Res No 078-21-15698RESOLUTION NO.: 078-21-15698
A Resolution authorizing the City Manager to execute a contract with Unitec,
Inc. for construction services related to safety, security and other improvements
at Marshall Williamson Park.
WHEREAS, the City received a Community Development Block Grant (CDBG) award in the
amount of $150,000 from Public Housing and Community Development (PHCD) of Miami Dade
County. The City is responsible for a minimum contribution in the amount of $50,000; and
WHEREAS, the grant agreement provides funding towards project design plans and
capital construction services for general improvements related to preventative safety and
security efforts at Marshall Williamson Park; and
WHEREAS, by way of Resolution #108-20-15548 (attached), the City contracted with
Stantec to develop and complete professional design construction plans for various safety and
security improvements at Marshall Williamson Park; and
WHEREAS, in summary, park improvements entail a new emergency call box for
automatic connection to emergency response, multiple security cameras at the park, corrective
tree pruning to improve visibility to and through the park, removal of diseased or dead trees (3),
sidewalk repairs/improvements within the park, new tennis benches and dugout cover
improvements, and a new 26 linear foot ADA sidewalk extension from the existing right-of-way
walkway to tennis court area; and
WHEREAS, through the Procurement Division, the City's Parks and Recreation
Department submitted a Request for Proposal ("RFP") #PR2021-37 on Thursday, April 22, 2021
for professional construction services related to the subject capital improvement project; and
WHEREAS, the City received one (1) response/proposal from Unitec, Inc ("Unitec").
Unitec has met the minimum requirements of the City's solicitation as well as the requirements
from PHCD office; and
WHEREAS, city staff recommends entering into a contract with Unitec Inc. based upon its
previous work experience with the City, project bid price, and compliance with the terms of the
RFP; and
WHEREAS, the proposal/contract amount shall not to exceed $169,547.17.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, 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.
Res. No. 078-21-15698
Section 2. The City Manager is hereby authorized to enter into an agreement with Unitec,
Inc. in the amount not to exceed $169,547.17 for construction services related to safety and
security improvements at Marshall Williamson Park. The total expenditure, which includes
contingency funds for unforeseeable conditions, will be paid from the following accounts:
• $91,654 from CDBG Marshall Williamson Park, account number 120-3313-572-6550,
which has an available balance of $91,654.
• $77,893.17 from Parks Capital Improvement, account number 301-2000-572-6450, which
has a balance of $553,212 before this request was made.
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 will
not affect the validity of the remaining portions of this resolution.
Section S. Effective Date. This resolution will become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 6th day of July' 2021.
ATTEST:
READ AND APPROVED AS TO FORM
LANGUAGE�LITYAN
EXECUT HEREOF Tjn
RNEY
2
_ JIM
•� j
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Commissioner Corey:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Rem No:8.
City Commission Agenda Item Report
Meeting Date: July 6, 2021
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to execute a contract with Unitec, Inc. for construction services
related to preventative safety and security improvements at Marshall Williamson Park. 3/5 (City Manager -Parks
& Recreation Dept.)
Suggested Action:
Attachments:
Memo-MWP Safety & Security Improvements(QP).docx
Reso-M W P_Safety_Secu rity_I m prove me nts. docx
CDBG Amendment l.pdf
CDBG Executed Contract.pdf
UNITEC Proposal Docs.PDF
Construction Plans.pdf
Tree Resource Eval for MWP.pdf
Bid Tabulation RFP PR2021-37 6.3.21.pdf
DEMAND STAR RFP PR2021-376.3.21.pdf
RFP Advertisement.pdf
CITY OF SOUTH MIAMI
FFICE OF THE CITY MANAGER
South Miami INTER -OFF CEMEMORANDUM
THE CITY OF PLEASANT LIVING
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: July 6, 2021
SUBJECT: A Resolution authorizing the City Manager to execute a contract with
Unitec, Inc. for construction services related to preventative safety and
security improvements at Marshall Williamson Park.
BACKGROUND: The City received a Community Development Block Grant (CDBG) award
in the amount of $150,000 from Public Housing and Community
Development (PHCD) of Miami Dade County. The grant agreement
provides funding towards project design plans and capital construction
services for general improvements related to preventative safety and
security efforts at Marshall Williamson Park. The City is responsible for a
minimum contribution in the amount of $50,000. The agreement expires
March 31, 2022, according to Amendment One (attached).
By way of Resolution #108-20-15548 (attached), the City contracted
Stantec to develop and complete professional design construction plans
for various safety and security improvements at Marshall Williamson
Park. In summary, park improvements entail a new emergency call box
for automatic connection to emergency response, multiple security
cameras at the park, corrective tree pruning to improve visibility to and
through the park, removal of diseased or dead trees (3), sidewalk
repairs/improvements within the park, new tennis benches and dugout
cover improvements, and a new 26 linear foot ADA sidewalk extension
from the existing right-of-way walkway to tennis court area.
PROCUREMENT
PROCESS: Through the Procurement Division, the City's Parks and Recreation
Department submitted a Request for Proposal ("RFP") #PR2021-37 on
Thursday, April 22, 2021 for construction services related to the subject
capital improvement project.
Similar to other government agencies, the City advertises and posts bid
solicitations on its website, the Daily Business Review, and through
Demand Star, which is a subscriber service that connects government
1
2
South Miami
THE CITY OF PLEASANT LIVING
VENDOR & EXPENSE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
agencies with business suppliers. Although Demand Star results show
that 774 vendor subscribers were notified and 22 vendors downloaded
the bid documents, only one (1) response/proposal was received from
Unitec, Inc ("Unitec"). Unitec has met the minimum requirements of the
City's solicitation as well as the requirements from PHCD office.
City staff recommends entering into a contract with Unitec Inc. based
upon its previous work experience with the City, project bid price, and
compliance with the terms of the RFP.
Unitec, Inc.
Proposal/contract amount shall not to exceed $169,547.17, which
includes a 10% contingency for an unforeseen construction -related
event(s).
ACCOUNT(S): The total expenditure shall be charged to:
• $91,654 from CDBG Marshall Williamson Park, account number
120-3313-572-6550, which has an available balance of $91,654.
• $77,893.17 from Parks Capital Improvement, account number
301-2000-572-6450, which has a balance of $553,212 before this
request was made.
Items
Amount
CDBG Award Funding
$150,000.00
City CIP Funding/Contribution
$77,893.17
ROW Sidewalk Improvements - COMPLETED
-$26,321.00
Stantec Design Services - COMPLETED
-$32,025.00
Unitec Inc. Construction Services — PENDING APPROVAL
-$169,547.17
Balance
0
ATTACHMENT(5): Resolution
Stantec Resolution #108-20-15548
Amendment #1—CDBG Agreement Marshall Williamson Park
CDBG Executed Agreement — Marshall Williamson Park
Proposal — Unitec, Inc.
Construction Plans
Tree Resource Evaluation/Plans
Bid Tabulation Report
Demand Star
RFP Advertisement
04
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AME ME T ONE TO THE
FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
• BETWEEN
MMIIIII-DADS COUNTY
AND
CITY OF SOUTH MIAMI
This Amendment amends the FY 2018 Community Development Block Grant Contract between
Miaml-Dade County, a political subdivision of the State of Florida, hereinafter referred to as the
"County' and City of South Miami, hereinafter referred to as the "Awantee", executed on June
10*j 2018, (the " Cortitraer or "Agreement") is amended as follows:
1. Page 1, paragraph 8. Is amended to read as follow:
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties
hereto agree as follows:
EFFECTIVE TERM
OF AGREEMENT: This Agmmnent shall begln on Qgker 1. 2018.
This Agreement shall expire on March 31. 2022. Any extension
granted will be contingent upon c ompiianc a with and in accordance with Resolutions No. R-183-
13 arWor R-232-14, as applicable and must be signed by the Mayor or Mayor's Designee to be
valid.
All other portions of paragraph 8 remain unchanged.
2. Attachment A-1 of the Contract Is replaced In its entirety and is hereby amended by
Attachment A-1, which Is attached hereto and incorporated by reference.
The effective date for this amendment Is SeMember 30. 2020.
AN references in the Contract to the expiration date shall now read the expiration date of MR
?.02
This Amendment Is intended to extend the Contract, until Memo 31. ZOZZ. The Parties ratify
and adopt all to provisions, duties and obligations of the Contract as if fully set forth herein.
This Amendment and aU Re attachments are hereby made a part of the Contract.
Excel for any changes enumerated above, all provisions of the contract shall remain in full
farce and effect.
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Resolution Number: R-814-18
Awarded Amount: 150 000
Duns Number: 24628976
CDBG 2018 FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT
Non -Profit CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreements or "Contract"), by and between Miami -Dade County, a
political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami, hereinafter
referred to as "Awardee" and having offices at, 6130 Sunset Drive. South Miami FL 33143 and telephone number of
(305) 668-2510 states conditions and covenants for the rendering of Community, Economic or Housing activities
hereinafter referred to as "Activity or Activities" for the County through Its Public Housing and Community
Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 14t' Floor, Miami,
Florida 33136, collectively referred to as the "Parties."
WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and
welfare of the residents throughout the County; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated CDBG funds (plus any Program Income awarded by the Board of
County Commissioners, which may be added to the Contract by Amendment) to the Activity Marshall Williamson Park
CPTED Project. located at 6100 SW 6r Avenue South Miami FL33143. All CDBG funds, except those awarded to
County Departments and municipaltles, are awarded in the form of a loan that is forsalvable if the national objective
is met pursuant to the terms and conditions set forth herein, including but not limited to Section 11, W(2Xa)(1 )-(2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, `Scope of
Services", in Miami -Dade County or the focus area(s) of the county.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows:
EFFECTIVE TERM
OF AGREEMENT: This Agreement shall begin on October 1.2018.
This Agreement shall expire on September 30, 2020.
AMOUNT OF AGREEMENT: Subject to the availability of funds, the amount of funds which may be disburse, in
accordance with this Agreement, may not exceed $160,000
DEFINITIONS
PHCD Public Housing and Community Development or its successor
Department:
24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and
Regulations Community Development Act of 1974, as amended - Community
Development Block Grant.
Awardee Recipient of CDBG funds from Miami -Dade County.
Page 1
N
Community Development
Corporation
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low- and moderate -income area
residents and which is receptive to the needs expressed by the
community.
Local
Having headquarters in Miami -Dade County or having a place of
business located in Miami -Dade County from which the Contract or
Subcontract will be performed.
Low- and Moderate -Income
A person or family whose annual income does not exceed 80% of the
Individual or Family
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
In 24 CFR Part 570.
Very Low Income Individual
A person or family whose annual income does not exceed 50% of the
or Family
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Contract Records or
Agreement Records
Any and all books, records, documents, information, data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor In carrying out
the duties and obligations required by the terns of this contract,
Including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
Effective Term The Effective Term of this Agreement is the duration of time listed
of Agreement above as the "EFFECTIVE TERM OF AGREEMENT".
Federal Award Any federal funds received by the Awardee from any source during the
period of time In which the Awardee is performing the obligations set
forth in this contract.
OMB A-133 OMB A-133 shall mean as amended, replaced or supplemented from
time to time.
Property The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities (as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
Policies and Procedures PHCD's Policies and Procedures Manual f/k/a Contract Compliance
Manual Manual provided to Awardee and may be viewed and downloaded at
http://www/miamidade.govlhousing/community-developmentasp
Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for
Subcorisultant the purpose of performing work or functions cited on the Action Step
Format (Attachment "Al) of this contract
Subcontract Any contractual agreement between a Subcontractor and the Awardee.
Page 2
M
ll. THE AWARDEE AGREES:
A. The Awardee shall cant' out the Activities defined and set forth in Attachment A, "Scope of
Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of the
County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low and
moderate -income persons. Therefore, Awardee shall carry out the Activities in such a manner as to
satisfy a National Objective.
B. Insurance Requirements
Upon PHCD's notification, the Awardee shall fumish to the Department's Community and Housing
Management Division (CHMD), 701 N.W. 1 Court, 14t' floor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B-1(H). The
effective coverage start date of applicable insurances shall not be later than the date of the
Agreement execution and shall be approved by Miami -Dade County's Internal Services Department
prior to any reimbursement being processed. All certificates and Insurance updates must identify the
names of the Awardee and the Activity being funded through this Agreement. The Awardee shall
provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the
Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the
Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction
with this subsection remain in force for the duration of the Agreement period, including any and all
option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee
must have the coverage cited in Attachment B-1(H) of this Agreement at the time that it begins
construction on the project. If the insurance certificates are scheduled to expire during the Agreement
period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the
County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed certificates
are received by the County in the manner prescribed In the requirements; provided, however, that
this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty
(30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to
execution of the Agreement by the County and commencement of the contracted services, the
Awardee shall obtain all insurance required under this Section and submit same to. the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee,
its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions
to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The
Awardee shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the County or Its officers, employees, agents or instrumentalities may incur as a result
of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Agreement by the Awardee or its employees,
agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless
Page 3
and defend the County or its officers, employees, agents and instrumentalities as herein provided.
Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall
anything herein be construed as consent by the County to be sued by third parties in any matter
arising out of this Agreement. Nothing herein shall be construed to extend the County's liability
beyond that provided in section 768.28, Florida Statutes. The provisions of this section survive the
termination or expiration of this Agreement. For an Awardee which is a municipality, nothing herein
shall be construed to extend the Awardee's liability beyond that provided in section 768.28, Florida
Statutes.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required
to achieve the national objective of Benefit to Low and Moderate Income Persons or Households
(LMQ. (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with
this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant
to this Agreement in the event that Awardee fails to meet the national objective. In the event the
CDBG funds subject to this Agreement are to be used for the acquisition or improvement of real
property, the Awardee shall also be required to give the County a mortgage or other sercurity
instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's
designee in order to secure the loan described in this Agreement. Title work and a title insurance
policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's designee in
order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee
understands that the County may be liable to the United States Department of Housing and Urban
Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this
Agreement in the event that HUD determines that Awardee has failed to meet the national objective.
AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT
TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD
DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County
shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee
pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below and provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with
this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original certificate, as set forth in Attachment B-1(H) to be received by PHCD within
the first month of this Agreement period, and submitted with each payment request,
including any renewals, prior to payments made by the County. The effective date of the
coverage must coincide with the beginning date of this agreement.
2. Progress Reports
a. The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, including but not limited to
Attachment A and Attachment A-1.
The Awardee shall ensure that PHCD receives each report indicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under this
agreement by completing the following portions of the Progress Report Form:
Page 4
u7
T-
Section I — General Information
Section it - Financial Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income, depicting the twenty percent (20%) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section III - Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
otherwise received fifty percent (50%) and seventy percent (70%) of the
Agreement Funds, Awardee must report -- on the next progress report due and
submit documentation to show sufficient to show that Awardee has accomplished
50% and 70%, respectively, of the Activities described herein. For Awardees
engaged in construction and/or housing rehabilitation projects, Awardees shall
report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the 'Supplement") to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Section IV - Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress Report)
- The Awardee shall report to PHCD the number of business activities involving
minority vendors, including subcontractors performing work under this Agreement.
The "Contract and Subcontract Activity Report' Section in Attachment C, and when
applicable Section 3 in the same Attachment shall be completed semiannually by
the Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
Section V - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quam
Progress Report) - The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities.
'J
Page 5
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The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and thins
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County to show Awardee has performed its obligations
set forth in this Agreement and to show U.S. HUD that Awardee has met the
national objective, and its presentation shall comply with the format specified at
the time of the request. Failure to submit the Progress Reports or other Information
in a manner satisfactory to the County by the due date shall render the Awardee
in noncompliance with this Agreement. The County may require the Awardee to
forfeit its claim to payment requests or the County may invoke the termination
provision in this Agreement by giving five (5) days written notice of such action to
be taken.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution
No. 1634-93 will apply to this Agreement. This resolution requires the Awardees
to file quarterly reports as to the amount of Agreement monies received from the
County and the amounts thereof that have been paid by the Awardee directly to
Black, Hispanic and Women -Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any other
reporting requirements required by law, ordinance or administrative order.
C. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to
cant' out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by PHCD no
later than the tenth.(10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report shall
not be required if the Awardee is submitting the Progress Reports required by
Section 11, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUD that Awardee met the National Objective.
Awardee shall report all Program Income earned during the year and shall pay to the County
all Program Income earned unless directed expressly, in writing, to otherwise by the County.
4. Environmental Review - The Awardee immediately upon locating or determining a site for
each of the 'Unspecified Site" activities to be carried out pursuant to this Agreement, shall
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submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwrthstandina any orovision of this Agreement. the Parties hereto agree and acknowledge
that this Agreement does not constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by the County of a release of funds from the U.S.
Department of Housing and Urban Development under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project is conditioned on the Counys
determination to proceed with, modify or cancel the protect based on the results of a
subsequent environmental review.
5. Audit Report - The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any non-
compliance issues stated in the audit, and a written statement from the Auditor that the audit
complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133,
as may be amended from time to time, and 2 CFR Part 200.
6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies acid procedures, personnel management,
accounting policies and procedures and policies and procedures governing the federally
funded activity, etc. Such information shall be submitted to PHCD within 30 days of the
execution of this Agreement.
7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real
property purchased with CDBG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties - At the time of contract execution, or at any other
time at the request of the County, Awardee shall disclose to the County all Related or
Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership interest
in Awardee, (b) which hgyye, a parent or principal thereof which has a direct or indirect
ownership interest in Awaiffee, (c) whose members appointed by Awardee, or (d) which the
County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The
Awardee shall report this information to the County upon forming the relationship or, if
already formed, shall report it immediately. Any supplemental information shall be reported
quarterly in the required Progress Report. This provision shall be construed broadly to the
benefit of the County. Non-compliance with these requirements will be considered a default,
which may result in the immediate termination of the agreement, the recovery of the entire
funding award, and the disqualification of funding through PHCD for a period of three years.
10. Reporting on financial Status, Bankruptcy Real Property, or Personal Property — Awardee
shall notify the County in writing within ten (10) days of the occurrence of any of the following
as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties,
including properties not related to this Agreement. Awardee shall also provide the
County with a copy of all court filings, notices of default, arrearage or late payment,
or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
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d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity and pursuant to this
Agreement.
11. Disclosure of Related or Affiliated General Contractor(s) or Subcontractor(s) - At the
time of contract execution, or at any other time at the request of the County, Awardee shall
disclose to the County all Related or Affiliated General Contractor(s) or Subcontractor(s).
Related or Affiliated General Contractor(s) or Subcontractor(s) shall mean any person or
entity hired by Awardee to perform any part of this Agreement and which shares an owner,
shareholder, officer, partner, member, parent, or principal with Awardee. The Awardee shall
report this information to the County at contract execution or upon forming the relationship,
if after contract execution, any supplemental information shall be reported quarterly in the
required Progress Report. This provision shall be construed broadly to the benefit of the
County. Non-compliance with these requirements will be considered a default, which may
result in the immediate termination of the agreement, the recovery of the entire funding
award, and the disqualification of funding through PHCD for a period of three years.
12. Pursuant to the Miami -Dade Board of County Commissioners' Resolution No. R-34-15, the
Awardee, its agents and/or representatives, shall provide written notice to the County related
to the availability of rental opportunities, including, but not limited to, the number of available
units, bedroom size, and rental prices of such rental units at the start of any leasing activity,
and after issuance of certificate of occupancy. The Awardee, its agents and/or
representatives shall also provide the County with the contact information for the Awardee,
its, agents and/or representatives.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of any 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 Agreement, 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 Agreement, grant, loan, or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any 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
Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
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H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conflict of interest and
collusion. Awardees are presumed to be familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No.11246 entitled "Equal Employment Opportunity" and
as amended by Executive Order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations; the Rehabilitation Act of 1973, as amended, Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances, rules,
orders, and laws relating to people with disabilities. The Awardee will also comply with OMB
A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified
in PHCD's - Policies and Procedures Manual found at
http://wwwlmiamidade.gov/housing/community-development.asp, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be revised.
2. The Awardee agrees to abide by Chapter II -A, Code of Miami -Dade County ("County
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation on the basis of race, color, religion, ancestry, national origin, sex,
pregnancy, age, disability, marital status, familial status, gender identity, gender expression,
sexual orientation, actual or perceived status as a victim of domestic violence, dating
violence or stalking, or source of income, as amended; and applicable to non-discrimination
in employment, housing and public accommodation; and 24 CFR 570.607.
3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida
Statutes, the Miami -Dade County Code of Ordinances, and all applicable building codes,
including the Miami -Dade County Building Code and any applicable municipal building
code. Failure of Awardee or any subcontractor of Awardee to so comply with these
requirements, which includes but is not limited to engaging in construction or repairs without
proper building permits or unlicensed professionals engaging in work which requires a
license, shall cause this Agreement to be voidable by the County at the County's absolute
and sole discretion. In the event the County voids this Agreement for failure to comply with
the requirements of this section, Awardee shall forfeit any right to payment pursuant to this
Agreement, regardless of when Awardee's or the subcontractor's noncompliance becomes
known to the County.
4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of handicap and requires a minimum number of
units to be accessible to persons with disabilities; Title VI of the Civil Rights Act of 1964, as
amended, which prohibits discrimination on the basis of race, color, or national origin; the
Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of
age; Title VI I of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin;
Executive Order 11246, as amended which requires equal employment opportunity; and
With the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires
mandatory standards and policies relating to energy efficiency. The Awardee also agrees
to comply with the Domestic Violence Leave codified as 11A-60 et seq. of the Miami -Dade
County Code, which requires an employer, who in the regular course of business has fifty
(50) or more employees working in Miami -Dade County for each working day during each
of twenty (20) or more calendar work weeks to provide domestic violence leave to its
employees. Failure to comply with this local law may be grounds for voiding or terminating
this Agreement or for commencement of debarment proceedings against the Awardee.
5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess
of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations,
issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C.A. Ch. 85) as
amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section
508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations;
and Executive Order 11738.
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6. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
PHCD within the term of this Agreement or the Affordability Period.
7. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the
required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions pertaining
to employment, provisions and program services, transportation, communications, access
to facilities, renovations, and new construction.
8. Affirmative Action/Non-Discrimination of Employment, Promotion and Procurement
Practices (Ordinance #98-30) - All firms with annual gross revenues in excess of $5 million,
seeking to contract with Miami -Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the Regulatory and Economic
Resources Department. Said firms must also submit, as a part of their proposalsibids to be
filed with the Cleric of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement and must submit, in
writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each
board member, to the County's Regulatory and Economic Resources Department. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed with the Cleric
of the Board, an appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the
entities do not discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual revenues
to determine the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Miami -Dade Board
of County Commissioners.
9. Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the Miami -
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10. Code of Business Ethics - In accordance with Section 2-8.1(1) of the Code of Miami -Dade
County each person or entity that seeks to do business with Miami -Dade County shall adopt
a Code of Business Ethics CCode") and shall submit an affidavit stating that the Awardee
has adopted a Code that complies with the requirements of Section 2-8.1(i) of the Miami -
Dade County Code (Form A-12). Section 2-11.1(d) of Miami -Dade County Code as
amended by Ordinance 00-1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County from competing
or applying for any such contract as it pertains to this solicitation, must first request a conflict
of interest opinion from the County's Ethic Commission prior to their or their immediate
family member's entering into any contract or transacting any business through a firm,
corporation, partnership or business entity in which the employee or any member of the
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employee's immediate family has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County and that any
such contract, agreement or business engagement entered in violation of this subsection,
as amended, shall render this Agreement voidable. For additional information, please
contact the Ethics Commission hotline at (305) 579-9093.
11. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a Awardee,
supplier, subcontractor, or consultant under a contract with any public entity; and, may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. The Awardee warrants and represents
that it has not been placed on the convicted vendor list The Awardee agrees that should
Miami -Dade County discover that the Awardee's representations regarding the list are false,
this Agreement shall be terminated on the discretion of Miami -Dade County. Further, should
the Awardee be placed on the list at any time during this Agreement Miami -Dade County
shall have the right to terminate this agreement
12. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shall disclose this information prior
to entering into a contract with or receiving funding from the County.' Failure of the Awardee
to disclose this information as required may lead to the termination of this agreement by
Miami -Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami -Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related -Party Disclosure Information
5. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I,
Employment; .Title 11, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
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3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;'
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee agrees to comply with all the
provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570,Subpart K (24 CFR 570.600
— 570.614), including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive
Order 11063.
Section 109 of the Housing and Community Development Act (24 CFR 6)
Labor standards (24 CFR 570.603; 29 CFR Part 5).
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead -based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
13. CDBG-Related Requirements
1. National. Objective - Awardee must perform the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low-
andmoderate-income persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with CDBG
funds is an activity which provides benefit to low- and moderate -income persons,
as defined in the CDBG Regulations.
2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein. If the Awardee is a primarily religious entity, it shall
comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidibolacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immediately after
a site is identified by the Awardee, PHCD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
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committees and citizen participation structures, upon the request of the citizen
participation officers, PHCD, or the County.
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with PHCD in
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures, upon
the request of the citizen participation officers, PHCD, or the County.
7. For activities involving acquisition, rehabilitation and/or demolition of property and
which require the relocation of families, individuals, businesses and/or industries,
the Awardee shall submit a written notification to the Community Planning and
Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any
and all legal -occupants who reside at this property on the basis of a long or short
term lease. When the legality of an occupant (individual, family, business, and/or
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receiving CDBG funds shall adhere to 24
CFR part 50 and/or part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The
Awardee shall adopt Affirmative Marketing Procedures and requirements for
CDBG assisted projects. These procedures must consist of actions to provide
information and attract eligible persons from all racial, ethnic and gender groups
to the available services. The Awardee shall annually assess its affirmative
marketing program to determine if the procedures used to comply with the
requirements specified in Public Law 88-352 and Public Law 90-284 successfully
meet these requirements. The Awardee shall submit to PHCD its Affirmative
Marketing Plan no later than 60 days from the date this Agreement is executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this section
will apply throughout the regulatory period identified in the national objective.
Throughout that period, the Awardee will be required to submit an annual report
regarding their compliance with the national objective, and PHCD will have the
right to monitor the activity.
9. In the event the CDBG funds subject to this Agreement are to be used for the
acquisition or improvement of real property, the Awardee shall also be required to
give the County a mortgage or other sercurity instrument to be determined at the
absolute and sole discretion of the County Mayor or Mayor's designee in order to
secure the loan described in this Agreement.
10. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
11. For Special Economic Development projects, Awardee is reponsible for
understanding 24 CFR 570.209, which describes HUD's underwriting and project
anlaysis requirements. These requirements include, but are not limited to, the
analysis of Awardee's financing gap or rate of return gap, project feasibility, and
the reasonableness of costs and Awardee's or owner's equity return. Awardee
agrees to defer to the County's analysis of the Activity as conducted in compliance
with the CDBG Regulations, including but not limited to 24 CFR 570.209, including
Appendix A, as well as OMB guidance on using federal funds. Awardee
understands that in the event that the Activity fails the analysis conducted pursuant
to 24 CFR 570.209, Awardee shall have the opportunity to renegotiate this
Agreement by modifying the Activity to improve the Activity to the County's
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satisfaction or to terminate this Agreement with each party paying their own costs,
fees and damages (as applicable).
If Awardee is a municipality, the Awardee acknowledges that the County will
perform an underwriting and project analysis to determine the financing gap or rate
of return gap, project feasibility, and the reasonableness of costs and Awardee's
or owner's equity return. Awardee agrees to defer to the County's analysis.
Awardee shall have the opportunity to renegotiate this Agreement by modifying the
Activity to improve the Activity to the County's satisfaction or to terminate this
Agreement with each party paying its own costs and fees (as applicable).
Conflicts with Applicable Laws
. rl.'-
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this Agreement, as modified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J.. Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement, prior
to taking any action, to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre -award requirements and procedures
which, at a minimum, shall adhere to all applicable federal standards.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.);
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 Et Seq.); and Lead -Based
Paint Poisoning Prevention Act as amended on September 15, 1999; and other related
acts, as applicable.
4. Ensure that its contractors and subcontractors are classifying workers properly for Davis -
Bacon and Internal Revenue Code purposes and that they maintain proper documentation
to support worker classification. In reviewing certified payrolls, the County will be alert to
anomalies, and in such cases will consult with federal agencies such as the Internal
Revenue Service, the Department of Labor and the Department of Housing and Urban
Development.
5. Ensure that all contractors and subcontractors submit all certiied payrolls as required by the
Davis Bacon Act to PHCD through Elations software or any other method as required by
PHCD.
6. Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
7. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation.
Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre -construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is determined
by PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At the time that
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the construction work is determined by PHCD to be seventy-five percent complete, the
retainer will be reduced to 5% until the work is completed, Completion shall occur when a
Certificate of Occupancy is issued.
8.Courit� shall have the right to insert itself as construction manager and assign
professional Staff and Technical Assistance from the Public Housing and Community
Development to assist the project if the County's staff determines that the Awarded has
been unable to consistently achieve the work and units described within the time frames of
the action step format of this agreement. Such involvement may result in a reduction of a
maximum of 5% of the Agreement's award to cover the cost of the technical assistance.
The Awardee shall cooperate and comply with all requests made by such staff.
9. Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this Agreement:
a. Promissory Note
b. Mortgage
C. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
10. Comply with County Resoltuion No. R-346-15, establishing that the Maximum Development
Cost per Unit (as defined below) to construct, rehabilitate or acquire Affordable Housing
with these funds shall be $225,000.00, except for construction of High -Rise projects for
which the Maximum Development Cost per Unit shall be $250,000.00. "High -Rise" shall
mean Affordable Housing structures which are seven or more stories in' height. This
Maximum Development Cost per Unit shall apply to projects constructed, rehabilitated or
acquired by the County or by private or public entities using County funds, including, but not
limited to, Community Development Block Grant, Home Investment Partnership, State
Housing Initiative Program, Documentary Surtax, Building Better Communities General
Obligation Bond, or general revenue funds. The "Maximum Development Cost per Unit"
means the Total Development Cost, as defined herein, looking at all funding sources and
not just County funds, divided by the total number of units. For the purposes of determining
the Maximum Development Cost per Unit on construction or rehabilitation projects, the
"Total Development Cost=' shall mean the total cost of completing the entire project, from
acquisition to the issuance of Certificate of Occupancy, including, but not limited to, the
costs for design, planning, zoning, variances, financing costs, legal costs, construction, and
permitting. For construction and rehabilitation projects, the cost of land acquisition shall be
deducted from the Total Development Cost. In addition, construction costs associated with
non -housing features included in a project or those not deemed by PHCD to be amenities
expected of, typically provided with or appurtenant to affordable housing units, may be
deducted from the Total Development Cost by the Mayor or Mayor's designee.
11. Awardee shall comply or provide the County with bonds sufficient for the County to comply
with Florida Statutes, Section 255.05.
12. Art in Public Places: Developmenttconstruction projects on County land are subject to the
Art in Public Places ("AIPP") provisions in Section 2.4.:15 of the Miami -Dade County Code,
Administrative Order 3-11, and the Dade County Guide to AIPP. This includes all
improvements that are built on County land under long-term leases or other long-term
agreements, even if privately financed and privately owned during the term of the lease.
The Awardee shall transmit 1.5% of all construction costs (as defined by the AIPP Program)
to the Miami -Dade County Department of Cultural Affairs for the implementation of the AIPP
program and the contract(s) with the artist(s) for the improvements to the Project shall be
between the artist(s) and the AIPP Trust, and the contractor, as applicable, in accordance
with the AIPP Program. The County will work collaboratively with the Awardee on the
implementation of the AIPP program pursuant to the requirements of said program. This
sum shall be included in the Awardee's Projected Hard Costs.
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L. Audits and Records
1. Nonprofit organizations that expend $750,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit
organizations expending federal awards of $750,000 or more under only one federal
program may elect to have a program -specific audit performed, in accordance with OMB A-
133. Awardees who will be receiving, or who have received, federal awards for loans or
loan guaranteed programs may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans.
2. Nonprofit and for profit entities that expend less than $750,000 annually in federal
awards shall be exempt from an audit conducted in accordance with OMB A-133, although
their records must be available for review (e.g., inspections, evaluations). Such agencies
that receive less than $750,000 in federal funds, but more than $25,000, in combined
Federal awards must submit to the County annual compilation reports that describe their
performance. To achieve uniformity regarding the reporting format, such documents must
comply with the accounting industry standards by communicating an independent
accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result
of performing inquiry and analytic procedures (Review Report); (2) results of procedures
performed (Agreed -Upon Procedures Report); (3) non -expression of opinion or any form of
assurance on a presentation in the form of financial statements information that is the
representation of management (Compilation Report); or (4) an opinion on an assertion
made by management in accordance with the Statements on Standards for Attestation
Engagements (Attestation Report). For nonprofit entities receiving less than $25,000 in
federal funds, the agency must submit their annual IRS Form 990.
3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all program
generated income and its disposition, especially attributable to CDBG funds, an internal
control review, and a compliance review as described in OMB A-133. A copy of the audit
report in triplicate must be received by PHCD no later than six mo"lths following the end of
the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted period
until all the assistance received from this Agreement has been reported on. Each audit shall
adhere to all other audit standards of OMB A-133, as these may be limited to cover only
those services undertaken pursuant to the terms of this Agreement. A copy of the audit
report in triplicate must be received by PHCD no later than six months following each audit
period
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by the County pursuant
to the terns of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement and in
accordance with 24 CFR 570.506; 570.503.
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8.. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such services
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are described in this Agreement and defined by PHCD, each of the record -keeping and
audit requirements detailed in this Agreement. PHCD shall, in its sole discretion, determine
when services are eligible substantive programmatic services and subject to the audit and
record -keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's expense.
The Awardee shall provide access to all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration of the Agreement. The Awardee agrees to provide
such assistance as may be necessary to facilitate the review or audit by the County to
ensure compliance with applicable accounting and financial standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission
Auditor to all financial and performance related records, property, and equipment purchased
in whole or in part with government funds. The Award6d agrees to maintain an accounting
system that provides accounting records that are supported with adequate documentation,
and adequate procedures for determining the allow ability and allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami -Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic transfer standards including but not limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non -permitted disclosures;
3. Reporting to Miami -Dade County of any non -permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Contractor and reasonable assurances that IIHI/PHI
will be held confidential;
5. Making Protected Health Information (PHI) available to the customer,
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami -Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PHI available to Miami -
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Contractor must give its customers written notice of
its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least seven (7) years
following the final Close -Out of the Activity/Project (hereinafter referred to as "Retention
Period") subject to the limitations set forth below. The final Close -Out of the Activity/Project
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is the date when PHCD provides written notification of such. Under no circumstances shall
Awardee dispose of any Contract Records prior to Awardee providing the County sufficient
documentation to show that the HOME Regulations were fully complied with in Awardee's
performance of "its obligations under this Agreement and has received confirmation from
PHCD that the Activity/Project has been finally Closed -Out in the U.S. HUD IDIS system.
Upon Awardee's request in writing for confirmation of said final Close -Out, PHCD shall
provide Awardee in writing either confirmation of final Close -Out or a list of documentation
required in order to proceed toward final Close -Out.
2. If the County or the Awardee have received or given notice of any kind indicating. any
threatened or pending litigation, claim or audit arising out of the services provided pursuant
to the terms of this Agreement, the Retention Period shall -be extended until such time as
the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of
PHCD, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and
after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Rep
gfds and Proprietary Rights and Information
The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use. PHCD shall have unlimited rights to all books, articles, or other copyrightable materials
developed for the purpose of this Agreement. These unlimited rights shall include the rights
to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, the information for public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami -Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer programs, data compilations, or other software which the County has
developed, has used or is using, is holding for use, or which are otherwise in the possession
of the County (hereinafter "Computer Software"). All thirdVh ty license agreements must
also be honored by the Awardees and their employees, except as authorized by the County
and, if the Computer Software has been leased or purchased by the County, all hired party
license agreements must also be honored by the Awardees' employees with the approval
of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications,
personal computers and any and all information technology software.
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The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information technology software and hardware. and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
;Woval.
4. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
and/or created by the Awardee for delivery to the County, even if unfinished or in
process, as a result of the Services the Awardee performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Awardee shall
not, without the prior written consent of the County, use such documentation on any
other project in which the Awardee or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Awardee to
meet official regulatory requirements or for other purposes in connection with the
performance of Services under this Agreement shall not be construed as publication in
derogation of the County's copyrights or other proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the. Awardee nor its employees; agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee,
or any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants; and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any'other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the County
or entities controlling, controlled by, under common control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with
the County. Such license specifically includes, but is not limited to, the right of the
County to use and/or disclose, in whole or in part, the technical documentation and
Licensed Software, including source code provided hereunder, to any person or entity
outside the County for such person's or entity's use in furnishing any and/or all of the
Deliverables provided hereunder exclusively for the County or entities controlling,
controlled by, under common control with, or affiliated with the County, or organizations
which may hereafter be formed by or become affiliated with the County. No such
License Software, specifications, data, documentation or related information shall be
deemed to have been given in confidence and any statement or legend to the contrary
shall be void and of no effect.
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5. Public Records Law
a. Awardee acknowledges that the County is subject to Chapter 119 of the Florida Statutes,
known as the "Public Records Law". As such, items considered to be public records under
the Public Records Law related to this Agreement shall be disclosed by the County upon a
public records request in accordance with law.
b. IF THE AWARDEE HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE AWARDEE'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE PHCD CUSTODIAN OF PUBLIC RECORDS AT 786-
469-4232, Jacqueline.Dana@miamidade.gov, 701 NW 1st Court, 16th
Floor, Miami, FL 33136.
C. Many agencies contracting for CDBG funds are not considered "contractors" as defined in
Florida Statutes, Section 119.0701. However, where Awardee is a "contractor," as defined
in Florida Statutes, Section 119.0701, meaning that Awardee has entered into a contract
for services with the County and is acting on behalf of the County as provided under Florida
Statutes, Section 119.011(2), the following shall apply:
d. Contractor shall comply with the Florida public records law, specifically to:
Keep and maintain public records required by the County to perform the service.
ii. Upon request from the County's custodian of public records, provide the County
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.
iii. 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 County.
iv. Upon completion of the Agreement, transfer, at no cost, to the County all public
records in possession of the contractor or keep and maintain public records
required by the County to perform the service. If the contractor transfers all public
records to the County upon completion of the Agreement, the contractor shall
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 Agreement, the contractor shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of public records, in a format that is compatible with the information
technology systems of the County.
e. A request to inspector copy public records relating to this Agreement for services must be made
directly to the County. If the County does not possess the requested records, the County shall
immediately notify the contractor of the request, and the contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If a contractor does not comply with the County's request for records, the County shall
enforce these requirements in accordance with the Agreement.
ii. A contractor who fails to provide the public records to the County within a reasonable time
may be subject to penalties under Florida Statutes, Section 119.10.
f. The contractor shall be liable in any civil action brought due to contractor's violation of Florida's
public records laws, and shall indemnify the County as described in this Agreement.
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P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties.The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and
all other Agreements executed by the Awardee in connection with the performance of the Agreement.
Miami -Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami -Dade County, as amended, Miami -Dade County
has established the Office of the Inspector General which may, on a random basis;-perfbim audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f)
concessions and other rental agreements; (g) Insurance contracts; (h) revenue -generating contracts;
(1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0)
professional service agreements under $1,000; (k) management agreements; (1) small purchase
orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local
government -funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami -
Dade County Board of County Commissioners may authorize the Inclusion of the fee assessment of
one quarter (1/4) of one percent in any exempted contract at the time of award.
Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report concerning
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days priorwritten notice to the Awardee from the Inspector General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project -
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's
prices and any changes thereto approved by the County, be inclusive of any charges relating to these
IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents,
employees, subcontractors and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
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performance of the Awardee in connection with this Agreement. The terms of this Article shall not
impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (30) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. TheMclition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the approved
budget.
5. The disposition of all real, expendable personal, and nonexpendable personal property as
defined in Section 11, Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget
7. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section il, Paragraph K of this Agreement.
8. The disposal of all Agreement records as provided for in Section 11, Paragraph N of this
Agreement.
9. in the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
AgreemeRrds, facilities, equipment, materials, and services of the Awardee which are in any
way connde6d to the activities undertaken pursuant to the -terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will determine,
in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the
Awardee must, despite the justification, rectify the deficiencies cited by PHCD in its report.
S. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570.611, all as may be amended from time to time, with respect to conflicts
of interest, and covenants that it presently has no financial interest and shall not acquire any financial
interest, direct or indirect, which would conflict in any manner or degree with the performance of
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services requried under this Agreement. The Awardee further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or retained by the
Awardee hereunder. These conflict of interest provisions apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the County, or of any designated
public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.
The Awardee certifies and represents that no officer, director, employee, agent, or other consultant
of the County or a member of the immediate family or household of the aforesaid has directly or
indirectly received or been promised any form of benefit, payment or compensation, whether tangible
or intangible, in connection with the grant of this Agreement.
The Awardee. shall abide and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of y
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties.of any party
that are covered by the above standards. The Awardee shall make such djscipstire in writing to PHCD
immediately upon the Awardee's discovery of such possible conflict. PH will then render an
opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, includinig Related or
Affiliated General Contractor(s) or Subcontractor(s), list of current Board members, and list of all
business associations with the following documents:
➢ Original Agreement or its subsequent amendments.
➢ Requests for budget revisions.
Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of government), or a member of the immediate family or
household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee sWV have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is
in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
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respect to conflict of interest In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Awardee shall promptly bring such information to the
attention of the County's Project Manager. Awardee shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Left Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD for the support of all contracted activities. This is to include, but is not limited
to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures,
news releases, media packages, promotions, and stationery. The use of the official County logo is
permissible. The Awardee shall ensure that all media representatives, when inquiring about the
activities funded by this Agreement, are informed that the County and US HUD are the funding
sources. The Awardee shall notify the County of all events and activities involving the Project ten
(10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami -Dade County Internal Services
Department (ISD). Within thirty (30) days of the erection of the sign, the CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for fumishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below-
1 . The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(Section
3). The purpose of Section 3 is to ensure that employment and other economic
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opportunities generated by HUD assistance or 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.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the Awardee'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.
4. The Awardee 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
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and ,AW
(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 Awardee's
obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. 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 Agreement. 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 Agreement 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).
Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject to
and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded
a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
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All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its.discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
C. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
-- 2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either.
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD in its sole and absolute
discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement or
such longer period as determined by PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed
of, at the expiration or termination of this Agreement, in accordance with
instructions from PHCD.
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C. All real property purchased or improved In whole or in part with funds from this and
previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, shall be listed in the property
records of the Awardee and shall include a legal description; size; date of
acquisition; value at time of acquisition; -present market value; present condition;
address or location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating whether property is
in parcels, lots, or blocks and showing adjacent streets and roads. The property
records shall describe the programmatic purpose for which the property was
acquired and identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the programmatic purpose for which the
improvements were made and identify the CDBG national objective that will be
met.
d. For awards involving the purchase or improvement of real property, the Awardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
.;. CDBG award with PHCD within 180 days after the execution of this agreement
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shall be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event Awardee
fails to meet a national objective.
3. Inventory - Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year, (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon acquiring any capital items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with 'PHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number, date of acquisition; funding
source; unit cost at the time of acquisition; present market value; property inventory
number; information on its condition; and information on transfer, replacement, or
disposition of the property.
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b. All nonexpendable personal property purchased or improved In whole or in part
with funds from this and previous Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD_ The
inventory report shall include the elements listed in Paragraph W.3.a., above.
C. Title (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property purchased
or improved in whole or in part with funds given to the Awardee or subcontractor pursuant
to the terms of this Agreement. The Awardee shall dispose of all such property in
accordance with instructions from PHCD. Those instructions may require the return of all
such property to PHCD.
X. Program Income
1. Program Income as defined in 24 CFR Part 570.500 (a) means gross income received by
the Awardee directly generated from activities supported by CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
a. The Awardee shall report to PHCD all cumulative Program Income generated from
activities financed in whole or in part by funds from this Agreement, for as long as
it receives and/or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the aenerated Proaram Income to PHCD with each reimbursement request and
quarterly as part of the Fiscal Section of the Awardee's Progress Report as
outlined in Section II, Paragraph F.2.a.
The awardee will submit the Calculation of Progam Income form Attachment " L "
with every reimbursement request.
b. The Awardee's use of Program Income shall be for the same activities described
in this Agreement and subject to the limitations set forth in this Agreement and as
set forth in the CDBG regulations, 24 CFR Part 570.504. Awardee acknowledges
that the CDBG Regulations require that Awardee spend Program Income before
further CDBG funds are drawn down., Awardee agrees that Awardee shall expend
the Program Income funds prior to seeking payment of CDBG funds from the
County. Twenty percent (20%) of the Program Income Awardee makes, retains or
receives shall be paid to the County on a, quarterly basis and reported in Awardee's
quarterly Progress Report. At the conclusion of the contract period or upon
termination of this Contract, Awardee shall immediately pay/return all Contract
funds and Program Income to the County.
C. Should Awardee be granted permission to use Program Income from a revolving
loan activity, Program Income must be used only for the same revolving loan
activity.
d. All Program Income from a revolving loan activity, such as loan repayments,
interest earned, late fees, and investment income, shall be substantially disbursed
to eligible loans, loan -related programmatic costs, and operational costs for the
same revolving loan activity before the Awardee may request additional CDBG
funds for that activity.
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e. All Program Income from activities other than a revolving loan activity shall be
substantially disbursed to carry out other PHCD-approved CDBG eligible activities,
and to cover operational costs before requesting additional CDBG funds.
Any proceeds from the sale of property as detailed in Section 11, Paragraph WA.,
above, shall be considered Program Income.
g. The Awardee shall obtain, as part of the required.audit report, validation by a
cr certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any Program
Income accounts receivable to any CDBG funded activities. PHCD may require remittance
of all or part of any Program Income balances (including investments thereof).
4. PHCD, in its sole and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion
of the work without the prior written consent of the County. Subcontracting without the prior
consent of the County may result in termination of the Agreement for breach. When
Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93,
Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at httas://www.sam.gov/ Awardee shall
provide to PHCD a copy of the site page that indicates the name and the date it
was checked. Awardee shall further ensure that no contractor, subcontractor, or
assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee
shall, at a minimum, check at htto://www.miamidade.gov/smallbusiness/business-
development-reports.asp to determine if a person or entity is on Miami -Dade
County's debarred contractor's list. Awardee shall provide PHCD with a printout
copy of the site page that indicates the name and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD's Policies and Procedures Manual.
C. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or PHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic service, as may be defined by
PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine
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when services are eligible substantive programmatic services and subject to the
audit and record -keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, competitive bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract
The Awardee agrees that no assignment or sub -contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub -contractors or
assignees shall be govemed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the subcontractor.
The Awardee shall maintain, and shall require that its subcontractors and suppliers
maintain, complete and accurate records to substantiate compliance with the
requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services fumished under this Agreement for a period of three (3),,,
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities toy, subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to cant' out any substantive programmatic activities as may be
determined by PHCD as described in this Agreement PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to receive
benefits or payments resulting from this Agreement
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Awardee shall provide the names of the
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
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The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
10. Where an Awardee intends to use a Related or Affiliated General Contractor or
Subcontractor, as defined herein, PHCD will require a third party non-affiliated professional
in the same field as the Related or Affiliated General Contractor or Subcontractor, to be
selected by PHCD, to review cost estimates and evaluate whether or not such estimates
are less than costs that may be incurred by use of non -related or non-affiliated entities. The
costs of this third -party review will be paid by the Awardee, however, said costs may be an
eligible cost to be paid from the Contract funds.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding receivedfany activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided
below only when the Awardee submits to PHCD adequate proof, as determined by PHCD
in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and furnish copies of those documents to PHCD. The
Awardee shall be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, copies of front and back of
cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alll
subcontractorsand suppliers, and all final approved-permitsptfor payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request_ for payment
is submitted to PHCD.
