'e� rs for false or fraudulent statements. Page 1 of 1 Revised 9125119 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT LIST OF SUBCONTRACTORS UTILIZATION SECTION 3 BUSINESS DOCUMENT 00430 DOCUMENT REQUIRED WITH BID ON ALL SINGLE AND MULTI -TRADE PROJECTS. Contractor should include information about all subcontracts on this form, and attach documentation to demonstrate the affirmative steps undertaken to solicit and award contracts (where subcontracts are applicable) to Section 3 (S-3) businesses, in accordance with solicitation procedures described in the proposal or bid. Project Name: Contractor Business Name: Name of Person Completing Form: Project #: Contract Award Amount: $ Address: Email Address: Federal ID #: Phone #: Contractor's Racial/Ethnicity Code (optional): Q S-3 Business: Yes ❑ No ❑ Will subcontractors be used? Yes ❑ No ❑ if yes, please complete information below for all subcontractors being utilized. TOTAL AMOUNT OF SUBCONTRACTS: $ TOTAL AMOUNT AWARDED TO SECTION 3 BUSINESSES: $ Subcontractor (SC) Information: Name, Address, Phone and Fax Numbers Federal ID # Section 3 Business Yes/No Racial! Ethnic Code Contract Amount Trade, Service or Supply Competitive or Negotiated Bid 'RACUUJETHNIC CODES: 1- White Americans 2 - Black Americans 3 - Native Americans 4 - Hispanic Americans S - Asian/Pacific Americans 6 - Hasidic Jews. Warning. Tile 18. US code Section 1001, states that a person who know►ngy and willl»gly makes false or fraudulent statements to any Depedomw or agency of the United states Is gt y of a felony. Stets law may also provide penafts for false or haudtdent statements. dh 1 of 1 Revised 6124116 H®� PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW 1s1 Court, 160' Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housina Section3Comiamidade.pi EMPLOYEE LIST DOCUMENT aed52 FEDERAL BUSINESS NAME: ID#: FEIN BUSINESS ADDRESS: OWNER'S NAME: EMAIL ADDRESS: PHONE M Provide information for EACH employee of the business and check the applicable Section 3 Residents Category, if any. If neceassary,use addkional pages of this form and number each Pa e Check the applicable, if any Social Date Section 3 Employee Name Securit Address Phone # Tifle/Job Hourl of FT/ Residents y # (last Category y Rate Hire PT Cate o OH W 4-digits) H SB I B VL FA I ❑❑ ❑❑❑❑ Lj ❑❑ ❑❑ ❑❑❑ ❑❑ ❑❑❑ ❑❑❑❑❑ ❑❑❑❑❑ FT= Full Time PT = Part time Section 3 Residents Category: PH = Public Housing Resident S8 = Section 8 Resident OH = Other Housing FA = Federal Assistance YB = Youthbulld Program V = Low- Income Very Low-income=VU Proof of program participation or any other supporting documentation must be provided for employees claiming Section 3 Residents Preference. Note: To claim Section 3 Business preference based on employees that are Section 3 Residents, at least 30% of the permanent, full time workforce of the business shall include current Section 3 Residents, or employees that within three (3) years of the first date of employment with the business concern were Section 3 Residents (24 CFR f3s.5), at the time of this application. Total Number of Employees: 0 Number of Employees with Section 3 (S3) Residents Preference: Percentage of employees with S3 preference: Employees with S3 Preference t Total number of employees = I certify to the best of my knowledge that the information contained here within, and in the documents attached, is true and correct. Print Name Signature Date 0Warning. rifle 18, US Code Section 1001, states that a person who knowingly and willingly makes false a fraudulent statements to any Depanmenl c, Im Agency of the United States is gulfty of a felony. State law may also provide penallies fo false or fraudulent statements. • wn Page 1 of 132 of 149 RS0010413IV3 Revised 04121/17 M® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW 1" Court, 161" Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housing Section3Caamiamidad0.aov SECTION 3 RESIDENT PREFERENCE CLAIM DOCUMENT 00401 Section 3 Resident means: (1) A public housing resident; or (2) An individual who resides in Miami -Dade County, and who is a low- or very low-income person; or (c) A person seeking training and employment preference provided by Section 3 bears the responsibility of providing evidence, that the person is eligible for the preference. To determine if you are a Section 3 Resident, please answer the following questions. If you answered 'yes" to any of the questions, you may be entitled to claim Section 3 Resident Preference, when applying for training and employment opportunities generated from federally funded projects. Are you a legal resident of Miami -Dade County (MDC)? Yes ❑ No ❑ Are you a public housing resident / living In a public housing unit? Yes ❑ No ❑ Are you a Section 8 Voucher