3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the action
step chart in the scope of services. Payment is contingent on the achievement by the
Awardee of the quarterly accomplishment levels identified in the scope of services portion
of this agreement — Attachment A, which shall be submitted with all payment requests and
shall clearly identify the completed level of accomplishments met. This shall also apply to
soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) calendar days after the expiration or termination of this Agreement If the
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Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its sole discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with. PHCD's Policies and
Procedures Manual.
8. Any unexpended funds remaining after the completion of the services under this Agreement,
or after termination of this Agreement, shall be recaptured in full by the County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded under
this Agreement, Awardee agrees to and shall assign any proceeds to the County from any
Agreement between the County, its agencies or instrumentalities and the Awardee or any
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership or other business entity.
10. For special economic development projects: Notwithstanding any other provision herein,
payments to Awardee shall be restricted in the following manner payment by the County of
expenditures contained within Attachment B, "Budget," to this Agreement shall be on a pro
rata basis in accordance with the level of development progress and percentage of
construction completed by Awardee using funds from Awardee's equity contribution toward
the project.
CC. Reversion of Assets
The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall
not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be
used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used fo religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
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III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed the appropriated amount as stated on page 1 of this
contract.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1. This Agreement shall begin on the effective start date as stated on page 1 of this contract .
Any costs incurred by the Awardee prior to this date will not be reimbursed by the County.
2. This Agreement shall expire on the end date as stated on page 1 of this contract. Any costs
incurred by the Awardee beyond this date will not be reimbursed by the County. The term
of this agreement and the provisions herein may be extended by the County to cover any
addiitonal time period during which the Awardee remains In control of the CDB.% funds or
other assests, including Program Income to support CDBG eligible activites. Any extension
made pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section 11, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated.
4. Management Evaluation and Performance Review
The Department may conduct a formal management evaluation and performance review of
the Awardee, if in the Department's sole discretion it is deemed necessary and applicable.
The management evaluation shall reflect the Awardee's compliance with generally accepted
fiscal and organizational standards and practices. The performance review should reflect
the quality of service provided and the value received using monitoring data, such as
progress reports, site visits, and client surveys.
B. Default or Breach
1. The Awardee shall be in default or breach of this Agreement if any of the following acts,
omissions or conditions occur.
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement, including but not
limited to failure to meet the National Objective, as determined by the County and
U.S. HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requded herein.
C. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Refaced or Affiliated Party, or a"nst
Awardee or Related or Affiliated Party which the County determines, in its sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
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f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
L Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date thereof,
at least ten (10) days before the effective date of suspension. If payments are suspended,
the County shall specify in writing the actions that must be taken by the Awardee as
conditions precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such suspension,
including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and
absolute discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of its
subcontractors;
b. Failure by the Awardee to materially comply with any tern or provision of this
Agreement;
C. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
e. Failure of Awardee to maintain regular business hours if providing services to low
to moderate incoome residents and or businesses.
f. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include the
reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
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D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than teWED
)
working days notice when PHCD determines that It would be in the best interest of-
and the County. Said notice shall be delivered by certified mail, return receipt requested,
or in person with proof of delivery. In the event of termination, the County may: (a) request
the return of all finished or unfinished documents, data studies, surveys, drawings, maps,
models, photographs, reports prepared, and capital equipment secured by the Awardee
with County funds under this Agreement; (b) seek reimbursement of County funds allocated
to the Awardee under this Agreement; and/or (c) terminate or cancel any other Agreements
entered into between the County and the Awardee. The Awardee shall be responsible for
its own direct and indirect costs associated with such termination, including attorneys fees.
2. Termination for Convenience
PHCD may terminate this Agreement, 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.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
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 Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever
is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of the request on the community and the County
prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any term
or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
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liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion
of the property of the Awardee under federal bankruptcy law or any state insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement 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 Agreement 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
Agreement. The provisions herein do not limit the County's right to legal or equitable
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limited to, taking over the performance of the Services or any part thereof
either by itself or through others.
In the event the County shall terminate this Agreement for default or breach, the County or
its designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud, Misrepresentation, Material Misstatement, or Criminal Conviction
In accordance with the Code of Miami -Dade County, Section 2-8.4.1, and other County
policies, if Awardee or any individual, corporation, firm, partnership, joint venture or other
business entity in which Awardee or its principals has a Controlling Financial Interest
attempts to meet its contractual obligations with the County under this Agreement or any
other County agreement or County program through fraud, misrepresentation or material
misstatement, or is convicted of fraud, bribery or any other corrupt or criminal act in
connection with any County program or County agreement, the County shall have the sole
and absolute discretion to terminate this Agreement and may terminate or cancel any other
agreements which Awardee or such individual, corporation, firm, partnership, joint venture
or other business entity in which Awardee or its principals has a Controlling Financial
Interest has with the County. Such individual or entity shall be responsible for its own direct
and indirect costs associated with such termination or cancellation, including attomey's
fees. The foregoing notwithstanding, any individual, corporation, firm, partnership, joint
venture or other business 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. For the purposes of this section, "controlling
financial interest" shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
b. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
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performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a court
of appropriate jurisdiction. The Awardee shall be responsible for its own direct and indirect
costs associated with such enforcement, including attorney's fees.
`i
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the Agreement, and the
County may withhold any payments to the Awardee until such time as the exact amount of damages
due the County is determined. The County may also pursue any remedies available at law or equity
to compensate for any damages sustained by the breach.
Payment Settlement. if termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
`Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's
obligations under this Agreement and specifically exclude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated intD.*s A070ement PHCD shall be the
sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an
audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost
developer fees or lost profits.
E-1. Limitation of Liability and Limitation of Remedies
Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost
to Awardee, and that these CDBG funds are for the purpose of providing a benefit to the community
health and welfare.
Therefore, notwithstanding any other provision herein, the Parties agree to the following limitations
on liabilities for any and all claims of any kind arising from or in connection with performance or
breach of this Agreement, which limitations shall apply equally to both Parries:
1. Both Parties' cumulative liability for damages, if any, is limited to the amount of the CDBG
funds set forth in Section III, above.
2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost
developer fees.
3. Each party shall bear its own attorney's fees and costs.
4. Neither party shall be liable for costs incurred by the other party prior to the execution of this
Agreement.
F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and signed
by duly authorized representatives of each party, which for the County is the County Mayor
or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines,
in its sole and absolute discretion federal, state, and/or County revisions of any
applicable laws or regulations, or lift,
ses or decreases in budget allocations make
changes in this Agreement necessary. PHCD shall be the final authority in determining
whether or not funds for this Agreement are available due to federal, state and/or County
revisions of any applicable laws or regulations, or increases in budget allocations.
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2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayor's
designee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and
signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to be
a modification of this Agreement.
4. The County's failure to exercise any of its rights under this Agreement, or the County's
waiver of a provision on any one occasion, shall not constitute a waiver of such rights or
provision on any other occasion. No failure or delay by the County in the exercise of any
right shall operate as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with
PHCD's Policies and Procedures Manual. All budget revisions shall require an amendment
of this Agreement, which the County shall have no obligation to execute. The County shall
not be obligated to make payments for expenditures incurred prior to the approval of the
budget revision related to such expenditures.
Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by PHCD no later than five (5) working days
of the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to submit a revised
budget reflecting funding adjustments. Should the modified budget not be received within
the specified time, The County will revise the budget at its discretion. The County in its sole
and absolute discretion will determine whether substantial reductions will necessitate
revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope
of Services, when required, will be negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
The County shall have the right to inspect, monitor, and inquire of Awardee, at the sole and absolute
discretion of the County, remain in effect during any period that the Awardee is obligated to complete
a National Objective or has control over Agreement funds, including Program Income, in order to
ensure compliance with the CDBG Regulations. However, the County shall have no obligation or
responsibility to make any payment or provide any type of assistance or support to the Awardee if
this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing, duly approved and signed by both parties and
attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
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I. Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
County Mayor for determination. The County Mayor, or an authorized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period
that additional time is necessary. The Awardee agrees that it shall not bring any legal action or
against the County until thirty (30) days from the County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute
arising under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal
courts located in Miami -Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE: City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Steven Alexander, City Manager
COPY TO:
Attn:
TO COUNTY: Miami -Dade County
111 N. W. 1 st Street
Miami, Florida 33128
Attn: Maurice L. Kemp, Deputy Mayor
COPY TO: Public Housing and Community Development
701 NW 1st Court, 14th Floor
Miami, FL 33136
Attn: Michael Liu, Director
COPY TO: Public Housing and Community Development
701 NW 1st Court, 141" Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
COPY TO: Assistant County Attorney
County Attorney's Office
111 N. W. 1 st Street, Suite 2810
Miami, Florida 33128
_+e, Attn: Brenda Kuhns Neuman, Esquire
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Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of this Agreement, the affected Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
N. WAIVER OF JURY TRIAL
NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE
RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY
ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE,
SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL
IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE
BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE
RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM.
NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK
TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE
PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES
HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO
PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT
THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.
0. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that many of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated
to meet a National Objective or has control over CDBG funds as well as the County's right to inspect
and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the
term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee
and the County under this agreement, which by nature would continue beyond the termination,
cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shal.1--W_in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servant of the County. All
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persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole direction, supervision and control. The
Awardee shall exercise control over the means and manner in which it and its employees perform
the work, and In all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of the
County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement or
representation other than specifically provided for in this Agreement.
S. All Terns and Conditions Included
This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment
Al — Action Steps; Attachment B - Budget; Attachment B-1(H) Idemnification and Insurance
Requirements; Attachment B-2 — CDBG Program Requirements (Housing Only); Attachment C -
Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure
& Progress Report; Attachment D - Information for Environmental Review; Attachment E —
Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage;
Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor/Supplier Listing) contain
all the terms and conditions agreed upon by the parties; Attachment I — Agreement to Authorize
Examination of Records and Adhere to Records Retention Requirements; Attachment J — Calculation
for Use of Program Income from CDBG Activities (Micro -Lenders Only). No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the
parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements governing
this development, the terms, provisions and definitions included in this Agreement shall prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's
true "gap" financing needs to be less than the maximum award allocated by the Board of County
Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in this
Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additional
funding for the same Project, as described in this Agreement, a separate Agreement or amendment
to this Agreement must be negotiated and executed between Awardee and the County Mayor or
Mayor's designee. Any differences between the terms and conditions set forth in this Agreement and
the subsequent funding award shall require a negotiation between the Parties in order to resolve
those differences. Awardee understands and acknowledges that changes to the Project or Activities
described in this Agreement may not be accomplished by applying for and being awarded
subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC
funding fom" additional phase of the same Project, a separate agreement must be negotiated and
executed between the Parties. Under no circumstances shall Awardee assert that a subsequent
application for and award of funds for the same project constitutes and amendment of this
Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, Including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement,
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which by nature would continue beyond the termination, cancellation or expiration thereof, shall
survive termination, cancellation or expiration hereof.
W. Corporate Governance
A Not -for -Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0836 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For -Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
X. Miami -Dade County Implementing Order. 10 4-132 will apply to this Agreement. This Implementing
Order requires the Countv to charge Awardee aDalicable fees as outlined below:
PUBLIC HOUSING AND COMMUNITY
DEVELOPMENT SERVICE RATE
SCHEDULE
Fee Name
Pro osed Fee FY 2018 —19
Fee Due
Construction Inspection Fee
$1,500.00
At Loan Closing
Contract Extension/Modification Fee
(Multi -Family Development Loans
Only)
$2,500.00
At Time of Request for
Extension
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IN WITNESS THEREOF, the parties hereto have caused this contract to be executed'by their undersigned officials as duly
authorized, this day of 2019.
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY: BY:
NAME:
TITLE:
DATE:
BY:
NAME:
TITLE:
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number. 69-6000431
Resolution #: R-814-18
Awardee's Fiscal Year Ending Date: September 30th
CORPORATE SEAL
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NAME: Carlos A. Gimenez-
TITLE: Mayor
DATE:
ATTEST
BY:
TITLE: Clerk. Board of Countv Commissioners
DATE:
ATTACHMENT A -
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT MIA MW
FY 2018 Scope of Services
October
1, 2018 through September 30, 2020
City of South Miami- Marshall Williamson Park
1.
- ACTIVITY TITLE:
City of South Miami -Crime Prevention Through Environment Design
IDIS It
TBD
RESOLUTION#:
R-814-18
DUNS #:
24628976
2.
-ACTIVITY DESCRIPTION:
_Marshall Williamson Park Crime general improvements to park to reduce crime
2a — Activity Category:
Public Facclities/Capital Improvement
2b. — Objective:
Sustainable Luring Environment
2c. — Outcome:
Availability/Accessibility
3.
- APPROVED BY BCC:
Amount: $146,474.58 & $3,525.42 Total $150,000 Source: CDBG FY:
2018 and 2016
Other Funding Source and Amount:
$50,000 (City of South Miami)
4.
- FY 2018 TOTAL PROJECT COST:
$200 000
5.
- HUD INFORMATION:
5a. — HUD matrix code:
03F
5b. — HUD Activity Type:
LMA
5c. — HUD National Citation
570.208(a)(1)
6.
- ACCOMPLISHMENTS:
6a. — Number of Units:
1
6b. — Type:
Public Facility
7.
- NATIONAL OBJECTIVE:
Total # of Low/Mod in Service Area:
1615
Census Tract and Block Group:
76.03/1
6121 SW 68 Street, South Miami, Florida 33143
8.
- ACTIVITY ADDRESS:
9.
- LOCATION:
NRSA (Activity located in):
South Miami
District (Activity located in):
7
10.
-LABOR STANDARD applicable
Type of Work:
❑ Building ❑ Residential ❑ Highway ❑ Heavy
11. Set aside units different from total units
12. INSURANCE REQUIREMENTS: Worker's Compensation Insurance, Commensal General liability Insurance,
Auto mobliity Liability Insurance and Professional Liability Insurance. See
Attachment for detailed requirements. For economic development projects, the
County expressly permits the Awardee to use Program Income to continue the
same Activities described in the Scope of Services to additional beneficiaries
or000rdonate with the amount of Program Income retained.
Project Manager.
Letitia Goodson
Theresa Fiario, HCO Manager
in
In
Tab 05 — Application Sub -Section
Public Facility Capital Improvement
Marshall Williamson Park CPTED - City of South Miami
Abbreviated Activity Description:
The project is to renovate the park using the Crime Prevention Through Environmental Design
(CPTED) to reduce the Crime in the area.
Details Activity Description:
The project is design and construction of Park Infrastructure Improvements, that may include:
benches, lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks,
emergency blue light call box system, and a gunshot detection system, following the Crime
Prevention Through Environmental Design criteria.
The purpose of the project is to provide a safe environment to residents, by reducing the crime in
the park.
The CIP Project Managers salary and all other costs related to the project and programs are
covered by the City of South Miami.
Activity Location:
6125 SW 68th Street, South Miami, FL 33143
The Park is located in the NRSA, Commission District 7
ocatlon map
s
W a:- -
Sw 66_n S.
Mu"aY Park GQaRRL
UJ
-
Slates
qUnited
PmtM'Ser m
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_. -.'.ah Miami Meuwad
E
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- Sinu,gn.A an9 sw iM
Not To Scale
13
(O
LO
Proposed Accomplishments:
The CPTED renovation will help to control and reduce the crime at the park. Also, it will enhance
the physical, social, and cultural use of the park. After the project's completion, area residents will
enjoy nature and pleasant activities in a safe environment.
Phase I:
Design. Preparation of architectural drawings showing existing and proposed Crime Prevention
Design infrastructure.
Phase II:
Construction_ construction of Paris Infrastructure Improvements, that may include: benches,
lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks, emergency
blue light call box system, and a gunshot detection system, that will help to prevent and reduce
crime.
Quarterly Milestones:
Complete design and construction phases.
Priority Needs Statement~
The City of South Miami will hire consultants to provide design and construction services.
Action Steps:
The use of grant funds will start after the Grant Agreement is executed by City Commission
authorizing the City Manager to enter an agreement, and Miami -Dade County agreement _
execution.
Public Facility Capital Improvement
Marshall Williamson Park OPTED - City of South Miami
14
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17
09 Attachment Al
Public Facilities and Infrastructure Improvements - City of South Miami - FY18 Marshall Williamson Park CPTED Project
ID
Task Name
Required Resource
Enter 1n the %
of Task
Completed (as
of today)
Enter In the
Stert Dete of
Task
CalcWated End
Date of Task
Notes:
1
THIS CHXRT'INFORMATION IS PRELIMINARY BASED
o c o Pmo
ON
0,00
1.1.1
submit required Enviromneta Review(ER) form see
attachment D in the Contract)
Agency
0.00
8/1/SB
9/7/18
1.1.2
environmental review process
Environmental Specialist
0.00
RAAB
9/7/18
1.1.3
submittal of scope and budget
Agency
0.00
8/1/18
9/7/10
1,1,4
scope and budget revlew by Public Housing and Community
Development (PHCD) Project Manager (PM)
Project Manager
0.00
8/1/18
9/7/18
1.1.5
prepare and assemble contract with Attachments Atoll 24
dr 92.504)
Project Manager
O.OD
9/1/18
3/31/19
1.1.6
submit contract for agency signature to execute
Project Manager
0.00
1 9/1/18
3/31/19
1.1.7
return signed contract to PHCD for final processing
Agency
0.00
911/18
3/3110
1.1.8
submit LOU G contract to Miam-Dade MayorsOffice
PM Supervisor and PM Manager
0.00
SAAR
3/31/19
1.1.9
receive and distribute executed PHCD Contract
Project Manager
0.00
9/1/I8
3/31/19
Milestone evrew
1.2
0.00
1.2.2
submit sources and uses statement
Agency
0.00
8/1718
8 7 18
1.2.3
submit required insurance certificate
Agency
O.OD
10/1/18
9/301
1.2.4
submit insurance document to Miami -Dade GSA
Project Manager
0.00
10/1/18
9/30/20
1.2.6
lPfGfOMB
Agency
CLOD
8/l/18
9/7/18
1.2.7
Environment clearance letter
Environmental Specialist
O.OD
9/7/18
9/7/18
1.2.8
Design Process
Agency
0.00
4/1/19
1/31120
1.2.9
submit quarterly progress report (Due no later than 10 days
after the end of each quarter)
Agency
0.00
10/1/18
10/10/20
Milestone Review
1.3
Pre. Bid Phase
0.00
1.3.1
RFP package for General Contractor (GC)
Agency
11.00
211120
4/30120
4/30/20
1.3.2
Submit RFP package for GC to PIICO
Agency
D.00
2/1/20
1.3.3
review RFP bid package for GC by PHCD
Project Manager/Construction N
0.00
2/1/20
4/30/20
1.3.4
review RFP bid package for GC by PHCD's Compliance Unit
Compliance Unit
0.00
2/1/20
4/30/20
/-3.5
Provide Davis Baron Wage Determination to Agency
Compliance Unit/Project Mangei
0.00
2/1/20
4/30/20
1.3.6
Submit revised BIT feedback to Agency
Project Manager
O.DO
2/1/20
4/30/20
1,3.7
PHCD to give agency written approval for RFP bid package for
Project Manager
0.00
2/1/20
4/30/20
1.3.8
Pre -bid meeting
Agency/PHCO Staff/Bidders
0.00
2/1/20
4/30/20
1,3.9
Bid/RFP opening
Agency
om
2/29/20
4/30Z0
T..10
C ec a aiment list
Agency
0.00
2/29/20
4/30/20
1.3.11
Selection/Award
Agency
0.00
2/29/20
4/30/20
1,3,12
Pace order for Mlam- a eConstruction Sgn y PHCO
JProjea Manager
1 0.00
2129/20
4/30/20
es one a rew
Page 1 of 3
as of 4/2/2019
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J
M
�O
CONSTRUCTION BUDGET FOR CDBG FUNDS
"fmliami ATTACHMENT B
DOCMOfKEAM= MAC
FY 2018 CDBG - Marshall Williamson Park CPTED
October 1, 2018 thru September 30, 2020
BUDGET SUMMARY
MAJOR CATEGORIES:
CDBG
NON-PHCD
TOTAL FUNDING
1. Personnel
$ -
$ -
$ -
2. Contractual Services
$ -
3.Operating Expenses
$ -
$ -
4. Commodities
$ -
$ -
5. Capital Outlay
$ 150,000.00
$ 50,000.00
$ 200,000.00
FY 17 CDBG
$ 150,000.00
$ 50,000.00
$ 200,000.00
FUNDING SOURCES:
CDBG Grant
CiVs Contribution
Total
$ 150,000.00
$ 50,000.00
$ 200,000.00
le
to
ATTACHMENT B
CONSTRUCTION BUDGET FOR CDBG FUNDS
South Miami Marshall Williamson Park CPTED
7"rC"T V ftIASAV? 1711tiG City of South Miami
CDBG FY 2018
October 1, 2018 thru September 30, 2020
SUB OBJECT DESCRIPTION PHCD CITY'S TOTAL AMT
CDBG AMOUNT CONTRIBUTION
01 Personnel
Project Manager
$
$ -
$ -
FICAIMICA
$
-
$
$
Total Personnel
$
-
$ -
$ -
90 Capital Outlay
Environmental
$
Site Preparation
$
-
$ -
$ -
Property Taxes
$
-
$ -
$ -
Building Permits
$
$ -
$ -
Construction, and Installation
$
150,000.00
$ 50,000.00
$ 200,000.00
Impact Fees
$ -
$
Total Capital Outlay
$
160,000.00
$ 50,000.00
$ 200,000.00
TOTALS
$
150,000.00
$ 50,000.00
$ 200,000.00
FUNDING SOURCES:
CDBG Grant
$
150,000.00
City's contribution
$
50,000.00
Total
$200,000.00
9
INDEMNIFICATION 1 INSURANCE — t
The Contractor shall indemnify and hold harmless the County and its officers; employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may incur as a result
of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Agreement by the Contractor or its employees,
agents, servants, partners principals or subcontractors. The Contractor shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attomy's fees which may issue thereon. The Contractor expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the County or its officers, employees, agents and instrumentalities as herein provided.
The Contractor shall furnish to Miami -Dade County, do of Public Housing and Community
Development, 701 NW 1" Court,141 Floor, Miami, FL 33136, Certificate(s) of Insurance which
indicate that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required
by Florida Statute 440.
B. Commercial General Liability Insurance in an amount not less than $300,000 per
occurrence. Policy must be endorsed to include coverage for Completed Operations.
Miami -Dade County must be shown as an additional insured with respect to
this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with the work, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
All insurance policies required above 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 VH" as to financial strength by Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of
the County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in
Florida" issued by the State of Florida Department of Financial Services.
CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
111 NW 1' STREET
SUITE 2340
MIAMI, FL 33128
Public Housing and Community Development
Attachment 6-2
Community Development Block Grant (CDBG) Program
Not Applicable
MIAM O
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
ATTACHMENT C
Reporting Period: I
❑ 1z Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun] ❑ 31d Quarter [Jul -Sept] ❑ 41h Quarter [Oct -Dec] / Annual Report
Section 1: General Information
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title): _
Activity Address:
Activity Description:
IDIS *
Telephone Number:
Program Income: (if
Funding Source: Funded Amount applicable) $
Activity Category:
❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Public Service
❑ Housing ❑ Homebuyer Assistance ❑ Tenant -Based Rental Assistance (TBRA) ❑ Homeless Housing
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability
Sectio T II: Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%) and seventy ;
percent 70%) of the Agreement Funds, the Awardees reporting these expenditures must submit documentation to show that Awardees has!
accomp.ished 50 % and 70%, respectively, of the Activities described herein. I
A B C D F F G H
Actual
Reimbursed
Projected
Approved
Total
Expenditures
Cumulative
Cumulative
Projected
Cumulative
Category
Budget
g
Expended
Cumulative
[Through end f
Percentage
Expenditures
Expenditures
[This Quarter]
Prough end of
this quarter)
& D]
pdext Quarter]
[By end of Contract
this uarter
Period)
Personnel
$
$
$
$
%
$
$
Contactual
$
$
$
$
%
$
$
Operating
$
$
$
$
,/°
$
$
Costs
Commodities
$
$
$
$
%
$
$
Capital
$
$
$
$
%
$
$
Outlay
TOTAL
$
$
$
$
%
$
$
Program Income The disposition of Program Income not specifically listed in the approved Program Income
budget requires prior written approval from PHCD.