holder / living In a Section 8 or subsidized unit? Yes ❑ No ❑ Are you a HUD Youthbuild program participant? Yes ❑ No ❑ Do you receive federal, or public assistance? Yes ❑ No ❑ Is your annual household Income between the MDC Income Limits for Low- or Very Low -Income listed below? Yes ❑ No ❑ Circle the Income Limit that applies to your household/family) MIAMI-DADE COUNTY —FY 2020 INCOME LIMITS Area Median Income (AMI) for Miami -Dade County: $59,100 Effective Date: April 1, 2020 Family Size 1 2 1 3 4 S 6 7 6 Very Low (50% of AM]) $32,000 $36,600 $41.150 $45,700 $49,400 $53,050 $56.700 $60,350 Low (80%of AMI) $51.200 $58,500 $65,800 $73,100 $78,950 $84,800 $90,650 1 $96,500 The Miami -Dade County's (MDC) income limits for Extremely Low-, Low- and Very Low -Income families are updated annually by HUD. The MDC income limits can also be found on PHCD's website at: hftp:ihvww.rniamidade.00v/housing/income-limits.asp. Section 3 Resident Certification Race/Ethnicity (Optional: For statistical purposes only) Print Name: Social Security # last 4-digits): Address: Phone #. Email Address: Employed by: Annual Family/Household Income: $ Number of Family/Household Members: A Section 3 Resident seeking the preference in training and employment shall certify, and submit evidence to the recipient, contractor or subcontractor, that the person is a Section 3 Resident as defined above. I have attached one of the following documents as proof of my status: ❑ 1. Proof of residency in a Public Housing, Section 8, or any other federally assisted housing program (current lease) ❑ 2. Proof of income or public assistance, such as Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF) recipients, or Head Start, VPK, Kids Care, or meals program participation. ❑ 3. Proof of participation in a HUD YOUTHBUILD program. ❑ 4. Proof of participation in a federally assisted program such as Job Training Partnership Act (JTPA), etc. ❑ 5. Proof of participation in a state or local assistance program, or other program that assists low- or very low-income persons. ❑ 6. Use Document 00402, "Section 3 Resident Household Income Certification" to provide the individual/emolovee household ❑ 7. None of the above applies. No further forms are required. I certify to the best of my knowledge that the Information contained here within is true and correct. Print Name: Signature: Date: Wamine: 778a 18, US Code Section fool, slates that a person who knowhaanQ 1v,71j8g1y makes false or Gaudulent statements to any Department or Agency of the 10 United States is polity o/afelony. Stets law may also provide penalties forfl lent statements. Page 1 of 1 RS121010413N3 Revised 05101t20 M® PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 701 NW 11t Court, 16d' Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housing Section3CaDmiamidade.gov SECTION 3 RESIDENT HOUSEHOLD INCOME CERTIFICATION DOCUMENT 00402 Residents of Miami -Dade County who are low- or very low-income persons and are seeking Section 3 residents preference in training and employment, but are neither public housing residents, nor participants in a federally assisted housing program, nor recipients of public assistance shall (1) disclose their total current gross annual household income, (2) provide the name and date of birth of each household member. The income earned by all household members, except the income earned by children under 18, received from private assistance/contribution, child support, and bank or investment earnings must be included, where indicated below. Print Name: Social Security # last 4-digits): Address: Email Address: Phone #: Employed by: Annual Family/Household /Household Income: $ Total Number of FamilyMembers Number of Adults: Number of Children: The sources of my total annual household income is/are: If necessary, use additional pages and number each page) Family Members' Name Income source - Income Amount Gross Annual Earnings ( Income from Employment) Private Assistance (Contribution) Child Support Income fromIncome interest earned by bank account from Investment earnings Other Income list (list) Head of Household (HOH) HOH Spouse/Co-tenant if applicable) Other Adult: 18 years or older f applicable) Other Adult: 18 years or older if applicable) Other Adult: 18 years or older if applicable) Other Adult: 18 years or older If applicable) By signing this document, I certify that the information I have provided above is true and correct, and I agree to provide proof of the annual family/household income such as a copy of prior year federal income taxes, IRS W-2 r - - ax ronn, corm 1099, or current paycheck stubs. Print Name Signature Date Warning: Title 10, US Codo Section 1001, states that a person who k49*0'b agQwMng/y makes false or fraudulent statements to any Department or Agency of the United States is guillyofe felony. State law may also provitle penalties for false , imud"lent stalenrenls. 