1. Does this activity generate Program Income? ❑ Yes ❑ No
2. If yes, indicate the amount generated this quarter. $
CD/14/51712
1 of 3
00
to
MT�
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION
1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed
2. Environmental Status: ❑ A --Exempt ❑ C=Completed ❑ D=Underway
3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No
Section III: ❑ Work in Progress [On -going Activities] ❑ 50% and 70% benchmark
❑ Accomplishment Narrative [Activity Completed]
Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the
work in progress or accomplished in a brief narrative format [ @ Attach Scope of Services ]
Section IV: Other Supporting Efforts [
Provide a description, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or
comoleted durinq this period.
Section V: Problems Encountered
Provide a brief description of any problems or delays encountered during this period or anticipated.
Section VI: Technical Assistance
If your organization has a need or anticipate a need for technical assistance during this period, please describe the
nature of the assistance required.
Section VII: Performance Measurement I
`Notes: A Supplemental Performance & Benefit Data Report must be submitted if any actual achievements are
reported during this reporting period and all HOME funded projects must submit applicable activity set-up form.
Accomplishment Type: ❑ People [01] ❑ Households [04) ❑ Businesses [08] ❑ Organizations [09)
[]Housing Units [101 ❑ Public Facilities [111 ❑ Jabs [131
National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJ]
People or Households • Achievements: ❑ Yes H No
If yes, what is the accomplishment type? ❑ People -or- ❑ Households
People Households (LMH activities only)
Total People Low I Mod
Total Households Low f Mod Female Headed
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N
Performance & Benefit Data:
CD114151712 Rev 11/14/17
2 of
IM
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
❑ Housin —or— U Public Service & Administration -or— LJ La riai um rovement oruullu metres
Housing Units • Achievements: ❑ Yes ❑ No I
Owner Rental Buyer Total
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y 1 N ❑ Performance & Benefit Data: Housing
Jobs or Businesses • Achievements: ❑ Yes ❑ No
If yes, what is the accomplishment type? ❑ Jobs -or- 0 Businesses
Total Job Count
Total Weekly Hours Percent
Jobs Created Full -Time (FT) FT Low / Mod Part -Time (PT) PT Low / Mod Low / moo .loos
Projected Goal
Actual This Quarter
Actual Cumulative
Assistance to Businesses Pro ected Goal Actual This Quartet" Actual cumulative
New Businesses
Existing Businesses
Total
Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Economic Development
PERFORMANCE CERTIFICATION: This certifies that No Accomplishments occurred during this Quarter.
Initials
NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the
certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct, based on official accounting
system and records, and that expenditures and obligations shown have been made for the purpose of and in
accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
FOR PHCD USE ONLY Activity IDIS Number.
Report ❑ is / ❑ is not complete 0 Report ❑ is 1 ❑ is not accurate
Initial review for completeness and accuracy completed by— Name:
Project Manager
Name: Date:
Supervisor
Warning: Pile 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 W
This material is available in an accessible format upon request CD/14151712
3of3
MW ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
Recipient Name:
Activity Name: _
IDIS #:
Activity Category:
F
HUD Activity Matrix Code: Accomplishment Type:
HUD Matrix Code Description:
❑ Acquisition / Disposition ❑ Structures + ❑ Parcels
❑ Clearance / Demolition
❑ Street Improvements
❑ Public Facility / Type:
❑ Building / Type:
❑ Other Capital Improvement /Type:
Indicate below]
Reporting_ Period
1� Quarter[Jan-Marl
LJ
20d Quarter
[Apr -Jun]
3m Quarter (Jul -Sept]
4d' Quarter [Oct -Dec] /
Annual Re ort
❑
❑ Structures + ❑ Parcels
Persons Served + Low/Mod Income
Persons Served + Low/Mod Income
Facilities + Persons Served + Low/Mod Income
Persons Served + Low/Mod Income
# of Structures
# of Parcels
# of Facilities
# of Persons Served
# of Low/Mod Income
Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T.
1. Total Persons Assisted for program year. 2_ Counts by Households (H) or Persons (P):
3. Of the Total Persons, enter the number. Number of Persons
With New Access to this service or benefit
With Improved Access to this service or benefit
With access to a service or benefit that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. Total
With New Access to this type of Public Facility or Infrastructure Improvement
With Improved Access to this type of Public Facility or Infrastructure Improvement
With access to Public Facility or Infrastructure that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. Total
Homeless persons given overnight shelter
Number of beds created in overnight shelter or other emergency housing
Is this activity located in a NRSA? ❑Yes ❑No
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami -Dade County's websiie — Services Near
You: htto.'Iftsweb. miamidade.00v/CommunityServices/. A copy of the printout must be included with this report
Provide the following information:
NRSA # of Clients Served NRSA
# of Clients Served
C0115151712V
1 of 3
MIAHF�
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
NRSA # of Clients Served NRSA
# of Clients Served
Location I Project Address:
Street /City !Zip Code —or- Folio Number is there is no street address
Location I Project Address:
Street 1 City I Zip Code —or- Folio Number is there is no street address
RACE & ETHNICITY CATEGORY
Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting
period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that
are of Hispanic Ethnicity for this reporting period and the cumulative total.
Re rt Period Totals
Race Ethnicity
e ones Total Number # His anic
Cumulative 1 YTD Totals
Race Ethnic
Total Number # Hispanic
ican American [12j
Rencannd
AmericanIndian !Alaskan Native [14J
aiian / Other Pacific Islander [151
Indian / Alaskan Native & White [161
Asian & White [17]
Black I African American & White 118]
American Indian or Alaskan Native & Black /
African American 1191
Other / Multi Racial [201
Totals
�IQl1OM nTl111.1
u i RCR DIRT= . 1 Dmll Cv11 1` 1
Re ortPeriod Totals
Cumulative / YTD Totals
Total Number
Income Levels
Total Number
Extremely Low 30% or less
Low 31 % - 50 0
Moderate (51%-81%)
Non LowlMod 81 % or greater
To
AREA BENEFIT INFORMATION
Census ( C) or Survey (S) Data Used:
Total # of Low/Mod in Service Area:
Percent of LowlMod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
If (S), enter # of Low/Mod & Total Population:
Total Low/Mod Universe Population in Service Area:
CD11Y51712V
n
2 of
N
MIA n
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
unding Sources]
1. CDBG Funds
2. HOME Funds
3. ESG Funds
4. Section 108 Loan Guarantee
5. Other Federal Funds
6. State I Local Funds
7, Private Funds
8. Other.
Name of Funding Source
Total Funds
L§) REQUIRED ATTACHMENTS [if applicable]: 1) Certificate of Completion; z) rnntoui or PAKJA map, a appuceu-
Documentation of performance I accomplishments, e.g., new or improved access to services, facility, or infrastructure i
upgrade; and 4) Documentation as described in the Contract or Scope of Services, or as instructed by the County.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Warning: Tdle 18, US Code Section 1001, states that a person who knowingly and willingly makes false or haudulerd statements to any Department or
Agency of the United States is guilty of a felony. State law may also pmvide penalties for false or fraudulent statements.
1c,,�;y-,*, This material Is available in an accessible format upon request CD/75r51712V
3 Of
M
ti
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
......................................................................................................... a.
Agency
:
Acbvity Name
Fundina Source / Year
• Anwunt /IDIS #
Project Location
..... .... .. .. ... ....... ............................ .. ... ............................................... ....•
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
u -1. Low -Mod Clientele (LMC) - Documentation showing that the activity is designed for and used by a segment
of the population presumed by HUD to be LMI persons; for example:
a Abused children,
❑ Battered spouses,
Q Elderly persons (family whose head, spouse, or sole member is a person aged 62 or older),
:3 Severely disabled,
:i Homeless persons,
o Illiterate adults,
❑ Persons living with AIDS,
❑ Migrant farm workers
0 2. Neighborhood Revitalization Strategy Area (NRSA) - Be of such a nature and in a location that it may be
concluded that the activities clientele located in an NRSA:
Obtain documentation that shows the client lives at the address which is located in an NRSA:
Yes
No
* Proof of location:
* Child(ren) School Records (showing home address)
❑
❑
* Driver License
❑
❑
* Utility Bill (FPL, Water & Sewer, etc)
❑
❑
REQUIRED DOCUMENTATION- NO EXCEPTIONS
Yes
No
* PHCD General CDBG Intake Eligibility Form (Must be Attached)
❑
❑
"Services Near You Print Out (Must be Attached)
(httpllgisweb.miamidade.gov/CommunityServiices ❑ ❑
1. Biscayne North
2. Cutler Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Perrine
8. South Miami
9. West Little River
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON -COMPLIANT
Page 1 of 2
ti
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
ci 3. Required Documentation: — Data showing the size and annual income for the family of each person receiving
the benefit and that at least 51 % of those served are LMI.
REQUIRED DOCUMENTATION A MUST — NO EXCEPTIONS Yes No
* PHCD General CDBG Intake Eligibility Form (Current Income Must be Attached) ❑ ❑
Select One Form of Proof to Provide:
* Pay Stub(s)
❑
❑
* Aid to Families with Dependent Children (AFDC) or
Temporary Assistance to Needy Families (TANF)
❑
❑
* Food Stamp Official Print out Letter
❑
❑
* Unemployment Benefits Letter with Amount
❑
❑
* Prof of Child Support or Alimony
❑
❑
* Proof of SSA/SSI or Veteran's Benefits
❑
❑
" Proof of Retirement Income (Must be attached for Senior Programs)
❑
❑
* Other Income
❑
❑
Prepared by (Print) Agency Official
Signature and Date
NOTE SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON -COMPLIANT
Page 2 of 2
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
REQUIRED DOCUMENTATION FOR INCOME VERIFICATION
If an agency has an activity that has been classified as Low -Mod Clientele (LMC), Low -Mod Jobs (LMJ), or Low -
Mod Housing (LMH), the agency will be required to obtain information from low -to -moderate income
households/persons in order to verify income eligibility. Please note that income eligibility is determined based on
household income and size. Below is a fist of acceptable documentation to confirm income eligibility. It is important
to no'e that all funded agencies will be responsible to maintain such documentation on file for five years after the
Public Housing and Community Development (PHCD) has informed the agency through an official close outtreport
or letter that activity is closed.
Client's Paycheck Stubs, Social Security Insurance (SSI) Checks, TANF (Temporary Assistance for
Needy Families) checks, or other public assistance checks — A photocopy should be made of the two
(2) most recent pay period check stubs, benefit checks received by the client, or the notification of
electronic transfer,
• SSI, SSD, Food Stamp, or Other Benefit CardsllDs — If the cards indicate the income level of the client, a
photocopy of the card can document income;
W2 Form or Tax Return Form — A photocopy of the clients W2 form from his/her most current employer
for wages earned or a photocopy of the client's most recent tax return form may document income;
• SSI and TANF Letters of Notification of Benefits — Social Security and the Department of Children and
Families issue letters of notification of benefits to clients informing them of their approval for benefits and
the amounts of the benefits to be received. A photocopy of these letters will be sufficient proof of income;
• Other benefit notification letters may be acceptable if they indicate the client's income level (e.g., Social
Security Administration, Medicaid, Medicare, Food Stamps, etc);
.y
• Letter of acceptance from the school lunch program
HUD INCOME LIMITS FOR MIAMI-DADE COUNTY
FY 2619 U.S. HUD INCOME LIMITS For Miami -Dade County Effective April 1, 2018
Area Median Income
(AMI): $ 52,300
EXTREMELY LOW
(30% of Median)
VERY LOW
(50% of Median)
LOW
(80% of Median)
FAMILY SIZE
LESS THAN:
VERY LOW
GREATER THAN:
1 person
$16,550
$27,550
$44,100
2 persons
$18,900
$31,500
$50,400
3 persons
$21,250
$35,450
$56,700
4 persons
$25,100
$39,350
$62,950
5 persons
$29,420
$42,500
$68,000
6 persons
$33,740
$45,650
$73,050
7 persons
$38,060
$48,800
$78,100
8 persons
$42,380
$51,950
$83,100
New tables are published yearly by USHUD and will be provided to the Agency when available.
CD158/32615
rN
rn
CD
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MM GENERAL CDBG INTAKE ELIGIBILITY FORM
LIMITED INCOME (LMI) LIMITED CLIENTELE (LMC) / LIMITED JOBS (LMJ) / LIMITED HOUSING (LMH)
NAME:
ADDRESS:
HONE:
Gender: ❑ Male ❑ Female Ethnicity: ❑ Hispanic ❑ Not Hispanic
Race (Please check the race category which applies to you):
❑ White ❑ Black/African American ❑ American Indian/Alaskan Native
❑ Asian ❑ Black/African American & White ❑ American Indian/Alaskan Native & White
❑ Asian & White ❑ Native Hawaiian/Other Pacific Islander ❑ Other: Multi Racial
❑ American Indian or Alaskan Native & Black/African American
_,c __1 _u n.'.... o....c--- 14n Ralntinnchin Gender Aae Emoloved?
1.
Self
❑ Yes ❑ No
2
❑ Yes ❑ No
3
❑ Yes ❑ No
4
❑ Yes ❑ No
5.
❑ Yes ❑ No
8
❑ Yes ❑ No
7.
❑ Yes ❑ No
8
Yes No
INCOME VERIFICATION DATA
The assistance you receive is determined in part by the size of your household and your income. Al income and assets will require
verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Retirement, Survivor, or Disability pensions; Soda) Security or
Railroad retirement Supplemental Security Income, Aid to Families with Dependent Children (AFDC), Temporary Assistance to
Needy Families (TANF), Food Stamps, or other public assistance, or public welfare programs; Interest, dividends, net rental income,
or income from estates or trusts; and any other sources of income received regularly, including Veterans' (VA) payments,
unemployment compensation, alimony, and child support must be disclosed.
Household Member
Source of Income
Gross Monthly Amount Received
1.
$
2.
$
3.
$
4.
$
5.
$
Income Eligibility Acceptable Documentation: Copy of Pay Stubs (from previous employer), Aid to Families with Dependent
Children (AFDC) or Temporary Assistance to Needy Families (TANF) Official Printoufnetter, Food Stamp Official Printout/letter,
Letter confirming amount of unemployment benefits received, proof of child support or alimony, proof of SSA/SSI or Veteran's
Benefits, or proof of retirement income. MUST ATTACH A COPY OF DOCUMENTS —NO EXCEPTIONS.
I, the undersigned applicant, do hereby authorize to verify my personal records, including
(NateCAWg Y)
wages, pensions, and investments. It is understood that this authorization is granted for the sole purpose of certifying my eligibility
for federal financial assistance, and that all information acquired in this regard will remain confidential.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE. I AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WITH FINES OR
IMPRISONMENT OF UP TO FIVE (5) YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE, AND
ALSO MAY BE SUBJECTTO CML AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant
Page 1 of 2 CD/17151712N3
n
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PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MIAM
,•'emu GENERAL CDBG INTAKE ELIGIBILITY FORM
CDBG INCOME ELIGIBILITY
24 CFR 670.208
Activity classed under family size and income
24 CFR 570.208 a 2 i B
24 CFR 570.506 b 3 nl
Activity is classified based on income eligibility requirements
that restrict it exclusive) to low- and moderate -income Dersons
24 CFR 570208(a)(2)(i)(C)
24 CFR 570.506(b)(3)(iii)
DEFIN171710NS 124 CFR 570.3
Family means all persons living in the same household who are related by birth, marriage or adoption.
Household means all the persons who occupy a housing unit The occupants may be a single family, one person living alone, I
two or more families living together, or any other group of related or unrelated persons who share living arrangements.
Income. For the purpose of determining whether a family or household is low- and moderate -income under subpart C of this
part, grantees may select any of the three definitions listed below for each activity, except that integrally related activities of the
same type and qualifying under the same paragraph of 570.208(a) shall use the same definition of income. The option to
choose a definition does not apply to activities that qualify under 570.208(a)(1) (Area benefit activities), except when the
recipient caries out a survey under 570.208(a)(1)(vi). Activities qualifying under 570.208(a)(1) generally must use the area
income data supplied to recipients by HUD. The three definitions are as follows:
(i) Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813.106 (except that if
the CDBG assistance being provided is homeowner rehabilitation under 570.202, the value of the homeowner's primary
residence may be excluded from any calculation of Net Family Assets); or
Estimate the annual income of a family or household by projecting the prevailing rate of income of each person at the time
assistance is provided for the individual, family, or household (as applicable).
Estimated annual income shall include income from all family or household members, as applicable. Income or asset
enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income.
Low- and moderate4ncome household means a household having an income equal to or less than the Section 8 low-
income limit established by HUD.
Low- and moderate4ncome Person means a member of a family having an income equal to or less than the Section 8 low-
income limit established by HUD. Unrelated individuals will be considered as one -person families for this purpose.
Low-income household means a household having an income equal to or less than the Section 8 very low-income limit
established by HUD.
Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income
limit established by HUD. Unrelated individuals shall be considered as one -person families for this purpose.
INSTRUCTIONS FOR IMPLEMENTING AGENCY
You must first seek third party verification. This is a verification that is received directly from the source of income. The request can
be by m2il, fax, or email. It must be clearly evidenced that it was received from the source.
Income Limits for Fiscal Year 2018 (Effective 0410112018)
Please check the appropriate mily size and income.
Family
Size
Extremely Low
(30°%of Median
Very Low
50°%of Median)
Low
(80°%ofMedian)
1
$16,550
$27,550
$44,100
2
$18,900
$31,500
$50,400
3
$21,250
$35,450
$56,700
4
$25,100
$39,350
$62,950
5
$29,420
$42,500
$68,000
6
$33,740
$45,650
$73,050
7
$38,060
$48,800
$78,100
8
$42,380
$51,950
$83,100
Waming: 7 rile 18, US Code Section 1001, states that a person who knowingy and wipingy makes false or fmudulant statements to any Departmentor
Agency of the United States is guilty of a felony. State law may also provide penalties for false orfraudulent statements.
This material is available in an accessible format upon request. CD/17/51712N3
2 of
00
I--
VIVIENDA POBLICA Y DESARROLLO COMUNITARIO
MilU1FMD�
FORMULARIO GENERAL DE ADMISION PARR CDBG
INGRESOS (LMI', Pors�siglaseninglds) CLIENTES (LMC", P—siglasen inglPs) EMPLEOS (LMJ" . P°rsu siglaseninglts)
VIVIENDAS (LMH"", Pwmsmgiaseningl6s) 13AJOS Y MODERADOS
NOMBRE:
DIRECCI6N:
TELEFONO:
CODIGO
POSTAL:
Genero: ❑Masculino
❑OrigenFemenino etnico: ❑Hispano ElNo Hispano
Raza (Por favor, marque la categorla de raza que le corresponde):
❑ Blanco ❑
Negro/Afro American
❑
Indigena Estadounidense/Nativo de
Alaska
❑ Asi6tico ❑
Negro/Afro Americano y Blanco
❑
Indigena EstadounidenselNativo de Alaska
y Blanco
❑ Asidtico y Blanco ❑
Nativo de Hawai/ Otras Islas del Pacifico
❑
Otros: Multi Racial
❑ Indigena Estadounidense / Nativo de Alaska / Afro Amenrano
Menci6nese a Usted mismo y a todas ]as personas que
_._ varPntesrn Genero Edad ;Empleado?
ocupdn rd rrvrmmd
- - --- - -
Si
1
Aut6nomo
❑
No
❑
Si
2
❑
No
❑
S1
3.
❑
No
Si
4
❑
No
Si
5.
❑
No
❑
Si
6.
❑
No
❑
Si
7.
❑
No
❑
Si
8.
❑
Na
DATOS DE LA VERIFICAC16N DE INGRESOS
La ayuda que Usted recibe se determina en parte por el n6mero de miembrbs en su n6cleo familiar y de sus ingresos. Todos los
ingresos y los bienes deberan ser verificados antes de que la elegibilidad sea concedida. El ingreso induye todas las sumas de
dinero que reciben todos los miembros del n6cleo familiar mayores de 18 anos. Los salarios, sueldos, propinas, comisiones; los
ingresos como trabajador por cuenta propia; Pensiones de jubilaci6n, de supervivencia, por discapacidad; la jubilaci6n del Seguro
Social o del Ferrocanil, el Ingreso Suplementado de Seguridad, la Ayuda a las Familias con Ninos Dependientes (AFDC, por sus
siglas en ingl6s), la Ayuda Temporaria a las Familias Necesitadas (fANF, por sus siglas en ingles 4ps Sellos para Alimentos, u
otro tipo de ayuda publica, o de programas p6blicos de ayuda social, o de ingresos provenientes de pattimonios o fideicomisos;
as[ como otras Fuentes regulares de ingresos, induyendo los pagos a los Veterans (VA, por sus siglas en ingl6s), la
oompensadbn por desem leo, la perysi6n alimenticia la manutenci6n de menores deberan ser declarados.
Miembro del Nucleo Familiar
Fuente de Ingresos
Monto del Ingreso Bruto
Mensual Recibido
1.
$
2.
$
3.
$
4.
$
5.
$
Documentaci6n Aceptable pare verificar la Elegibilidad a partir de los Ingresos: Copia de las oolillas de pago (del empleador
anterior), la Ayuda a [as Familias con Nirlos Dependientes (AFDC, por sus siglas en ingl6s) o la Ayuda Temporaria a las Familias
Necesitadas (TANF por sus siglas en ingles) la Impresi6n o la Carta Oficial de las Estampillas de Alimentos la Carta confinnandD
0 Pagina 1 de 3
C0117151712A13
ti
VIVIENDA POBLICA Y DESARROLLO COMUNITARIO
Mf _
•• ' FORMULARIO GENERAL DE ADMISION PARA CDBG
la canbdad de beneficios percibidos por desempleo, la prueba de la manutenci6n de menores o del pago de la pensi6n al'rmenticia,
la prueba del SSA/SSI o de los Beneficios de los Veteranos o la prueba de los ingresos por jubilaci6n. DE_ BERA ADJUNTARSE
UNA COMA DE LOS DOC[JM�EI�ITOS SIN EXCEPCION.
Quien suscnbe, el solicitante, por medio de la presente autorizo a a fin de que verifique mis
antecedentes personales, incluyendo: cNmt-detaAg-cWa
los salarios, pensions a inversiones. Se entiende que esta autorizaci6n se otorga con el unico prop6sito de cer6ficar mi elegibilidad
para la ayuda financiera federal, y que toda la infbrmaci6n adquirida en este sentido seguirt siendo confidencial.
CON MI FIRMA, RECONOZCO QUE TODA LA INFORMAC16N QUE HE PROPORCIONADO ES VERDADERA Y CORRECTA A
MI LEAL SABER Y ENTENDER. SOY CONCIENTE DE QUE SI HAGO ALGUNA DECLARAC16N FALSA INTENCIONALMENTE
EN ESTA CERTIFICACION O EN CUALQUIER OTRA DOCUMENTACION QUE PROPORCIONE PARA LA ELEGIBILIDAD DEL
PROGRAM& PUEDO SER CASTIGADO CON MULTAS O CON LA CARCEL DE HASTA CINCO (5) MOS, O AMBOS, BAJO LA
SECCIORq 1001 DEL TITULO 18, DEL CODIGO DE LOS ESTADOS UNIDOS, Y QUE TAMBII N PODRIA ESTAR SUJETO A LAS
MULTAS Y SANCIONES CMLES Y/O ADMINISTRATIVAS PERTINENTES.