0 ate„- i ,d I avnmiuwn,, w-,e.on un a,m PUBLIC HOUSING AND COMMUNITY DEVELOPMENT MIAM 701 NW 111 Court, 161 Floor, Miami, FL 33136 Ph. #786-469.4227 www.miamidade.gov/housing Section3(a)miamidade.gov LETTER OF COMMITMENT TO SUBCONTRACT WITH SECTION 3 BUSINESS CONCERNS DOCUMENT 00409 This form must be completed and submitted with the Section 3 Business Application, only if seeking Section 3 Business certification under qualifying option number three (3): By signing below, I acknowledge that my business is willing to enter into contractual negotiations with qualified Section 3 business concerns, as a condition of this Section 3 business certification for the provisions of services with Miami -Dade County Public Housing and Community Development (PHCD) Section 3 projects or other projects designated by PHCD as eligible Section 3 projects. The company intends to meet this requirement by subcontracting twenty-five percent (25%) or more of its awarded contracts to qualified Section 3 business concerns. The Section 3 business concerns that will be contracted are defined in the Code of Federal Regulations (24 CFR Part 135.5) as: A business concern, as defined in this section — (1) That is 51 percent or more owned by section 3 residents; or (2) Whose permanent, full-time employees include persons, at least 30 percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; If the company is awarded a contract, I agree to negotiate in good faith with an appropriate Section 3 business concern to subcontract with said business. Signing this Letter of Commitment does not obligate the company to sign a contract with Section 3 business concerns for the provisions of services and/or products, at this time. I understand if I receive a Section 3 covered contract that my contract is also subject to Section 3 compliance and monitoring. I understand this letter is subject to verification by PHCD or its designee during bid evaluation and contract award process. I, the undersigned, as an officer of the company, hereby certify that all of the information I have provided is true to the best of my knowledge. Print Name: Name of the Company: Address of the Company: Title: Date: / / Warning: Title 18, US code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. 0 Pa9g5l&J9 Revised 6/15/16 " PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR/ SUBCONTRACTOR CERTIFICATION DOCUMENT 00453 BID Number BID Name Contractor/Business Name Address Phone/Fax Number Email address The principal signatory, who represents the contractor listed above, certifies that its business has agreed to fill 30% of their vacancies in connection with this award by using the training and employment strategies, outlined in the contractor's Section 3 Economic Opportunity and Affirmative Marketing Plan. Further, the undersigned, below, agrees to document and maintain records on all Section 3- related transactions, in connection with this contract award. The undersigned hereby certifies that any vacant employment positions, including training positions, that were filled (1) after the business listed above was selected but before the contract was executed, and (2) with persons other than to whom the regulations of 24 CRF part 135 (Section 3) require employment opportunities to be directed, were not flied to circumvent the contractor's obligations under 24 CFR part 135. (Principal Signatory Pant Name) (Principal Signatory Title) (Principal Signatory Signature) (Date) Warning. Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the Unfted States is guilty of a felony. State law may also provide penalties for false or fraudulent statements. 19 Page 1 of 1 136 of 149 Revised 6/15/16 s,NOIS1:)30 30VM» d 1N3WH:)VIIV Wsluawaa'inball £ uoipaS ig sp sepu>rjS aoq>r1 IEaapa� jusLudolawaQ /4lunwwo' ag BuisnoH �!Ignd 'sjuawaalnb9V �uEaE) IEaapa� E)BQ�„ XX-OZOZMd# deb S3NVI 13AVVI WObd NOIIVMVd3S H11M S3NVq 31:)A7I9 :10 NOIIV 11VISNI 3" H1,LS MS Ol 3" cmZ9 MS WOad 133a1S H1119 MS b lIBIHX3 Page 1 of 6 ATTACHMENT A "General Decision Number: FL20200178 01/03/2020 Superseded General Decision Number: FL20190178 State: Florida Construction Type: Highway County: Miami -Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 • ELEC0349-002 09/02/2019 Rates Fringes ELECTRICIAN ......................$ 35.36 12.77 ---------------------------------------------------------------- SUFL2013-039 08/19/2013 Rates Fringes CARPENTER ........................$ 17.84 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Form Work ..... $ 15.49 0.00 FENCE ERECTOR ....................