Firma del Solicitante
Fecha
ELEGIBILIDAD DE LOS INGRESOS PARA EL SUBSIDIO EN
24 CFR 570.208
BLOQUE: PARA EL DESARROLLO COMUNITARIO (CDBG,
por sus s i ias en in les
Actividad clasificada bajo los ingresos y la composici6n del
24 CFR 570.208(a)(2)(i)(B)
24 CFR 570.506(b)(3)(iii)
grupo familiar
La actividad se clasifica a partir de los requisitos de elegibilidad
24 CFR 570.208(a)(2)(i)(C)
24 CFR 570.506(b)(3)(iii)
de los ingresos que se limitan exclusivamente a las personas
de ingresos bajos y moderados
DEFINICIONES 124 CFR 570.3
Familia: Se refiere a Was las personas que vivan en la misma casa, que estan relacionadas por nacimiento,
matdMio o adoption.
Nucleo Familiar: Se refiere a todas las personas que ocupan la vivienda. Los ocupantes podrian ser una sola familia, una
persona viviendo sofa, dos o mas familias viviendo juntas o cualquier otro grupo de personas relacionadas o no que
compartan las condiciones en materia de vivienda. {
Ingresos: Con el fin de determinar si los ingresos de una familia o de un nucleo familiar son bajos o moderados dentro de la
Subseccibn C de esta secci6n, los beneficiaries podrian seleccionar cualquiera de las tres definiciones enumeradas abajo
para cada actividad, salvo que las actividades integralmente relacionadas que sean del mismo tipo y que califlquen dentro del
mismo apartado del 570.208(a) deban utilizar la misma definici6n de los ingresos. La opci6n de elegir una definici6n no se
aplica a las aciividades que califican con el 570.208(a)(1) (Acdvidades de beneficio del area), salvo cuando el beneficiario
Ileve a cabo una investigaci6n de acuerdo con el 570.208(a)(1)(vi). Las actividades que califican de acuerdo con el
570.208(a)(1) generalmente deberan utilizar los datos de ingresos del area provistos por HUD a los beneficiarios. Las tres
definiciones son las siguientes:
(i) Los ingresos anuales tal Como se los define en el programa de Pagos de Ayuda para la Vivienda de la Secci6n 8 en el
Titulo 24 del C6digo Federal de Regulaciones 813.106 (salvo que la ayuda para la CDBG que se proporcione tenga
relaci6n con la rehabilitaci6n al propietario de acuerdo con el 570.202, el valor de la residencia principal del propietario se
podria excluir del calculo de los Activos Netos de la Familia); o bien
Calcular los ingresos anuales de una familia o de un nucleo familiar efectuando una proyecci6n de la tasa predominante de
ingresos de cada persona al momento de proporcionarsele la ayuda a la persona, a la familia o al nucleo familiar (segun
corresponda).
El In -grew anual estimado debera incluir los ingresos de toda la familia o de los miembros del nucleo familiar, segun sea el
caso. La mejora en los ingresos o en los bienes denvada de la actividad de la ayuda del CDBG no se considerara para i
calcular bs, ingresos anuales.
Ho -gar de ingresos bajos v moderados se refiere a un nucleo familiar que tiene un ingreso igual o inferior al limite de bajos
ingresos de la Secci6n 8 establecido por HUD. (LMH, por sus siglas en ingles)
Advertendia: El rtu/o 18, Ar9culo 1001 del Chdigo de los Estados Unidos establece que una persona serd hallada culpable de un delito penal grave
cuando inlendonalmente Naga declarsdones falses o fraudulentas ante cualquier departamento o agencia de los Estados Unidos. La ley estatal
podda prover sandones para las dedaradones fa/sas o fraudulentas.
i■�.i
Este material esta disponible en un fomlato accesible a petition. CD/17/517121V3
2de3
VIVIENDA POBLICA Y DESARROLLO COMUNITARIO
MFORMULARIO GENERAL DE ADMISION PARA CDBG
Persona de ingresos bajos v moderados se refiere a un miembro de la familia cuyo ingreso es equivalente o interior al
limite de ingresos bajos de la Secci6n 8 establecido por HUD. Los individuos no emparentados se considerarsn familias
unipersonales para este prop6sito. (LMI, por sus siglas en ingles)
Hogar de ingresos baios se refiere a un hogar con un ingreso igual o inferior al limite de ingresos muy bajo de la Secci6n 8
establecido por HUD. (LMH, por sus siglas en ingles)
Persona de Baios Ingresos se refiere a un miembro de una familia cuyo es un ingreso igual o inferior at limite de ingresos
muy bajos de la Secci6n 8 establecido por HUD. Los individuos no emparentados deberan considerarse como familiss
uninersonales oara este orop6sito. (LMC, por sus siglas en ingles)
LA
Usted deberA pedir primeramente la verificaci6n de terceros. Se trata de una venficacion provenlente dtrectamente oe la tuente ae
ingresos. La solicitud puede ser enviada por correo, por fax o por correo electr66ico. DeberA quedar bien claro que fue recibida de
Limites de Ins Ingresos pars el Ano Fiscal 2018 (Vigente desde el 1 ro de Abril, 2018)
o,.. o.,.,,....,-,.,, o i� Nf. r•,rpcnnnrlipntp nl famann de su aruno familiar v a la cantidad de su ingreso
Extremadamente bajo
de la media)
Muy bajo
(50% de la media)
Baj0Gru(30%
(80% de Ia med$16,550
$27,550
$44,100
$18,900
$31,500
$50,400
$21,250
$35,450
$56,700
il
$25,100
$39,350
$62,950
$29,420
$42,500
$68,000
$33,740
$45,650
$73,050
$38,060
$48, 800
$78,100
$42,380
S51,950
$83,100
Note:
LMI' (LOW -MODERATE INCOME): Ingresos bajos o moderados
LMC-- (LOW -MODERATE CLIENTELE): Clientela de Ingresos bajos o moderados
LMJ"' (LOW -MODERATE JOBS): Empleos de Ingresos bajos o moderados
LMH"" (LOW -MODERATE HOUSING): Vivienda de Ingresos bajos o moderados
Advertencia: El Tdulo 18, Articulo 1001 del C6digo de los Estados Unidos establece qua una persona sera hallada culpable de un delito penal grave
cuando intenaonalmente haga declaraolones felsss o fraudulentas ante cualquier departamento o agencle de los Estados Unidos. La ley estatal
podda prever sandones para las declaracrones falsas o fmudulentas.
fkcc Este material esta disponible an un fonnato aesible a petici6n. CD/17/51712M
3 de
[, 8 MAW
MW
Date:
IUD "II nvu0u\v nnv IU.vllvlu.\I I r ucv GLV rIrIC1Y r
List of Persons Assisted (Public Service)
Supplement to Quarterly Expenditure and Progress Report
1st Quarter [Jan - Mar]
2nd Quarter[Apr-Jun]
3rd Quarter [Jul - Sept]
4th Quarter [Oct - Dec]/Annual Report
1. Persons Assisted
Last Name First Name
2. Status
New Existing
3. Address
House Number Direction Street Name StrestType
4 & 6. NRSA
http://gisweb.miamidade.gov/Community5emices/
Lives in a NRSA? Name of NRSA
❑ElYes
�No
124
El
0
Yes
DNo
❑❑❑Yes
❑ No
❑
❑
Dyes
❑ No
5
❑
❑
❑Yes
❑
No
6
❑
❑
❑Yes
1-1
No
7
El
❑
Yes
No
S
❑
❑
Yes
1:1No
9
❑
❑
Yes
❑
No
10
❑
❑
Yes
❑
No
11
ET
❑
Dyes
E]No
12
❑
❑
Yes
1:1No
13
❑
❑
Yes
❑
No
14
❑
❑
Dyes
0Na
15
❑
❑
❑Yes
❑No
INSTRUCTIONS
1. Fill in name of the person for which Public Services were provided.
2. Enter a check mark In the column that matches the person's status [New —or— Existing].
3. Enter the complete address of the person assisted, e.g., House Number, Direction, Street Name, & Street Type.
4. Enter Yes or No as applicable if the person lives in one of the NRSAs.
5. If yes, view NRSA map at hitp://gisweb.miamidade.gov/Community5ervices/ to determine correct NRSA location and fill in the name of the NRSA: Goulds, Leisure City, Melrose, Model City.
Opa-Locka, Perrine, South Miami, West Little River, Biscayne North or Cutter Ridge.
Well Title In, US Coda eoction toot, state. met oa .,kk.glr makus Iulsu _i Oradulent stalamcrts'a nsy Dapadment � Ag^nry of fhe United States Is aunty are felony. State law may also provide penalties
for false or fraudulent statements.
C
.•� �-• TTIs maledal Is available In an ecceesale format upon request. Page 0 of CD123112513N3
N
00
rcem_w '��]
ATTACHMENT D
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient; Miami -Dade County will not fund projects that will negatively impact clients,
communities, or the environment
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
® CDBG ❑ HOME ❑ HOPE VI
❑ HOMELESS (SRO/SHP) ❑ EDI ❑ NSP
Indicate Fiscal Year: FY 2018
2. Name of Subrecipient/Agency: City of South Miami
3. Name of Proposed Activity: Marshall Williamson Park Crime Prevention Improvement
4. Location Address with City, ST and Zi of ity or Project:
6121 SW 68th St
South Miami, FL 33143
6. Site Folio Numbe s :
094025-063-0030
7. Commission District(s): Board of County Commissioner, Xavier Suarez, District 7
R nirprt r'.nntart infnrmntinn of roan/nrant rarinicnt-
Name: Zachariah A. Cosner
Address: 6130 Sunset Drive
City: South Miami
State: FL
Zip: 33143
Phone: 305 663-6330
Fax:
9. Detailed description of activity or project:
The project is design and construction of Park infrastructure Improvements, that may
include: benches, lighting equipment, stationary ping-pong equipment, signs, landscape,
sidewalks, emergency blue light call box system, and a gunshot detection system, following
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the Crime Prevention Through Environmental Design criteria.
The purpose of the project is to provide a safe environment to residents, by reducing the
crime in the park.
The CIP Project Manager's salary and all other costs related to the project and programs are
covered by the City of South Miami.
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
Capital Improvement
11. What is the status of activity or project? For example, Pre -Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Presently no action has been taken yet.
The Project will commence as soon as funds become available
and an award letter is issued.
Part 11. PROJECT OUTCOME
Will the activity or oroiect result in the foilowinn?
YES
NO
X
1. Change in use
X
2. Sub -surface alteration (i.e. excavations)
X
3. New construction
X
4. Renovation or demolition
X
5. Site Improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.
X
6. Building improvements (windows, doors, etc.)
X
7. Displacement of persons, households or business
X
8. Increase in population working or living on site
X
9. Land acquisition
X
10. Activity in 100-year floodplain
X
11. A new nonresidential use generating at least 1,375,000
gallons of water or 687,500 gallons of sewage per day.
X
12. Use requiring operating permit (i.e. for hazardous waste,
pre ent of se a etc.
X
13. A sanitary landfill or hazardous waste disposal site
X
14. Tree removal or relocation
X
15. Street improvements
X
16. The impounding of more than 10 acre feet of water (e.g.
digging a lake or diverting or deepening of a body of water).
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Part III. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
• Existing?
Existing - Recreational Use.
. • Proposed?
No changes to the Recreational Use.
• Does the site have any known contaminants?
❑ YES N NO
• If there are known contaminants, has a Phase I audit been completed? If yes, a copy
of Phase I Environmental Audit certified to Miami -Dade County must be submitted to
determine the likely presence of either a release or threatened release of hazardous
substance. N/A
❑ YES ❑ NO
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one
(1) acre or more?
® YES ❑ NO
If yes, a site plan must be provided. Proiect(s) will not be environmentally reviewed without a
site a plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
N YES ❑ NO
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
Existing structure(s) on site? N YES ❑ NO
a Estimated age of structure(s)? Park Site since 1964
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
3
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® YES ❑ NO
If yes, what is the estimated cost of rehabilitation or renovation? $200,000 (includes
improvement specifications, $50,000; and construction, $ 150,000
What is the amount sought for funding? $150,000
In addition, indicate if the estimated value of the improvement represents:
® 0 to 39.9 percent of the market value of the structure(s)
❑ 40 to 49.9 percent of the market value of the structure(s)
❑ 50 to 74.9 percent of the market value of the structure(s)
❑ 75 percent or more of the market value of the structure(s)
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
►� •
If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be
submitted to determine the likely. presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and
underground storage tanks (available through the Department of Permitting Environment and
Regulatory Affairs (DPERA), Florida Department of Environmental Protection (FDEP) and
U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? ❑ YES ® NO
6. Environmental Health Information:
• If a residential site and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces? N/A
❑ YES ❑ NO
If yes, please submit the results.
• Have any child under the age of six at the site been tested for elevated levels of lead in the
body?
❑ YES ® NO
If yes, please submit the results.
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7. Other Site Information:
YES
NO
1. Flood insurance required?
X
2. Public water available on site?
X
3. Public sewer available on site?
x
4. Children under 6 years of age residing on
site or relocating to site (including day care
facility)?
X
5. Hazardous waste disposal facility?
X
6. Storage of hazardous materials on site?
X
7. Abandoned structure(s) on site?
X
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
l certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted and/or Incorrect information will delay the initiation of the
environmental review process by the PHCD staff. As such, 1 am aware that omitted information
could delay the commencement of my orgahMa5tion's project. I understand all approved
environmental reviews are valid for one (1ly�ar maximum.
Steven J. Alexander
Print Name
City of South Miami
Name of Organization or Corporation
Signature
City Manager
Title
Date
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW 11 Court -14*' Floor
Miami, Florida 33136
E
e
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity
EXEMPT'
CENST"
CEST"'
EA""
Economic Development
New Construction
X
Rehab
X1
XZ
Non-Construction/Expansion
X
Housing
Single Family Rehab
X
Multi -Family Rehab
X1
X2
New Construction
X
Homeownership Assistance
X
Affordable Housing Pre-Dev.
X
Capital Improvement
Handicapped Access
X
Public Facilities
X1
XZ
Infrastructure
X1
Xz
Public Services
Employment
X
Crime Prevention
X
Child Care
X
Youth or Senior Services
X
Sup22rtve Services
X
Type of Publication
No Public
No Public
No Public Notice/No
Publish
Notice/No
Notice/No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement
NOI/RROF
Triggered)
Or
Publish NOI/RROF
(Statutory
Requirement
Tri ered
Estimated Time Frame (Excluding 3I Days 30-05 Days 45-90 Days 90 Days
Triggered Statutes) Minimum
C1 If for continued use and change in density (or size) of less than 20%
Al Change in density (or size) of more than 20%
Exempt Exempt Activities
CENST Categorically Excluded and Not Subject to 58.5
CEST Categorically Excluded Subject to 58.5
EA Environmental Assessment (Format II)
CD/38110412
E
MIAMI-
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHICD)
UNIFORM AFFIDAVITS
ATTACHMENT E
59-6000431 024628976
Federal Employer Identification Number(FEIN) Dun & Bradstreet Number (D-U-NSO)
City of South Miami
A) Name of Entity, Individual(s), Partners or Corporation
South-
6130 Sunset Drtve Miami
Street Address (P.O. Box Number is not permitted) City
1. MIAMLDADE COUNTY OWNERSHIP DISCLOSUREAFF]DAVIT
(Sec. 2-8.1 of the Miami -Dade County Cade)
B) Doing Business As (If same as line A, leave blank)
F1 USA 33143
State (U.SA) Country rap Code
Firms registered to do business with Miami -Dade County, shall require the person contracting or transacting such business with
the County to disdose under oath his or her full legal name, and business address. Such contract or transaction shall also require
the disclosure under oath of the full legal name and business address of all individuals having any interest (legal, equitable,
beneficial or otherwise) in the contract other than subcontractors, materiahnen, suppliers, laborers or lenders. Past office box
addresses shall not be accepted hereunder. if the contract or business transaction is with a corporation the foregoing information
shall be provided for each officer and director and each stockholder holding, direly or indirectly, five (5) percent or more of the
outstanding stock in the corporation. If the mntract or business transaction is with a partnership, the foregoing information shall
be provided for each partner. H the contract or business transaction is with a trust, the foregoing information shall be provided for
the trustee and each beneficiary of the trust The foregoing disclosure requirements shall not apply to contracts with publicly -
traded corporations, or to contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof, or any municipality of this State. Use duplicate page if needed for additional names.
Hno officer, dgmsfor or stockholder owns (5%) or more of stock, please write "None" below.
car m.�vo., a1
FULL LEGAL MANE TITLE ADDRESS
OWNERS I
CHECK BOXES
BELOW
FULL LEGAL NAME
TITLE
d
z
3
o
ADDRESS
GENDER1
FACE
I ETHMGTY
TF
s
E
a^
z
S
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
1❑
❑
❑
❑
❑
❑
❑
❑
I ❑
❑
❑
❑
❑
❑
❑
❑
1 ❑
10
Me percentage of the firm is owned by a publidy traded corporation, indicate below in the space'Other Corporations'.
OTHER CORPORATIONS
1 ❑
10
❑
Io
10
1 ❑
1 ❑
10.
1131
❑
11310
10
1 ❑
1 ❑
10
Page 1 of 9 CDf52131413fV
9
ma PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
2 MIAMI.OADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Onbnance No. 90-133, amending Section 28-f (d) (2) of the Miami -Dade County Code)
The following information is for compliance with all items in the aforementioned Section:
1. does your firth have a collective bargaining agreement with its employees? Yes ❑ No ❑
2. Does your firm provide paid health pre benefits for its employees? Yes ❑ No ❑
3. Provide a current breakdown (number of persons) In your finis work tons indicating race, national origin and gender.
3. MIAMI.OADE EMPLOYMENT DRUO-FREE WORKPLACE AFFIDAVIT
(Section 2-8.1.2(b) of f1re Komi -Dodo County Code)
All persons and entities that contract with Miami -Dade County are required to certify that they will maintain a drug -bee workplace
and such persons and entities are required to provide notice to employees and impose sanctions for drug violations occurring in
the workplace.
In compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, the above named firm is providing a drug -free
workplace. A written statement to each employee shall inform the employee about:
1. Danger of drug abuse in the workplace
2. The firm's policy of maintaining a drugiree environment at all work places
3. Availability of drug Counseling, rehabilitation and employee assistance programs
4. Penalties that may be Imposed upon employees for drug abuse violations
The firm shag also require an employee to sign a statement, as a condition of employment that the employee will abide by the
terms of the drug -free workplace policy and notify the employer of any criminal drug conviction occuning no later than five (5)
days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including
termination. Firms may also comply with the Countys Drug Free Workplace Certification where a person or entity is required to
have a drug -free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord MW such
policy meets the intent of this ordinance.
4. MIAMFDADE COUNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT
(Article 1, Section 2-8.1.5 Resolution R-182-00 Amending R-385-95 of the Miami-Deds County Code)
Firms transacting business with Miaml-Dade County shall provide an affidavit indicating compliance with all requirements of the
Americans with Disabilities Act (A-D.A.).
I, state that this firm, is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party
contractor shall comply with all applicable requirements of the laws Including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The American with Disabilities Act of 1990 (ADA.), Pub. L. 101-336, 104 Stet 327, 42 U.S.C. Sections 225 and 611
including Titles I, II, III, IV and V.
The Rehabilitation Ad of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
1 hereby affirm that I am in compliance with the below sections:
Section 2-10.4(4)(s) of the Code of Mismi-0sde County (Ordinance No. 82-37). which requires that all properly licensed
architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami -Dade
County
Section 2.8.1.5 of the Code of Miami -Dade County, which requires that firms that have annual gross revenues in excess of five
Page 2 of 9 CD152131413N
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MIAM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
(5) million dollars have an affirmative action plan and procurement policy on file with Miami -Dade County. Firms that have a
Board of Directors that are representative of the population make-up of the nation may be exempt.
S. MIAMI-DADECOUNTYDEBARMENTDISCLOSUREAFFIDAVIT
(Section 1Q38 of the Miami -Dade County Code)
Firms wishing to do business with Miami -Dade County must certify that its contractors, subcontractors, officers, principals,
stockholders, or affiliates are not debarred by the County before submitting a bid.
I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -
Dade County.
6. MIAMI-DADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BEING CURRENTIN THEIR
OBLIGATIONS TO MIAMI-DADE COUNTY
(Ordinance 99-16Z emending Section 2-8. 1; Ordinance 00-30, emending Section 2-8.1 (c), and Ordnance 00-67. amending 2-8.1
(h), of the Miami -Dade County Code)
Firms wishing to transact business with Miami -Dade County must certify that all delinquent and currently due fees, taxes and
parking tickets have been paid and no individual or entity in arrears in any payment under a contract, promissory note or other
document with the County shall be allowed to receive any new business.
I, cenfurn that all delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes,
convention and tourist development fazes, utility lazes, and Local Business Tax Receipt collected in the normal course by the
MiamH)ade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firth, have
been paid.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 1, Sewon 2-8.1 n of the Miami -Dade County Code through (6) and (9) o/Ne County Code and County Ordnance No 00-1
amending Section 241.1(c) of the County Code)
Firms wishing to transact business with Miami -Dade County must certify that It has adopted a Code that complies with the
requirements of Section 2-8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor
does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and
regulations.
I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the
County Code, and that such code of business ethics shelf apply to all business that this flan does with the County and shall, at a
minimum, require the contractor to comply with all applicable governmental rules and regulations.
8. MIAMI-DADS COUNTY FAMILY LEAVE AFFIDAVIT
(Article V of Chapter 11, of the Mlamd-0ade County Code)
Firms contracting business with Miami -Dade County, which have more than filly (50) employees for each working day during
each of twenty (20) or more work weeks in the ct rent or preceding calendar year, are required to certify that they provide family
leave to their employees.
Finns with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter
(signed by an authorized agent) that it does not have the minimum number of employees required by the County Code.
I confirm that if applicable, this firm complies with Article V of Chapter 11 of the County Code, which requires that firms
contracting business with Miami -Dade County which have more than fitly (50) employees for each working day during each of
twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide family leave to
their employees.
9. MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Section 2-8.9 of the of the Miami -Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this
section of the County Code.
I confirm that if applicable, this firm complies with Section 2.8.9 of the County Code, which requires that ail applicable employers
entering a contract with Miaml-Dade County shall pay the prevailing living wage required by the section of the County Code.
Page 3 of 9 CD/52f31413N
MIAMFMDE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Article 8, Section I fA-60-1 IA-67 of the of the Miami -Dade County Code)
Firms wishing to transact business with Miami -Dade County must certify that d is in compliance with the Domestic Leave
Ordinance.
I confinn that 9 applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have,
in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during the
current or preceding calendar year.
11. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT
(Section 2-8.6 of the Miami -Dade County Code)
The individual or entity entering into a contract or receiving funding from the County ❑ has ® has not as of the date of this
affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the County ❑ has ® has not as of
this date been convicted of a felony during the past ten (10) years.
Swom to and subscribed before me this C�a day of
Personallyknown f L w �i/fo G ion /�, /
Notary Public State of l /! /irn/.Li3J
20 / d-.
Or produced identification
My commission expires
(Type of identification)
MARiAL GARCu
t� MY COMMISSIONSGG 115752
F7fPIPEs:Odahe 16,2021
(Print, type or sta iiiiiiiiIIIIINWIM
Page 4 of 9 CDI52/31413N
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PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
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 _Miami Dade County
by Steven J. Alexander, City Manager
(Print individual's name and tine)
for City of South Miami
(Print name of entity submitting sworn statement)
whose business address is 6130 Sunset Drive, South Miami, FL 33143
and if applicable its Federal Employer Identification Number (FEIN) is _5M000431
If the entity has no FEIN, include the Social Security Number (SSN) of the individual signing this sworn
statement. SSN
2.- 1 understand that a "public entity crime' as defined in paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with respect to, and directly related to the 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 a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere.
4.-1 understand that an "Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means:
a) A predecessor or successor of a person convicted of a public entity crime or;
b) An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term 'affiliate° includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling 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 moths shall be considered an affiliate.
5: 1 understand that a'person" as defined in paragraph 287.133 (1)(e), Florida Statutes means any natural
person or entity organized under the laws of any state or of the United States 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)
Page 5 of 9 CD/52/31413N
M
0
�l PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
X_Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity, crime subsequent to July 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 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
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017
FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN TH NFBRMfli10N CONTAINED IN
THIS FORM.
(Signature)
Sworn to and subscribed before me this t� day of 20 .
Personally kno r/P
Or produced identification Notary Public -State of..
My commission expires
(Type of identification) MARIAL 4RCI.A
s....,
,��;, MY COMMISSIUil53L'11`r52
EVIRES:O&W; 1g.=
(Print, no ary public)
Page 6 of 9 CD152131413N
v
10 IBM
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.- Do you have any past due financial obligations with Miami -Dade County?
Single Family House Loans
Yes ❑
No ED
Multi -Family Housing Rehab
Yes ❑
No
CDBG Commercial Loan Project
Yes ❑
No
U.S.HUD Section 108 Loan
Yes ❑
No
Other HUD Funded Programs
Yes ❑
No
Other (liens, fines, loans, occupational licenses, etc.)
Yes ❑
No
If YES, please explain
2.- Do you have any past due financial obligations with Miami -Dade County?
YES ❑ NO
If YES, please explain:
3: Are you a relative of or do you have any business or financial interests with any elected Miami -Dade County
official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards?
YES ❑ NO
If YES, please explain:
Any false information provided on this affidavit will be reason for rejection and disqualification of your project -funding request to Miami -Dade
County
The answers to regolrg questio co dry stared to sl of my knowledge and befief.
By.
(Signal Applicant) (Date)
Sworn to and subscribed before me this ��� day of 20
ZF-
Perry known _aT�T� ��qq-_
Or produced identification Notary Public -State of
My commission expires
(Type of identification)
�„ 4 � CARC nn or stamp commission name of notary pubre)
WCOMMISSIONitGNSM
EXPIRES: Otlober 16,2021
'+.:S71dM Tr" CD/52131413N
W)
0
W PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
COLLUSION AFFIDAVIT
(Code of Miami -Dade County Section 241.1 and 10-33.1) (Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC, personally appeared Steven J Alexander
(Insert Name of Affiant)
who being duly sworn states:
I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am
an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of
this contract
I state that the bidder of this contract
® is not related to any of the other parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of
any person not therein named, and that the contractor has not, directly or indirectly, induced or
solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to
refrain from proposing, and that the proposer has not in any manner sought by collusion to secure
to the proposer an advantage over any other proposer.
OR
❑ is related to the following parties who bid in the solicitation which are identified and listed below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract
award. In the event a recommended contractor identifies related parties in the competitive solicitation its
bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award
unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the preparation and submittal of such bids or proposals.
Related parties shall mean bidders or proposers or the principals, corporate officers, and managers
thereof which have a direct or indirect ownership interest in another bidder or proposer for the same
agreement or in which a parenLcampany or the principals thereof of one (1) bidder or proposer have a
direct or indirect own nterest in another bidder or proposer for the same agreement. Bids or
proposals found a collusive shall be
By: 2�F .
re of Affiant U Date
Steverf" 1. Alexander
Print Name of Affiant and Title
51 9- 61 0/ 0/ 0/ 4 / 3/ 1 / _
Federal Employer Identification Number
City of South Miami
Print Name of Firm
6130 Sunset Drive, South Miami, FL 33143
Address of Firm
Page 8 of 9 CD/521314131V
M"R
mms PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20f
He/She is personally known to me has presented 6APW AA � as
identification o /% Type of identification
Signature of otary Serial Number
x:�4� r-y��
Print or Stamp Nam of Notary. Expiration Date
Notary Public State of
Notary Seal
ifteneft
�pRiAl. GARM
�s#cQ
Cy�tip
• Y 'i N �$ �V�
Page 9 of 9 CD/521314131V
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"`O0.DF PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00-87)
I, being first duly sworn, hereby state and certify
that the foregoing statements are true and correct:
That I am the Developer (if the Developer is an individual), or the City Manager (fill in the title of the
position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited
to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal
course by the Miami -Dade County Tax Collector, and County issued parking tickets for vehicles
registered in the name of the above developer, have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final
non -appeasable judgment, or lien with Miami -Dade County, or any of its agencies or instrumentalities,
including the Public Health Trust, either directly or indirectly through a firm, corporation, partnership
orjoint venture in which the Developer has a controlling financial interest For purposes hereof, the
term "enforcement threshold" means any arrearage under any individual contract, non -appeal able
judgment, or lien with Miami -Dade County that exceeds $25,000 and has been delinquent for greater
than 180 days. For purposes hereof, the term "controlling financial interest' means ownership,
directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation,
47inect interest of ten percent or more in a firm, partnership, or other business entity.
By: 2018
Date
nature of Affiant
Steven J. Alexander. City Manager 59-6000431
Printed Name of Affiant and Title Federal Employer Identification Number
City of South Miami
Printed Name of Firm
A14n Sunset nrht, C th IkAlnmi Fr 31141
Address of Firm r�
SUBCS `CRIBEDANNDD SWORN TO (or affirmed) before me this y_day of
by I ey0y? 7(r l fh bC�� He/She is Qe�n to me or has presented
as identification
Type oo Identification
90 ature of Notary
Print or Stamp Name of Notary
Notary Public -State of 4&`�x&
Serial Number
Expiration Date
.�wwmnvomkn wow PWO
Notary Seal IZOZ'8l regoV0S3flldxa
ZSLSLt OJ /tJOISSIYIMO�AW' 9f
MgNVO'IVIHtlYI �,,W
mb
",' m PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR DUE DILIGENCE AFFIDAVIT
Per Miami -Dade County Board of County Commissioners (Board) Resolution No. R-63-14, County Vendors and
Contractors shall disclose the following as a condition of award for any contract that exceeds one million dollars
($1,000,000) or that otherwise must be presented to the Board for approval-
(1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the
firm, its directors, partners, principals and/or board members based on a breach of contract by the firm; include the
case name, number and disposition;
(2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted;
include a brief description of the circumstances;
(3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been
debarred or received a formal notice of non-compliance or non-performance, such as a notice to cure or a
suspension from participating or bidding for contracts, whether related to Miami -Dade County or not.
All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting
Officer (PCOU AE Selection Coordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the
above information, if applicable, to the PCO.
Contract No.:
ContractTdle:
Federal Employer
Identification Number (FEIN):
Steven J. Alexander City Manager
Printed Name of Affiant Printed Title of Affiant
City of south Miami
Name of Firm
.111T
Date
Affant
6130 Sunset Drive. South Miami Florida 33143
Address of Firm State Zip Code
Notary Public Information
Notary Public -State LJ County of
Subscribed andswom to (or affirmed) before me this ac% day of 20
By ,fi/E!m 1 cw' He or she is pe onall� Y knovm to me or has produced ident (cation ❑
Type of identification
Sena n: o otary Pudic
'ip{;'+ MMIALGAGG RCIA
MV CORES:Odob;rlO.M1�
Print or Stamp of Notary Public Expiration Date i
212014
e
W=nADE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant: City of South Miami
Co -Applicant:
N/A
In accordance with Section 2-11.1 Subsection (c), and (d) of the Miami -Dade County Conflict of Interest
and Code of Ethics Ordinance, covered persons defined under 2-11.1(b) are required to request an Ethics
Opinion if they are seeking to participate in housing assistance programs administered by the PHCD.
Check if any of the following applies to you:
❑� Itwe do not currently work for Miami -Dade County (no additional action is required).
❑ Uwe am/are a School Board or Federal Employee. These employees are not covered under
Section 2-11.1 of the Miami -Dade County ConPo'd of Interest and Code of Ethics Ordinance (no additional
action is required).
❑ Itwe am/are an appointed or elected County Official (Ethics Opinion must be sought -
http://ethics.miamidade.govArequently-used-forms. asp)
❑ Vote am/are a Mlaml-Dade County Employee (Ethics Opinion must be sought-
httpYleMics. miamidade.gov/frequently-used-torms. asp).
• Please provide the department and division name below:
❑ Uwe am/= immediate family to a Miami -Dade County employee, appointed or elected official.
(') Immediate family is defined as spouse, domestic partner, parents, stepparents, children and
stepchildren (Ethics Opinion must be sought - httpYlethics.miamidade.gov/hequent/y�sed-forms. asp).
• Please provide the following information regarding the County employee, appointed or elected
official:
Name of employee,
appointed or elected
official:
Department,
Division, or Board:
Signature of
Applicant:
Signature of
Date: 1?/196// F
Warning: Title 16. US Code Sech'on 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency ofthe United States is guilty ore felony. State law may also provide penalties for false or fraudulent statements.
for
ALC/AM/CA/CD/1 /62414N
O
O
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
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.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
By.
•N (signature of Authorized Representative)
Print: City of South Miami. Steven J. Alexander
(Print Name of Firm and Authorized Representative)
Title: City Manag-er
Date: P Z';) .D Z%
r
O
Sout(e�miami
THE CITY OF PLEASANT LIVING
DISCLOSURE ABOUT RELATED PARTIES
August 241, 2018
THERE ARE NO BOARD MEMBERS OF THE City of South Miami
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH City of South
Miami OPERATIONS.
ATTACHMENT F
N
O
County Construction Sign
' (1 i 1,13
.:
❑ NON GOB
STANDARD W X 8' CONSTRUCTION SIGN
In Ground 1 Sided In Ground 2 Side
�A-Frame 1 Sided A -Frame 2 Sided
MODIFIED 2' X 3' CONSTRUCTION SIGN
Portable A -Frame
Quantity required D
This Form to be Emailed to:
Makingston chery:cmakin@miamidade.gov
and Hernan Inpezlopezh@miamidade.gov
Sign is 4 X 8' wlth 12 post
• Project Manager to mark location of
sign(s) on site.
• Installer to all Sunshine 811 or 1-800-432-4700
for underground inspection before digging.
Service Ticket #
Index code
GOB Capital Project Number
Project Name
Number
Estimated Project Completion Date (inmIdd/yyyy)
Website
characters
Project Manager
Name,
Department'
Address_
Phone Number_
District Commissioner
Funding Source Logo(s) (3 Max)
o� o 4 Pee o
Other SDecifv:
Sign location address
Plus speck location of sign placement
Mt®D PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-36)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami -Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
Policies and procedures of awarding subcontracts are attached as Exhibit G-1
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: City Manager Date:
Firm Name: City of south Miami FEIN: 59-6000431
Address: 6130 Sunset Drive City: South Miami State:
Telephone: (305) 663-6330
Zip Code: 33143
Fax:
CD/51131313N
FL
t �Q ,
South(e Mliami
1W(11V(11 ►1[Ak-AN) IWIN(.
PURCHASING POLICY
The purchasing policy is in accordance with City of South Miami Charter Article III, Section 5
(Power and Duties) and Florida Statute Chapter 287.
Purchases less than $5,000.00. Purchases of, or contracts for, materials, supplies, equipment,
improvements or services for which funds are provided in the budget, where the total amount
to be expended is not in excess of $5,000.00, may be made or entered into by the City Manager
without submittal to the City Commission and without competitive bidding. Single purchases or
contracts In excess of $5,000.00 shall not be broken down to amounts less than $5,000.00 to
avoid the requirements of this subsection. Purchases of less than $1,000.00 do not require:
— Purchase orders
— Sealed Competitive bids
Purchases of less than $5,000.00 but greater than $1,000 do require:
A minimum of 3 written quotes from 3 different vendors unless piggybacking off an
existing governmental contract, which was part of an acceptable competitive bid
process.
An approved purchase order
Must have been included in the original budget or received approval from the City
Manager.
Purchases more than $5,000.00 but less than $25,000.00. Purchases of or contracts for
materials, supplies, equipment, improvements or services for which funds are provided in the
budget, where the total amount to be expended is in excess of $5,000.00 but which does not
exceed $25,000.00, may be made or entered into by the City Manager with submittal to the City
Commission and without competitive bidding, but shall require that the City Manager obtain
quotes from at least three different vendors. Single purchases or contracts in excess of
$25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the
requirements of this subsection. Purchases more than $5,000.00 but less than $25,000.00
require:
— Approval by the City Manager before the expenditure is made or funds
committed.
— A minimum of 3 wri$ten quotes from 3 different vendors unless piggybacking
off an existing governmental contract which was part of an acceptable
competitive bid process
-- City Commission approval
Purchases in excess of $25,000.00. Purchases in excess of $25,000.00 shall be in compliance
with the competitive bidding requirements. Purchases in excess of $25,000.00 require:
— Competitive bid process unless piggybacking off an existing governmental
contract which was part of an acceptable competitive bid process
-- Purchase orders must be obtained before an expenditure is made or funds
committed and approved by the City Manager,
-- City Commission approval
CITY OF SOUTH MIAMI BUDGET FY 2017-2018 77
South Miami
If it c nv cn ri I ASAN I i nVItia
If the Manager deems the goods and services an emergency affecting life, health, property or
safety, the -above policy is waived, but must remain in accordance with City of South Miami
Charter Article III, Section S (Power and Duties) and Florida Statute Chapter 287.
CITY OF SOUTH MIAMI BUDGET FY 2017-2018 78
0
T
01 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime ContractorlDeveloper City of South Miami
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104. MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even,
though the developer will not utilize subcontractors or suppliers on the contract. The developer
should enter the word "NONE" under the appropriate heading on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors, direct suppliers or the portions of the contract work to
be performed, or materials to be supplied from those identified, except upon written approval of the County.
Business Name and
Address of First Tier
Subcontracted Sub-
consultant
Scope of Work to be
Performed by
SubcontractodSub-
consultant
Principal Owner
(Principal
Ormer)
Gender Race
None
Business Name and
Address of Dhect Supplier
SuppiesiMatedals/Services
to be Provided by Supplier
Principal Owner
(Pr incipal
Owner)
Gender Race
None
and accurate.
contained in this Subcontractor/Supplier Listing are to the best of my knowledge
Steven J. Alexander City Manager
Print Name Print Title
Authorized Representative
(Duplicate if additional space is needed)
Page 1 of 1 CD/53/31413N
tom!
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ATTACHMENT I
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 andfor for all other third -party agreements/contracts for labor, materials, and
services related to the work covered by this agreement for the City of South Miami 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 duty
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, paper,, 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-reciplent, 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 retentfon 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 contract/agreement 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.
Entity Name: Employer ID WFID #:
City of South Miami 59-6000431
Full Address (Includine CitSt, ST and Zip) and Email Address
6130 Sunset Drive, South Miami, Fl-
Signature:
Print Name: Date:
Steven J. Alexander
Title: City Manager
Check one, as applicable:
Developer Prime -Contractor
Sub -contractor or sub -tier sub -contractor X Other (specify) City Manager
Qvxa'This material is available in an accessible format upon request. CDr61/31616
00
O
Public Housing and Community Development
Attachment J
Community Development Block Grant (CDBG) Program
Not Applicable
EXH I BIT S
CONSTRUCTION CONTRACT
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
THIS CONTRACT was made and entered into on this 1 St day of June , 20 21 ,
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:
That, Contractor, for the consideration hereinafter fully set forth herein, 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:
One hundred sixty nine thousand, five hundred forty-seven
dollars and seventeen cents
Dollars ($
169,547 .17
(spell Dollar Amount above) ("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. If 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 75 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 $3,000.00 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 must, at its expense within five (5) business days after the receipt
257 of 292
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.
12.This project, in whole or in part, will be assisted through Miami -Dade County Public Housing and Community
Development with Federal funding from Community Development Block Grant. (CDBG). Respondents must
comply with the CDBG requirements; refer to Exhibit 4 "Attachment To Bid Package,
Attachments A & B."
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: Unitec Inc.
Signature: l
Print Signatory's Name: KabuskaHurles
Title of Signatory: General Manager
ATTESTED:
Signature:
Nkenga4k. Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
S'irature
City Attorney
OWNER: CITY OF SOUTH MIAMI
Signature: _
Sh i Kamali
City Manager
258 of 292
EXHIBIT 6
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
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, is/are 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.
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.
L& 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.
C4 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.
Q rr. 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 a business day.
QW: 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
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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.
Oualifications of Subcontractors. Material men and Su lQp iers:
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
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Subcontractors and other persons and organizations must be submitted as specified in the Contract
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
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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.
(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
(i) Drawings of a smaller scale
0) 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:
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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 inherent in Work of the character provided for in this
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.
4S 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 5 — 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
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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, or piece of equipment of equal substance and function for those
referred to in the Contract Documents by reference to brand name or catalog number, and if, in
the opinion of 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.
6.6A 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.
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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.
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 Pees 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 Lighting:
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.
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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.
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 1n 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 entitles him to an increase in the Contract Price
or an extension of the Contract Time, he may make a claim therefore as provided in Articles 1 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 dam 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
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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 order, in a book or binder, in chronological order or in such other
order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to
CONSULTANT.
6.27 CONSULTANTS 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 clean 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 closed 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.
Sanitanf 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
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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 S.I of this document. Indemnification is limited to damages caused
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
Responsibilily for Connection to ExistingWork,
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.
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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
strict accordance with existing governing regulations. Field offices must include telephone
facilities.
Protection of Existing Prol2eM 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
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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 — CITY'S RESPONSIBILITIES,
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 lands and easements are set forth in Paragraphs 4.1 and 4.2.
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 raking possession and use will not be deemed an acceptance of
any Work not completed in accordance with the Contract Documents.
ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION,
City's Representative:
9.1 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.
i/isits 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.
Rejecting Defective Work:
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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 interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
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.
10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering
changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an
emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the
Contract Time or the Contract Price which is approved by CONSULTANT.
10.5 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
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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.
11.1 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);
1 1.2.2 Method or manner of performance of the Work.
1 1.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or
1 1.2.4 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.
11.4 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.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If
CONTRACTOR disagrees with CONSULTANTs 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.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
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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.
11.8.3 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
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.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
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 (2%) 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 I I.S.
1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
1 1.9.4 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 I I.S.
11.10 CONTRACTORS fee which will be allowed to CONTRACTOR for its overhead and profit will be
determined as follows:
1 1.10.1 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%).
11.1 1 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.
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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 said damages and the cost and effect of the failure of
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
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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 (I) 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 13.1, will take precedence over Section 13.1.
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
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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. StatJ
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 dear 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 CONSULTANTs approval of any payment requested in an Application for Payment will constitute a
representation by him to OWNER, based on CONSULTANTS 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 Artide 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
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(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 fled 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 corrected Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by 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
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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 any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and
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.
QU 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
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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
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, 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 considered terminated. In lieu of terminating the Contract, if
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 CONSULTANT"s 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, decertifies 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.
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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 party 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 counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW.
18.1 The Contract 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.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.0701) 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.
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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 CONTRACTOX
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.
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.
ARTICLE 24- E-VERIFY(448.095(2)
24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla.
Star, Contractor and its subcontractors must register with and use the E-Verify system to verify work
authorization status of all employees hired after January I, 2021.
24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating
that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records
retention requirements of this Agreement.
24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this
section must terminate the contract with the person or entity.
24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section,
but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must
immediately terminate the contract with the subcontractor.
24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not
be considered such.
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24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20
calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c.
above.
24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this
Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year.
Contractor further acknowledges that Contractor is liable for any additional costs Incurred by the
City as a result of termination of any contract for a violation of this Section.
24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in
this Section, including this Subsection, requiring the subcontractors to include these clauses in any
lower tier subcontracts. Contractor Is responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this Section and Contractors failure to enforce compliance
is a substantial and material breach of this Agreement
IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge
their inclusion as part of the Contract Documents on this 1 St day of June , 2021 ,
CONTRACT R: Unitec Inc.
Signature: i
Print Signatory's Name: Katiuska Hurles
Tide of signatory:__ General Mananer
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Nken A. Pa Sharifamall
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signa ure:
City Attorney
294 of 292
EXHIBIT 7
Supplementary Conditions
CONSTRUCTION CONTRACT
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
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:
Stantec
901 Ponce de Leon Blvd
Suite 900
Coral Gables, FL 33134
Ph: 3051445-2900
Fax: 30SI443-3334
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 one 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 I. 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 75 calendar dais 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 the Supplementary Conditions to
,acknowledge their inclusion as part of the Contract on this 1 St day of June , 202,t,
CONTRACTOPL—L.Aitec Inc.
Signature:
Print Signatory's Name: Katiuska Hurles
Title of Signatory. General Manager
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ATTESTED:
Signature:
Nkeng A. Pay
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
7)5
Signature: / /
ity Attorney
OWNER: CITY OF SOUTH MIAMI
Signature:
Shari amali
City tanager
END OF SECTION
286 of 2s2
EXHIBIT I
SCOPE OF SERVICES.
ATTACHMENT A
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
Scope of Services & Schedule of Values/Summary of Quantities
1. General 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. The
Work is to be performed in accordance with the specifications and the contract documents
(as defined in the Instructions for Respondents) that are provided to the Contractor by the
City as well as in accordance with those plans, drawings and specifications that are required
to be produced by the Contractor and that are approved by the City. This includes but is
not limited to keeping the project site clean and safe; furnishing all labor of the Contractor
and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials;
providing all necessary engineering and architectural plans, drawings and technical
specifications; all permits; all necessary equipment, including rental equipment, machinery,
tools, transportation and freight; coordination with any other City contractor,
subcontractors and utility companies (i.e. power, gas, water); erecting construction safety
measures, including fencing, privacy screening and cones, and ensuring that the safety
measure are in place at the end of each working day; root pruning and sod restoration at
affected areas to the City's satisfaction; cleaning the construction site at the end of each
working day; maintenance of traffic and hiring of off duty City police officer if required by
the City; and any other goods and services necessary to perform all of the Work.
After being awarded the contract but prior to any digging, Contractor must locate all
underground utilities and other facilities as well as contacting Sunshine 811 to coordinate
the process between excavators and utilities in Florida so that the utilities can mark the
approximate location of all their underground facilities, including power lines, telephone
lines, cables and pipes for gas, water, and sewage on the construction site.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other
permits (including tree permits), provide signed and seal footing and foundation
specifications for permitting, as well as all laboratory tests, engineering and architectural
specifications, drawings and plans that are necessary to secure any and all permits and
licenses required to complete Work. In addition, Contractor will be required to obtain,
pay for and deliver to the City as -built plans for all of the Work. Permit fees are waived for
permits required to be issued directly by the City of South Miami. Permit fees charged by
other government entities, if required, are the responsibility of the 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.
All work is to be done in accordance with all federal, state and local requirements, guidelines
and regulations included the Florida Building Code, the City of South Miami Land
40 of 292
Development Code, all applicable ordinances of Miami -Dade County and the City of South
Miami and the Americans with Disabilities Act (ADA).
Work activity is limited to the hours from 7:00 a.m. through 5:00 p.m., on
weekdays from Monday through Friday.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
II. SPECIFIC REQUIREMENTS:
The City is soliciting proposals from highly qualified firms for the successful completion of (i.)
selective/corrective tree pruning and removal of diseased or dead trees per tree report
attached (refer to Appendix E of Tree Resource Plan); (ii.) replacement of damaged sidewalks
within (park boundary) as outlined via construction plans; (iii.) a new ADA path from right-
of-way public sidewalk to existing viewing area at tennis courts, benches and a pre -fabricated
shade structures at tennis bench area; (iv.) and, a new emergency call box and new security
cameras.
All work shall be completed as per the specifications, engineering construction drawings, and
in accordance with the terms and conditions described in Exhibit I, Scope of Services,
Attachment A. Review enclosed specifications, construction plan documents, and tree survey
details. Respondent is required to follow all federal, state and local codes as well as all rule
compliance and guidelines with Americans with Disabilities Act (ADA).