$ 12.82 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) ..... $ 15.07 0.00 Initials• 138 of 149 nups://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is_active=true&date_fi... 6/5/2020 Page 2of6 HIGHWAY/PARKING LOT STRIPING: Painter .........................$ 12.13 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman)....... $ 11.16 0.00 INSTALLER - GUARDRAIL ............ $ 13.43 0.00 IRONWORKER, ORNAMENTAL ........... $ 13.48 0.00 IRONWORKER, REINFORCING .......... $ 18.43 0.00 IRONWORKER, STRUCTURAL ........... $ 16.42 0.00 LABORER (Traffic Control Specialist incl. placing of cones/barricades/barrels - Setter, Mover, Sweeper) .......... $ 11.59 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor ......................$ 12.31 0.00 LABORER: Common or General ...... $ 10.69 0.00 LABORER: Flagger................$ 12.53 0.00 LABORER: Grade Checker .......... $ 12.41 0.00 LABORER: Landscape & Irrigation .......................$ 9.02 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 13.91 3.50 LABORER: Pipelayer..............$ 15.02 0.00 OPERATOR: Backhoe/Excavator/Trackhoe....... $ 16.24 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 12.88 0.00 OPERATOR: Boom ..................$ 18.95 0.00 OPERATOR: Boring Machine ........ $ 15.29 0.00 OPERATOR: Broom/Sweeper ......... $ 13.01 0.00 OPERATOR: Bulldozer .............$ 16.77 0.00 OPERATOR: Concrete Finishing Machine ..........................$ 15.44 0.00 OPERATOR: Concrete Saw .......... $ 14.43 0.00 OPERATOR: Crane .................$ 22.46 0.00 OPERATOR: Curb Machine .......... $ 20.74 0.00 OPERATOR: Distributor ........... $ 13.29 0.00 OPERATOR: Drill .:...............$ 14.78 0.00 Initials: 139 of 149 https://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is active=tme&date fi... 6/5/2020 Page 3 of 6 OPERATOR: Forklift ..............$ 16.32 0.00 OPERATOR: Gradall...............$ 14.71 0.00 OPERATOR: Grader/Blade .......... $ 20.22 3.85 OPERATOR: Loader ................$ 15.53 0.00 OPERATOR: Mechanic ..............$ 18.03 0.00 OPERATOR: Milling Machine ....... $ 14.67 0.00 OPERATOR: Oiler .................$ 16.32 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 13.61 0.00 OPERATOR: Piledriver ............ $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 14.45 0.00 OPERATOR: Roller ................$ 13.67 0.00 OPERATOR: Scraper ...............$ 12.01 0.00 OPERATOR: Screed ................$ 14.15 0.00 OPERATOR: Tractor ...............$ 12.19 0.00 OPERATOR: Trencher ..............$ 14.74 0.00 PAINTER: Spray ..................$ 16.52 0.00 SIGN ERECTOR .....................$ 12.96 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation ...... $ 19.07 0.00 TRUCK DRIVER: Distributor Truck ............................$ 14.96 2.17 TRUCK DRIVER: Dump Truck ........ $ 12.19 0.00 TRUCK DRIVER: Flatbed Truck ..... $ 14.28 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 15.07 0.00 TRUCK DRIVER: Slurry Truck ...... $ 11.96 0.00 TRUCK DRIVER: Vactor Truck ...... $ 14.21 0.00 TRUCK DRIVER: Water Truck ....... $ ---------------------------------------------------------------- 13.17 1.60 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this Initials: 140 of 149 https://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is active=true&date fi... 6/5/2020 Page 4 of 6 contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 types) 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 a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ­'SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which Initials: 141 of 149 https://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is active---true&date fi... 6/5/2020 Page 5 of 6 these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classifications) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to .any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator initials: 142 of 149 hops://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is_active--trite&date fi... 6/5/2020 Page 6 of 6 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION LL Initials: 143 of 149 https://beta.sam.gov/wage-determination/FL20200178/0?index=wd&is_active---true&date fi... 6/5/2020 EXHIBIT 4 SW 64T" STREET FROM SW 62ND AVE TO SW 57T" AVE INSTALLATION OF BICYCLE LANES WITH SEPARATION FROM TRAVEL LANES RFP #PW2020-14 "CDBG Federal Grant Requirements, Public Housing & Community Development Federal Labor Standards & Section 3 Requirements." ATTACHMENT B "FEDERAL LABOR STANDARDS" 144 of 149 Federal Labor Standards Provisions U.S. Department of Housing ACHMENT B and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3). the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill. except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (11) (a) Any class of laborers or mechanics which is not listed In the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division. Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative. will approve. modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or Its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits. where appropriate). HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator. or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (Iii) 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 H 1a (0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 145 of 149 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements. which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice. trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor. disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification. hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -bacon Act) daily and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs. the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (11) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor. or owner, as the case may be, for transmission to HUD or Its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at htto.11www.dof.vov/esoAvhd/formsAvh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee If the agency is a party to the contract. but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee. the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or Its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149.) weekly number of hours worked, deductions , made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance.' signed by the contractor or found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable. that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD4010 (06/20 Page 2 of 5 ref. Handbook 1344.1 146 of 149 (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 lull wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated Into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance' required by subparagraph A. 3. (ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (ill) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for Inspection. copying, or transcription by authorized representatives of HUD or its designee or the Department of tabor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor. applicant or owner, take such action as may be necessary to cause the suspension of any further payment. advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and Individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program. who is not individually registered In the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker fisted on a payroll at tf t h Is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office. withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (11) Trainees. Except as provided in 29 CFR 5.18, trainees will not be permitted to work at less then 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 an appren ce wage ra e, w o Previous editions are obsolete form HU0 4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 147 of 149 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition. any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. Jill) Equal employment opportunity. The utilization of apprentices. trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11248, as amended. and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 8. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision. and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and Interpretations of the Davis - Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth In 29 CFR Parts 5, 8, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of Its subcontractors) and HUD or its designee, the U.S. Department of Labor. or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest In the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (III) The penalty for making false statements is prescribed in the U.S. Criminal Code, i8 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 ......................... mattes. utters or publishes any statement knowing the same to be false ......................... shall be fined not more than $5.000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborer; or mechanics shall require or permit any such laborer or mechanic to 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 $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (0512009) Page 4 of 5 ref. Handbook 1344.1 148 of 149 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for Unpaid wages and liquidated damages as provided in the clause set forth In subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54. 83 Stat 96). 4Q USC 3701 at sea. (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 farm HUD-4010 (0612009) Page 5 of 5 ref. Handbook 1344.1 149 of 149