The work associated with this project should be reflected in the Respondent's
proposal and Exhibit 1, "Scope of Services," Attachment A, B, & C.
111111. SITE LOCATION:
The construction project will be held at the City of South Miami's Marshall Williamson Park,
located at 6125 SW 68 Avenue, South Miami, FL, 33143.
IV. DESIGN PLANS -& SPECIFICATIONS:
"Design Construction Plans and Tree Resource Evaluation" for this project are included as
Exhibit 1, Scope of Services, Attachment B.
V. GRANT FUNDING:
This project, in whole or in part, will be assisted through Miami -Dade County Public Housing
and Community Development with Federal funding from Community Development Block
Grant, (CDBG). Respondents must comply with the CDBG requirements; refer to
Exhibit 4 "Attachment To Bid Package, Attachments A & B."
NOTE: FAILURE TO COMPLETE AND SUBMIT THIS SECTION WITH
YOUR SUBMITTAL WILL RENDER YOUR PROPOSAL NON-
RESPONSIVE.
VI. PRICING:
Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3
"Respondents E-bid Form" and Exhibit 4, "Respondents Cost and Technical Proposal."
41 of 292
Pricing submitted shall include all cost associated with completing this project as outlined in
the scope of services and associated design construction plans and tree resource evaluation,
including but not limited to permit fees, mobilization, demolition, installation of shade
structures, cameras, emergency call box, etc. It is the City's intention to award this project
to a single Contractor. It is the intention of the City to award this project to a single
Respondent, however the City retains the right to choose either Option A or Option B
for the award.
VI1. SCHEDULE OF VALUES:
RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM,
EXHIBIT C"
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO
PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1,
SCOPE OF SERVICES, ATTACHMENT C.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF
VALUES FORM," THE RESPONDENT MUST CARRY THE TREE MITIGATION
ALLOTMENT AS WELL AS THE CONTINGENCY IN THEIR TOTAL BASE
BID.
RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES
LISTED ON THE PAY ITEMS, IF ANY.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
ANY VALUES THAT MAY BE SET FORTH IN THIS RFP ARE APPROXIMATE.
CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY THE AREAS, AND
QUANTITIES AS PER THE LIMITS DEFINED BY THE SITE PLAN.
V111. PROJECT DURATION:
After permit(s) have been secured/approved, the Respondent is responsible for completing
this project within seventy-five (75) calendar days from issuance of Notice to
Proceed/Purchase Order/Email Notification from the City's Project Manager.
IX. WARRANTY:
Respondent/Contractor should include the following with their E-bid: Applicable
warranty and/or guarantees of all material and labor, including:
• any conditions, and
• guaranteed response time for repair; and
• guaranteed replacement during the warranty period; and
• life expectancy of LED lighting under normal use; and
• failures during the warranty period must be repaired or replaced to the satisfaction
of the City; and
• the term of the warranty.
42 of 292
At a minimum, Respondent/Contractor must warrant their Work to be free of significant
defects in workmanship and materials for a period of one (1) year.
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed and, if required by the warranty,
such equipment must be installed by an authorized installer before final payment is made.
If the manufacturer's warranty is issued to the respondent/contractor,
Respondent/Contractor must assign it to the City.
NOTE: A Performance and Payment Bond is required for the full amount of the
project as a condition of award but is NOT required with the submittal.
Please refer to Exhibits 7 & 8.
END OF SECTION
43 of 292
EXHIBIT I
SCOPE OF SERVICES
ATTACHMENT B
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
"Design Construction Plans"
Prepared by:
Stantec (Prime Consultant)
"Tree Resource Evaluation"
Prepared by:
Tropical Designs of Florida (Sub -Consultant)
44 of 292
CITY OF SOUTH MIAMI
MARSHALL WILLIAMSON PARK IMPROVEMENTS
6121 SW 68 ST
SOUTH MIAMI, FL 33143
INDEX OF SHEETS
SHEET NO. SHEET DESCRIPTION
C-00
COVERSHEET
G-01
GENERAL NOTES& SUMMARY OFOUANTITIES
C-01-C-02
SITE PLAN
CO3
DETAILS
E-01
ELECTRICAL PLAN
E-02
ELECTRICAL DETAILS
SURVEY
THE SCALE OF THESE DRAWINGS MAY HAVE CHANGED
DUE TO REPRODUCTION
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DEVELOPED FOR:
CITY COMMISSION:
MAYOR: SALLY PHILIPS
VICE MAYOR: ROBERT WELSH
COMMISSIONER: LUIS GIL
COMMISSIONER: JOSH LIEBMAN
COMMISSIONER: WALTER HARRIS
PROJECT No. 215615959
January 8, 2021
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Tree Resource Evaluation for
Marshall Williamson Park, City of South Miami
Prepared for:
City of South Miami
Parks & Recreation Department
5800 SW 66rh Street
Miami, FL 33143
Prepared by:
Jeff Shimonski
President, Tropical Designs of Florida
Member, American Society of Consulting Arborists
ISA Certified Arborist Municipal Specialist FL-1052AM
ISA Tree Risk Assessment Qualification
LIAF Florida Certified Landscape Inspector 2016-0175
305-773-9406
Jeff@TropicaL4rhoriculture.com
November 30, 2020
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 1
55 of 292
Summary
I performed a tree resource evaluation on the property located at 6125 SW 68
Street, South Miami, also known as Marshall Williamson Park. I was onsite
twice during the month of November 2020 to inspect the trees and palms.
The approximate locations of these trees and palms can be found on the
schematic in Appendix B. I am not a licensed surveyor so the numbered
locations of the trees and palms are approximate.
The evaluation in Appendix A includes measurements and a condition rating for
each tree and palm.
I rate trees and palms in accordance with ANSI A300 (Part 5) — 2005, Annex A,
Management Report Information. Trees and palms are rated Good, Moderate or
Poor, see Appendix C. I recommend the removal of trees or palms that I rate as
Poor.
I also followed the Levels and Scope of Tree Risk Assessment from the ANSI
A300 Part 9- 2017: Levels of tree risk assessment; Level 1 limited visual tree risk
assessment, Level 2 basic tree risk assessment, and Level 3 advanced tree risk
assessment. The scope of this report/evaluation was limited to a Level 2
Assessment for all trees and palms onsite.
To perform all measurements, I used a forestry diameter measuring tape and a
measuring wheel. I rounded -off to the nearest inch when measuring trunk
diameter, heights and canopy diameters are approximate.
Appendix D contains the ANSI A300 definitions of Tree Protection Zone (TPZ)
and Critical Root Zone (CRZ).
Any arboricultural work done on trees that extend into the powerlines or are
within 10 feet of an electrical conductor measured radially, the arborist
performing the work must be an Incidental Line Clearance Arborist as identified
by American National Standard ANSI Z133-2017.
Any trees to remain onsite should have their canopies cleared of dead wood and
hazardous branches by an ISA Certified Arborist.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 2
56 of 292
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Photo 6 above is the trunk of tree 6 with two old flush cuts that are now
decaying. Flush cuts are against ANSI A300 Standards and ISA Best Management
Practices. I recommend the removal of this tree. The orange knife is 7 inches
long.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 10
64 of 292
Photo 7 above is tree 7.1 have included this recently installed tree because it
still has the nursery stake attached which should have been removed upon
installation. This tree also has several codominant branch connections with high
aspect ratios. If left on this tree, these will be points of failure in the future.
All trees when installed should be inspected for corrective structural pruning i.e.
reduction of codominant branches, otherwise in the future they will become the
sites of massive branch failures or large branch cuts that will initiate decay.
Marshall William Park City of South Miami
Tropical Designs of Florida Page 11
65 of 292
Photo 8 above is tree 8. All hanging branches that are below 15 feet above
grade should be removed for vehicle clearance. Large mature trees such as this
one would benefit from reduction pruning of the longest lateral and vertical
branches. Removal should be no more than 15 to 18 feet of each branch. This
tree should not be topped! This is selective reduction pruning.
All dead wood in the canopy of this tree should be removed. See following
photo.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 12
66 of 292
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Photo 10 above is palm 9.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 14
68 of 292
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Photo 12 above is trees 11 & 12. Large mature trees such as these would benefit
from reduction pruning of the longest lateral and vertical branches. Removal
should be no more than 15 to 18 feet of each branch. These trees should not be
topped! This is selective reduction pruning.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 16
70 of 292
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Photo 14 above is a closer view of the trunks and exposed structural roots of
trees 11 & 12. It is critical to the stability and health of these trees that large
structural roots are not severed to repair concrete pathways or pads. The
sidewalks should be re-routed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 18
72 of 292
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Photo 22 above is tree 18. The canopy appears to be healthy and vigorous. I
noted no significant branch die -back. See following photos.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 26
80 or 292
Photo 23 above is tree 18 viewed from the west. The trunk and root collar
appear healthy. See following photo for a close-up of the circled area on this
trunk.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 27
81 of292
Photo 24 above is the trunk/root collar of tree 18 with the fungal fruiting bodies
of an Inonotus species, possibly 1. hispidus. While the appearance of the fruiting
bodies of a decay fungus should be noted, the vigor of this tree indicates that
any decay many not be substantial and may not be affecting the structure of
this tree currently.
I recommend a Level 3 assessment of this tree with a tomographic device within
the next year to aid in establishing an inspection protocol for this tree.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 28
82 of 292
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Photo 27 above is tree 21. Branches less than 15 feet above grade should be
removed and over -extended branches (see arrow) should be reduced 15 to 18
feet.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 31
85 of 292
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Photo 34 above is tree 27. 1 noted no signs of decay, cavities, or fungal fruiting
bodies on the root collar or trunk.
Large mature trees such as this one would benefit from reduction pruning of the
longest lateral and vertical branches. Removal should be no more than 15 to 18
feet of each branch. This tree should not be topped! This is selective reduction
pruning.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 38
92 of 292
Photo 36 above is trees 28, 29 & 30.
Tree 30 would benefit from reduction pruning of the longest lateral and vertical
branches. Removal should be no more than 15 to 18 feet of each branch. This
tree should not be topped! This is selective reduction pruning.
Marshall William Park City of South Miami
Tropical Designs of Florida Page 40
94 of 292
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Photo 37 above is trees 28 & 29. These trees are not growing vigorously due to
the larger trees above them. I recommend the removal of these two trees.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 41
95 of 292
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Photo 45 above is the root collar of tree 37 showing large severed roots.
It is critical to the stability and health of these trees that large structural roots
are not severed to repair concrete pathways or pads. The sidewalks should be
re-routed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 49
103 of 292
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Photo 57 above is tree 47 occluding the fence. 1 recommend the removal of this
:ree.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 61
115 of 292
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Photo 61 above is tree 50.
Marshall William Park City of South Miami
Tropical Designs of Florida Page 65
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Photo 65 above is tree 54 viewed from the west. This tree has received severe
utility pruning and has heavy over -extended branches growing to the north.
This tree should be considered for removal.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 69
123 of 292
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Photo 66 above is tree 55 that is growing into the powerlines above. This tree
should be considered for removal.
The trees located between the roadside curb along SW 601h court and the
sidewalk are planted in an area that is too small to contain the root plates or
critical root zones of these trees. This can be noted by the new sidewalk
sections and some of the very over -cut large roots and root collars that can be
seen here.
Marshall William Park City of South Miami
Tropical Designs of Florida Page 70
124 of 292
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Photo 71 above is the damaged trunk of tree 58 adjacent to the new sidewalk
which likely removal significant roots. This tree should be considered for
removal.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 75
129 of 292
77
kvr.
oo
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ter_
Photo 75 above is the heavily cut root collar/critical root zone of tree 61. This
tree should be removed.
It is critical to the stability and health of these trees that large structural roots
are not severed to repair concrete pathways or pads. The sidewalks should be
re-routed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 79
133 of 292
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Photo 79 above is trees 69, 70 & 71 adjacent to a newly installed sidewalk. If
these trees had a significant amount of structural roots removed for sidewalk
replacement, then these trees should be removed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 83
137 of 292
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Photo 83 above is the severely cut root collar of tree 74. This tree should be
removed as soon as possible.
It is critical to the stability and health of these trees that large structural roots
are not severed to repair concrete pathways or pads. The sidewalks should be
re-routed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 87
141 of 292
Photo 85 above is tree 78 with cut and dead structural roots indicated. If a
significant amount of structural roots were removed for the sidewalk
replacement, then this tree should be removed.
It is critical to the stability and health of these trees that large structural roots
are not severed to repair concrete pathways or pads. The sidewalks should be
re-routed.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 89
143 of 292
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Appendix — A -Measurements and condition rating
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Scientific name
Roystonea regia
Roystonea regia
Swietenia mahagoni
Swietenia mahagoni
Quercus virginiana
Millettia pinnata
Quercus virginiana
Delonix regia
Roystonea regia
Swietenia mahagoni
Bucida buceras
Bucida buceras
Swietenia mahagoni
Swietenia mahagoni
Swietenia mahagoni
Quercus virginiana
Tabebuia heterophylla
Quercus virginiana
Bauhinia purpurata
Quercus virginiana
Delonix regia
Quercus virginiana
Quercus virginiana
Swietenia mahagoni
Quercus virginiana
Quercus virginiana
Quercus virginiana
Quercus virginiana
Quercus virginiana
Delonix regia
Bucida buceras
Tabebuia heterophylla
Bucida buceras
Ficus aurea
Tabebuia heterophylla
Mangifera indica
Bucida buceras
Tabebuia heterophylla
Quercus virginiana
Common name
DBH
H
Canopy
Royal palm
20"
50'
18'
Royal palm
16"
40'
28'
Mahogany
13"
60'
35'
Mahogany
22"
55'
30'
Live oak
8"
30'
26'
Pongam
15"
30'
35'
Live oak
4"
16'
12'
Royal poinciana
65"
35'
60'
Royal palm
16"
55'
26'
Mahogany
16"
30'
35'
Black olive
24"
65'
45'
Black olive
28"
70'
65'
Mahogany
18"
70'
45'
Mahogany
18"
45'
35'
Mahogany
16"
28'
35'
Live oak
15"
50'
40'
Purple trumpet tree
15"
40'
25'
Live oak
35"
70'
75'
Hong Kong orchid
24"
45'
55'
Live oak
21"
60'
42'
Royal poinciana
38"
45'
80'
Live oak
8"
35'
20'
Live oak
11"
40'
35'
Mahogany
23"
30'
28'
Live oak
32"
70'
70'
Live oak
9"
25'
12'
Live oak
36"
70'
80'
Live oak
15"
25'
30'
Live oak
14"
20'
25'
Royal poinciana
29"
60'
75'
Black olive
14"
60'
32'
Purple trumpet tree
16"
50'
35'
Black olive
23"
70'
50'
Strangler fig
44"
60'
65'
Purple trumpet tree
18"
60'
45'
Mango
44"
65'
50'
Black olive
21"
60'
55'
Purple trumpet tree
30"
40'
40'
Live oak
12"
35'
25'
Condition
Poor
Good
Good
Good
Good
Poor
Good
Moderate
Good
Good
Good
Good
Good
Good
Good
Moderate
Moderate
Moderate
Poor
Good
Moderate
Moderate
Moderate
Good
Good
Poor
Good
Moderate
Moderate
Moderate
Moderate
Moderate
Good
Good
Good
Good
Good
Good
Poor
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 94
148 of 292
40
Quercus virginiana
Live oak
9"
35'
15'
Dead
41
Quercus virginiana
Live oak
14"
50'
45'
Moderate
42
Delonix regia
Royal poinciana
51"
50'
80'
Moderate
43
Bucida buceras
Black olive
33"
40'
65'
Good
44
Quercus virginiana
Live oak
9"
30'
30'
Poor
45
Delonix regia
Royal poinciana
23"
45'
80'
Moderate
46
Millettia pinnata
Pongam
21"
40'
55'
Poor
47
Terminalia catappa
Tropical almond
27"
40'
60'
Moderate
48
Terminalia catappa
Tropical almond
32"
70'
75'
Moderate
49
Swietenia mahagoni
Mahogany
26"
65'
55'
Moderate
50
Callistemon viminalis
BoLdebrush
17"
24'
28'
Moderate
51
Quercus virginiana
Live oak
42"
65'
75'
Good
52
Mangifera indica
Mango
19"
70'
45'
Moderate
53
Swietenia mahagoni
Mahogany
28"
70'
S0'
Good
54
Swietenia mahagoni
Mahogany
34"
35'
S0'
Moderate
55
Swietenia mahagoni
Mahogany
14"
25'
22'
Moderate
56
Swietenia mahagoni
Mahogany
11"
40'
28'
Moderate
57
Swietenia mahagoni
Mahogany
12"
35'
35'
Moderate
58
Swietenla mdlidgu11i
Mahogany
13"
40'
30'
Puor
59
Swietenia mahagoni
Mahogany
9"
28'
22'
Poor
60
Swietenia mahagoni
Mahogany
16"
40'
38'
Moderate
61
Bucida buceras
Black olive
20"
60'
48'
Poor
62
Swietenia mahagoni
Mahogany
10"
35'
18'
Poor
63
Bucida buceras
Black olive
14"
60'
35'
Moderate
64
Swietenia mahagoni
Mahogany
7"
35'
30'
Moderate
65
Bucida buceras
Black olive
14"
65'
S0'
Moderate
66
Swietenia mahagoni
Mahogany
15"
35'
30'
Moderate
67
Swietenia mahagoni
Mahogany
14"
45'
40'
Moderate
68
Swietenia mahagoni
Mahogany
17"
35'
18'
Poor
69
Swietenia mahagoni
Mahogany
21"
50'
30'
Moderate
70
Swietenia mahagoni
Mahogany
12"
40'
30'
Moderate
71
Swietenia mahagoni
Mahogany
15"
40'
30'
Moderate
72
Swietenia mahagoni
Mahogany
14"
35'
30'
Moderate
73
Swietenia mahagoni
Mahogany
lilt
35'
25'
Moderate
74
Bucida buceras
Black olive
28"
55'
50'
Poor
75
Swietenia mahagoni
Mahogany
14"
45'
35'
Poor
76
Swietenia mahagoni
Mahogany
14"
40'
25'
Moderate
77
Bucida buceras
Black olive
22"
50'
40'
Moderate
78
Swietenia mahagoni
Mahogany
10"
28'
20'
Moderate
79
Bucida buceras
Black olive
24"
55'
40'
Poor
80
Swietenia mahagoni
Mahogany
list
35'
25'
Moderate
81
Swietenia mahagoni
Mahogany
15"
30'
28'
Moderate
LUMIII
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 95
149 of 292
82 Swietenia mahagoni Mahogany 13" 30' 20' Moderate
• DBH is measured at 4.5 feet above grade and is rounded -off to the
nearest inch.
• Canopy is approximate and measured in one direction.
The column "H" denotes overall height of trees and palms, and is
approximate.
a I recommend the removal of trees and palms that I rate to be in poor
condition.
Marshall William Park, City of South Miami
Tropical Desi ns of Florida Page 96
1500 292
Appendix — B — Approximate tree and palm locations
„-. p - -- a 11i— II GRAPItlCSCMLE
R P
IIYI M.M. �
41 �x I
t sa
s2
h.
c{{
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I
� • mn au nv,
� `
u
u
49
6 C
�. �. .
67,
41 le
y �
38
I'
IlE 31
i 37 ,�3 30
_J 32 _
. 66 I'I 2928 ,
114E , 4
IG
The red numbers above show the approximate locations of the trees
and palms assessed in this document. I am not a licensed surveyor.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 97
151 of 292
ADDendix — C - ANSI A300 (Part 5) - 2005, Annex A
Management report information
Examples of suitability ratings
Good: These are trees with good health and structural stability that have the potential for
longevity at the site.
Moderate: Trees in this category have fair health and/or structural defects that may be
abated with treatment. Trees in this category require more intense management and
monitoring, and may have shorter life -spans than those in the "good" category.
Poor: Trees in this category are in poor health or have significant defect s in structure that
cannot be abated with treatment. These trees can be expected to decline regardless of
management. The species or individual tree may possess either characteristics that are
undesirable in landscape settings or be unsuited for use areas.
Appendix — D — Critical Root Zone and Tree Protection Zone
ANSI A 300 (Part 5) — 2012 Management of Trees and Shrubs during Site Planning, Site Development and
Construction
Critical Root Zone (CRZ): The minimum volume of roots necessary to have for tree health and stability.
Tree Protection Zone (TPZ): The area surrounding a tree defined by a specified distance, In which excavation and
other construction — related activities should be avoided. The TPZ is variable depending on species, factors, age
and health of the plant, soil conditions, and proposed construction. The zone may be accomplished by physical
barriers or soil protection layers or treatments.
ANSI A300 (Part 5) — 2012 54.7
A tree protection zone (TPZ) shall be delineated around all trees to be protected during a project
e 54.7.1 The area and dimensions of the TPZ should be calculated on the basis of species tolerance, age,
and health, root structure, rooting depth and soil conditions.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 98
152 of292
Appendix - E - Tree pruning specifications and recommendations
Scienifc name
Tree prunine recommendations_
Approved Action by City
1 Roystonea regia
Remove due to severe nutrient deficiency
No removal. Leave as -is.
2 Roystonea regia
No pruning only remove dead fronds
Yes
3 Swietenia mahagoni
Only remove dead wood and branches
Yes
4 Swietenia mahagoni
Only remove dead wood and branches
Yes
5 Quercus virginiana
Only remove dead wood and branches
Yes
6 Millettia pinnata
Remove
No. Leave as -is.
7 Quercus virginiana
Remove staking
Yes
Remove dead wood and branches provide
Yes
8 Delonix regia
clearance up to 15 feet above driveway and
9 Roystonea regia
No pruning only remove dead fronds
Yes
10 Swietenia mahagoni
Only remove dead wood and branches
Yes
11 Bucida buceras
Reduce 10 longest vertical branches 15 to 18
Yes
feet
12 Bucida buceras
Reduce 10 longest vertical branches 15 to 18
Yes
feet
13 Swietenia mahagoni
Reduce 10 longest vertical branches 15 to 18
Yes
feet
14 Swietenia mahagoni
Reduce 10 longest vertical branches 15 to 18
Yes
feet
15 Swietenia mahagoni
Only remove dead wood and branches
Yes
16 Quercus virginiana
Reduce longest vertical branches up to 15 feet
Yes
17 Tabebuia heterophylla
Only remove dead wood and branches
Yes
18 Quercus virginiana
Only remove dead wood and branches
Yes
19 Bauhinia purpurata
Remove
Yes
20 Quercus virginiana
Only remove dead wood and branches
Yes
Remove dead wood and branches and reduce
Yes
21 Delonix regia
longest lateral branch as shown on page
22 Quercus virginiana
This tree should be considered for removal
Selective/Corrective Pruning Only
23 Quercus virginiana
Only remove dead wood and branches
Yes
24 Swietenia mahagoni
Only remove dead wood and branches
Yes
Reduce 15 longest vertical branches 10 to 15
Yes
25 Quercus virginiana
feet and removal dead wood
26 Quercus virginiana
Remove
Yes - remove.
Reduce 15 longest vertical branches 10 to 15
Yes
27 Quercus virginiana
feet and removal dead wood
28 Quercus virginiana
This tree should be considered for removal
Selective Pruning Only
29 Quercus virginiana
This tree should be considered for removal
Selective Pruning Only
30 Delonix regia
Only remove dead wood and branches
Yes
31 Bucida buceras
Only remove dead wood and branches
Yes
32 Tabebuia heterophylla
Only remove dead wood and branches
Yes
153 of 292
99
Appendix - E - Tree pruning specifications and recommendations
Scienifc name
Tree pruninx recommendations
Approved Action by City
33
Bucida buceras
Only remove dead wood and branches
Yes
34
Ficus aurea
Only remove dead wood and branches
Yes
35
Tabebuia heterophylla
Only remove dead wood and branches
Yes
36
Mangifera indica
Only remove dead wood and branches
Yes
37
Bucida buceras
Only remove dead wood and branches
Yes
38
Tabebuia heterophylla
Only remove dead wood and branches
Yes
39
Quercus virginiana
Remove
No. Selective Pruning Only.
40
Quercus virginiana
Remove
Yes - remove.
41
Quercus virginiana
Only remove dead wood and branches
Yes
42
Delonix regia
Only remove dead wood and branches
Yes
43
Bucida buceras
Only remove dead wood and branches
Yes
44
Quercus virginiana
Remove
No
Reduce 15 longest vertical branches 10 to 15
4S
Delonix regia
Yes
feet and removal dead wood
46
Millettia pinnata
Remove
No. Pruning required.
47
Terminalia catappa
This tree should be considered for removal
No. Leave as -is.
48
Terminalia catappa
This tree should be considered for removal
No. Leave as -is.
49
Swietenia mahagoni
Only remove dead wood and branches
Yes
50
Callistemon viminalis
Only remove dead wood and branches
Yes
51
Quercus virginiana
Only remove dead wood and branches
Yes
This tree should be reduced approximately 20
52
Mangifera indica
Yes
to 25 feet in height
Reduce longest vertical branches up to 15 to
53
Swietenia mahagoni
Yes
18 feet, remove all dead wood
54
Swietenia mahagoni
This tree should be considered for removal
Leave as -is
55
Swietenia mahagoni
This tree should be considered for removal
Leave as -is
56
Swietenia mahagoni
Remove
No. Leave as -is
57
Swietenia mahagoni
Remove
No. Leave as -is
58
Swietenia mahagoni
Remove
No. Leave as -is
59
Swietenia mahagoni
Remove
No. Leave as -is
60
Swietenia mahagoni
Only remove dead wood and branches
Yes.
61
Bucida buceras
This tree should be considered for removal
No. Leave as -is
62
Swietenia mahagoni
Remove
No. Pruning required.
63
Bucida buceras
This tree should be considered for removal
Leave as -is
64
Swietenia mahagoni
This tree should be considered for removal
Leave as -is
65
Bucida buceras
This tree should be considered for removal
Leave as -is
66
Swietenia mahagoni
This tree should be considered for removal
Leave as -is
154 of 292
� OO
Appendix - E - Tree pruning specifications and recommendations
Sclenifc name
67 Swietenia mahagoni
68 Swietenia mahagoni
69 Swietenia mahagoni
Tree pruning recommendations_
Reduce longest vertical branches up to 15 feet
Remove
This tree should be considered for removal
70 Swietenia mahagoni This tree should be considered for removal
Approved Action by City
Leave as -is
Yes - remove.
Leave as -is
Leave as -is
71 Swietenia mahagoni
This tree should be considered for removal
Leave as -is
72 Swietenia mahagoni
This tree should be removed
Leave as -is
73 Swietenia mahagoni
This tree should be considered for removal
Leave as -is
74 Sucida buceras
Remove
No. Pruning required.
75 Swietenia mahagoni
Remove
No. Pruning required.
76 Swietenia mahagoni
This tree should be considered for removal
No. Leave as -is
Reduce longest vertical and lateral branches 15
Yes
77 Bucida buceras
to 18 feet, remove all dead wood
Reduce longest vertical and lateral branches 15
Yes
78 Swietenia mahagoni
to 18 feet, remove all dead wood
79 Bucida buceras
Remove
No. Leave as -is
Reduce longest vertical and lateral branches 15
Yes
80 Swietenia mahagoni
to 18 feet, remove all dead wood
Reduce longest vertical and lateral branches 15
Yes
81 Swietenia mahagoni
to 18 feet, remove all dead wood
82 Swietenia mahagoni
This tree should be considered for removal
No. Leave as -is
155 of 292
/D/
Appendix — F - Assumptions and Limiting Conditions
Tropical Designs of Florida, Inc.
Arboricultural and Horticultural Consulting
Qualifications, Assumptions, and limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are
assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under
responsible ownership and competent management.
All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.
Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible
for the accuracy of information provided by others.
The consultant shall not be required to give testimony or to attend meetings, hearings, conferences, mediations,
arbitrations, or trials by reason of this report unless subsequent contractual arrangements are made, including
payment of an additional fee for such services.
This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant's
fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a
subsequent event.
Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale,
and should not be construed as engineering or architectural reports or surveys. The reproduction of information
generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for
coordination and ease of reference. Inclusion of said information with any drawings or other documents does not
constitute a representation Tropical Designs of Florida, Inc. as to the sufficiency or accuracy of said information.
Unless otherwise expressed: a) this report covers only the examined items and their condition at the time of
inspection: and b) the inspection is limited to visual examination of accessible items without dissection,
excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems
or deficiencies of plants or property may not arise in the future.
Marshall William Park, City of South Miami
Tropical Designs of Florida Page j.6T-00j02.
156 of 292
Appendix — G - Certification of Performance
Tropical Designs of Florida, Inc.
Arboricultural and Horticultural Consulting
1, Jeff Shimonski, certify:
• That I have personally inspected the trees and/or the property referred to in this report, and have stated
my findings accurately. The extent of the evaluation is stated in the attached report;
• That I have no current or prospective interest in the vegetation or the property that is the subject of this
report and have no personal interest or bias with respect to the parties involved;
• That the analysis, opinions, and conclusions stated herein are my own;
• That my analysis, opinions, and conclusions were developed and Lhis report has been prepared according
to commonly accepted arboricultural practices;
• That no one provided significant professional assistance to the consultant, except as indicated within the
report;
• That my compensation is not contingent upon the reporting of a predetermined conclusion that favors
the cause of the client or any other party.
I further certify that I am a member of the American Society of Consulting Arborists and acknowledge, accept, and
adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Certified
Municipal Arborist FL-1052AM, am ISA Tree Risk Assessment Qualified and have been involved in the practice of
arboriculture and the study of trees for over forty-five years.
Signed:9�6 454�",#Z�
Doted: November30, 2020
Marshall William Park, City of South Miami
Tropical Designs of Florida Page 0
157 of 292
EXHIBIT 2
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
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/sub-consultant, 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 CITY'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
Sub-contractor/sub-consultant 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 Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liabilitv 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;
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• 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
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
[hjury 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 Sub-contractor/sub-consultant 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 Sub-
contractor/sub-consultants 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.
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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 FIRM's 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 endorsement with substantially 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
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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 attorney's 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/sub-contractor/sub-consultant 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/sub-consultant 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/sub-contractor/sub-consultant 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/sub-contractor/sub-consultant 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 and its agencies, 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
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EXHIBIT 4
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
RFP #PR2021-37
SECTION 3 REQUIREMENTS FOR PROCUREMENT CONTRACTS
"CDBG Federal Grant Requirements, Public Housing & Community Development
Federal Labor Standards & Section 3 Requirements."
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MUNI6DADE000MIY
PUBLIC HOUSING AND
COMMUNITY DEVELOPMENT
ATTACHMENT
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FEDERAL LABOR STANDARDS AND
SECTION 3 REQUIREMENTS
Agency Name:
City of South Miami
Project Name:
Marshall Williamson Park Crime Prevention Through Environment
Design CPTEDI Project
Project Address:
6100 SW 67th Avenue, South Miami, FL 33143
Prepared by: Letitia S. Goodson
Date: 02/23/2021
Page 1 of 56
158_of 292
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 CONTRACTORS CONSTRUCTION EXPERIENCE ......................................................................
5
CERTIFICATIONOF RECEIPT................................................................................................................................
7
INSURANCEREQUIREMENTS...............................................................................................................................
8
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS...............................................................................
10
AcquisitionThreshold............................................................................................................................
30
TerminationClauses 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 (ED 1549&11689)....................................................................................13
ByrdAnti -Lobbying Amendment...........................................................................................................13
NONCOLLUSION AFFIDAVIT .....................................................................................................................................
14
CER71FICATION REGARDING LOBBYING.....................................................................................................................
15
AFFIRMATIVE ACTION STANDARDS...........................................................................................................................
16
OTHER REQUIRED CERTIFICATIONS..........................................................................................................................
21
Equal Employment Opportunity (ED 10925,11114, & 11246)•..•...••.............•••••.••..•........•.......••.••••••...••••
21
Affirmative Action (41 CFR 60-1 & 60-2)....................................................................................................
21
Copeland Anti -Kickback (24 CFR port 85.36)..............................................................................................
22
Disclosure forAnticipated Debarment........................................................................................................22
NondiscriminationClause............................................................................................................................
22
AgeDiscrimination Act of 1975...................................................................................................................
23
Section 504 of the Rehabilitation Act of 1973............................................................................................
23
Debarment Suspension, Ineligibility and Voluntary Exclusion..................................................................23
DRUG -FREE WORKPLACE CERTIFICATION..................................................................................................................
25
INSTRUCTIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ..................................
27
EQUAL EMPLOYMENT OPPORTUNITY FOR SPECIAL DISABLED VETERANS........................................................................
29
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.............................................................................................
32
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION (EO 11246).............................................................................
34
STANDARD FEDERAL EQUAL EM PLOYMENT CONTRACT SPECIFICATIONS........................................................................
37
EQUAL EMPLOYMENT FOR CONTRACTS SUBJECT TO EO 11246..................................................................................
42
CERTIFICATION FOR NONSEGREGATED FACILITIES.......................................................................................................
44
NOTICE OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES............................................................
45
NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR AND EPA REGULATIONS (EO 11738)....................................
46
SWORN STATEMENT —PUBLIC ENTITY CRIMES..........................................................................................................
47
PHCD AGREEMENT TO AUTHORIZE ExAMINATION OF RECORDS..................................................................................
50
SECTION 3 APPUCABLE FEDERAL REGULATIONS (TITLE 24, CODE OF FEDERAL REGULATIONS, PART 135) ..........................
51
SECTION 3 INFORMATION...............................................................................................................................................53
Assurance of Compliance with Section 3 (form)...................................................................................................55
Bidder's Initial Section 3 Goals (form)............................................................................................................
56
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 - DOCUMENT 00400
CONTRACTOR/SUBCONTRACTOR ESTIMATED PROJECT WORK FORCE BREAKDOWN - DOCU MENT 00450
TRAINING AND EMPLOYMENT OUTREACH - DOCUMENT 00403
Page 2 of 56
169 of 292
SECTION 3 LANGUAGE FOR NEWS ADS, FLYERS, AND JOB NOTICES -DOCUMENT 00404
LETTER OF INTENT TO SUBCONTRACT/SOUCIT 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-DOCUMENT00401
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 UST —DOCUMENT 00452
CONTRACTOR/SUBCONTRACTOR CERTIFICATION —DOCUMENT 00453 (IF APPLICABLE)
DAvis BACON WAGE DECISION...............................................................................................................................ATTACHMENT A
FL20210178 M0D#0 01/01/2021 -HIGHWAY
FEDERAL LABOR STANDARDS PRovisioN (HUD 4010)................................................................_.........................ATTACHMENT B
Page 3 of 56
170 oT 282
NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S)
This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing
and Community Development with Federal funding from Community Development Block Grant
and as such bidder must comply with Presidential Executive Order 11246, as amended; by
Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act
of 1968, as amended; the Copeland Anti -Kickback Act; the Contract Work Hours and Safety
Standards Act and all other applicable federal, state and local ordinance.
The bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must
ensure that employees are not discriminated because of race, color, religion, sex or national
origin.
This projectlactivitylsolicitation, in whole or in part, may be 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.
Page 4 of 56
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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:
I A Native Tree Service, Inc
Z.
Sub -contractor Address: 15733 SW 117 Avenue Miami, FL 33177
Phone: 305-238-1178 1 Email address: nativetree@nativetree.com
-.
Name of each owner, principal officer, partner, etc.
Angela Tomasetti
Dayne Tomasetti
4.
Minority
Business?
U I
Yes
DO I
No
I Women -owned Business?
Yes
Ll
No
5. Company Qualifier:
6. Years in Business: 135 years
-r.
U.S. Treasury Number. (Employers Identification number; Federal Social Security number used on Employers
quarterly Federal Tax/return, U.S. Treasury Department.
CC# License Number:
State: FL
EIN#
59-2613393
3.
Contractor's Certification Categories:
3.
1Contracts completed in the last five years (include the months and year completed, use additional pages, if
needed)
2roiect
Duration (months years)
Year Completed
Fuchs Park
2 months
2021
Lot Clearing - MCC - PHCD
1 month
2021
Azcaya Museum and Gardens
18 months
annual contract
Fort of Miami
2 months
2020
Page 5 of 56
_. _ .172 OJ 292
10.
1Contractors on -going construction projects (Schedule these, showing gross amount of each contract and the
approximate anticipated dates of completion).
Project
Current Duration (months vearsl
Anticipated Completion Date
MDC Parks Maintenance ($483,900)
2 years
2023
11.
Have you ever defaulted on a Contract? ❑ Yes ®No Please ex lain.
12.
The subcontractor promises to defend, indemnify and hold harmless th�"yg8pup1A (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 th`41'"(name of agency) in verification of the
recitals comprising this statement of bidder's experience
(initials)
Sworn to and subscribed before me this 2nd day of June 20 71
Date
By , and Is personally known to me or has presented
(AfOant) Angela Tomasetti
n/a as identification.
(Type of Identification)
HG 005570
(Signature of Notary) (Serial Number)
Cathy Evensen 8/16/2024
(Print or Stamp Name of Notary) (Expiration Date)
Notary Public Notary Seal
Page 6 of 56
173 of 292_ _
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
_MARSHALL WILLIAMSON PARK CRIME PREVENTION THROUGH ENVIRONMENT
DESIGN (CPTED) project IN. O W.i )
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 FL20210178 MOD #0 01/01/2021 - 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 _ FL20210178
MOD 40 01/O1/2021 -HIGHWAY for this project.
Agency Name: Employer ID #/FID #:
Unitec Inc. 65-0817802
Full Address (including City, ST and Zip) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name:
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable:
X Contractor
_ Subcontractor
other
Page 7 of 56
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Title:
President
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 Builders 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 56
175L292
IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value
Builders Risk" which may be dropped after substantial completion.
The Contractor shall also keep all Insurance required by contract, except "Completed Value Builders 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 withoutthirty (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 56
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 11 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 56
- -- -- 177 of 292
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 Miaml-Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any Individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
Page 11 of 56
_--_._178 of 292
(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 su brecipient 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
NumberFL20210178 MOD #0 01/01/2021- 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). Under40 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
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
Page 12 of 56
_. _ _179 of 292 _ _ _
(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 orsubrecipient 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 AlrAct (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 46.
(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 56
180912a2 - - - _--
NONCOLLLISION AFFIDAVIT
STATE OF: Florida
COUNTY OF: Miami -Dade
Kati uska Hurles being first duly sworn, deposes and says that:
(1) He/she Is President of Unitec Inc. the Bidder
that has submitted the attached Bid.
(2) Bidder has been fully informed regarding the preparation and contents of the attached Bid
and of all pertinent circumstances regarding such Bid;
(3) Such Bid is genuine and is not a collusion or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in Interest, including this affiant has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a
collusive 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
City of South Miami (Local Public Agency) or any person interested in the proposed
contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of
Its agents, representatives, owners, employees, or Eies in interest, i cluding this affiant.
(SIGNED) '
President
Title
Subscribed and sworn to before me this
1st dayof June 2o21
Le1S1: e G �nZ�ir¢z
My commission expires: 11/5/2024
Page 14 of 56
181 of 292
=8!Wdd
IJE GONZALEI
lic - State of Florida
sion F HH 060775
Expires Nov S, 2024
National Notary Assn.
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 #:
Unitec Inc. 65-0817802
Full Address (Including City. ST and ZIW and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name: Title:
Katiuska Hurles President
Date: I June 1, 2021
Check one, as applicable:
X Contractor subcontractor Other
Page 1s of 56
162 of 292
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 contractors 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 56
103 of 292
(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 contractors efforts to meet Its obligations.
To Demonstrate Compliance:
Contractors must have copies of letters sent to verify claim that the union is impeding the
contractors efforts to comply.
S. Contractors must develop on-the-job training opportunities or participate in training programs forthe
area that expressly includes minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the contractors 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 requestingthelr 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
contractors 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 polity 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
Page 17 of 56
164OUO2 _
maintain it to identify the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the
time and place of meeting, persons attending, subject matter discussed, and disposition of subject
matter.
8. Contractors must disseminate their EEO policies externally by including it in any advertising in the
news media, specifically including minority and women's policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
To Demonstrate Compliance:
Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new
major contract, to all recruiting sources (including labor unions and training programs) requiring
compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters
to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance
with the policy.
9. Contractors must direct recruitment efforts, both oral and written, to minority, women and
community organizations, to schools with minority and women students, and to minority and
women's recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one (1) month prior to the date for acceptance of applications for
apprenticeship or other training by any recruitment source, the contractor will send written
notification to such organizations, describing the openings, screening procedures, and tests to be used
in the selection process.
To Demonstrate Compliance:
Contractors must have written records of contacts (written communications, telephone calls, or
personal meetings) with minority and women's community organizations and recruitment's sources,
and schools and training organizations, specifying the date(s), individuals contacted, results of the
contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1)
month prior to the acceptance of applications for training (apprenticeship or other) describing the
openings, screening procedures, and tests to be used in the selection process.
10. Contractors must encourage minority and women employees to recruit other minority persons and
women and provide, where reasonable, school, summer and vacation employment to minority and
female youth both on -site and in other areas of the workforces.
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 to of 56
185 of 292
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 56
_ ___ _ 186_of292
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 polity 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.
morals
Page 20 of 56
187 of292__.
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 X 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 by the Government setting for the provisions
of the nondiscrimination clause. The contractor shall state that all qualified candidates will
receive consideration for employment without regard to race, color, religion, sex, or national
origin.
For Contracts who are subject to Executive Order 11246, see page 42-43.
B. AFFIRMATIVE ACTION
The bidder represents that he has( ) has not (4, participated in a previous contractor 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 X 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 ()I, filed with the Joint Reporting Committee, the
Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity
Commission (EEOQ all reports due under the applicable filing requirements; and that
Page 21 of 56
188.of 292_ — ._
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:
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 MIAMI-
DADE COUNTY AT TIME OF AWARD.
This certification applies to a contract or subcontract in excess of $25,000
By submission of an offer, the bidder certifies that it has provided full disclosure in writing to
City of South Miami (name of implementing agency) whether as of the anticipated time
of award of any contract resulting from this solicitation; it anticipates that it or its principals will
be debarred, or proposed for debarment by the Federal Government State of Florida. or Miami -
Dade County.
By commencing performance of the Contract work, the selected contractor certifies that it has
made full disclosure in writing to City of South Miami (name of implementing agency) as to
whether as of the time of award it or any of Its principals is debarred, suspended, or proposed for
debarment by the Federal Government State of Florida. or Miami -Dade County.
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.
Page 22 of 56
189of292
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.
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 lowertier 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 ordestruction 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:
Unitec Inc.
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Employer ID #/FID #:
65-0817802
Page 23 of 56
190 of 292
Print Name:
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor
Tide:
President
Page 24 or 56
Other
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 polity 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 25 of 56
192 of 292 _. ___—
(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 0 if there are workplaces on file that are not identified here.
Agency Name:
Unitec Inc.
Full Address fincludinit Cltv. ST and ZID) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name:
Katiuska Hurles
Date; I June 1, 2021
Check one, as applicable:
XContractor Subcontractor _ Other
Page 26 of 56
7 N of 222_
Employer ID q/FlD k:
65-0817802
President
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 anytime the prospective lower tier participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
S. 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 27 of 56
-- 194.oL2W __
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 #:
Unitec Inc. 65-0817802
Full Address lincludina City. ST and ZID) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name: Tkh:
Katiuska Hurles President
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor Other
Page 28 of 56
195 of 292__
EQUAL EMPLOYMENT OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
L) 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 applicatlon procedures;
ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right
of return from layoff and rehiring;
Ill. 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;
Al. 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;
vili. 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.
?) 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 contractorfrom any requirements in Executive orders or regulations
regarding nondiscrimination in employment.
A) 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 29 of 56
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 parttime employment.
li. 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.il. 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 30 of 56
197 of 292
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 M/FID p:
Unitec Inc. 65-0817802
Full Address (Including Citv, ST and Zip) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
Khurles@unitecus.com
Authorized Signature:
Print Name: 'title:
Katiuska Hurles President
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor Other
Page 31 of 56
_199Of292_
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;
xili. 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;
xvil. Activities sponsored by the contractor including social or recreational programs; and
xvlii. 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
orvendor. The Contractor will take such action with respect to any subcontract or purchase order as
Page 32 of 56
199 of 292
the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non-compliance
Agency Name: Employer ID fi/FID N:
Katiuska Hurles 65-0817802
Full Address (including City, ST and Zip) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.con-
Authorized Signature:
Print Name:
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable:
X Contractor
Subcontractor
Page 33 of 56
200 of 292
President
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 for the geographical area where the contract resulting from this solicitation
Is to be performed. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor to Contractor
or from project to project for the sole purpose of meeting the Contractor's goals shall be a
Page 34 of 56
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 givingthe 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 Contractorwill 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 orworkers' 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 35 of 56
202 of 292 - - -
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.
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 36 of 56
_.20301292
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, orthe 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 37 of 56
--2D40i292--_-- --
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.
The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractors 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, orwhen the Contractor
has other Information that the union referral process has impeded the Contractor's
efforts to meet its obligations.
Page 38 of 56
205of 29_2_
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 orapproved bythe Department of Labor. The
Contractor shall provide notice of these programs to the sources complied under (7) b
above.
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.
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.
Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3.
Page 39 of 56
206of292
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 40 of 56
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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 polity 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 41 of 56
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 otherforms 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 bythe contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations and orders.
6. In the event of the contractor's noncompliance with the non-discrimination clauses of this
contract or with any of such rules, regulations, or orders, the contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
7. The contractor will Include the portion of the sentence immediately preceding paragraph 1 and
the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted
Page 42 of 66
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 ft/FID p:
Unitec Inc. 65-0817802
Full Address (including City. ST and Zip) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name: Title:'J
Katiuska Hurles President
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor Other
Page 43 of 56
210 of 292
CERTIFICATION OF NONSEGREGATED FACILITIES
1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms
and washrooms, 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 #:
Unitec Inc. 65-0817802
Full Address (including City, ST and Zip) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
Authorized Signature:
Print Name: Title:'
Katiuska Hurles President
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor Other
Page 44 of 56
211 of 292
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON
SEGREGATED FACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities by the Secretary of labor, must be submitted prior to the
award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal
Opportunity Clause. The certification may be submitted eitherforeach subcontract orfor 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:
Unitec Inc.
Full Address fincludine City. ST and Ziol and Email I
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name:
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor
Page 45 of 56
Employer ID q/FID q:
65-0817602
Title:
President
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 (A, 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 Governmentmaydirect as a means of enforcing such provisions.
S. The biddercertiflesthat he/she will complywith 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 #:
Unitec Inc. 65-0817802
Full Address fincludine City, ST and ZID) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com n
Authorized Signature:
Print Name-
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable: X Contractor _
Title.v
President
Subcontractor Other
Page 46 of 56
213 of 292
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 City of South Miami
by Katiuska Hurles, President
For
Unitec Inc.
(Print individual's name and title)
(Print name of entity submitting sworn statement)
whose business address 14250 NE 18 Avenue North Miami, FL 33181
and if applicable its Federal Employer Identification Number (FEIN) is 65-0817802 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
Statutesmeans 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 ajury 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 47 of 56
214 of_292
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.)
x 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 48 of 56
215 of 292
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)
Swam to and subscribed before me this 1st
Personally known to me
Or produced identification
(Type of identification)
Leslie Gonzalez
day of June 2021 .
Notary Public -State of Florida
My commission expires 11/5/2024
(Printed,or_stamped commissioned name of notary public)
r/Xn1!/n�
�$i Y�4rwy LESLIE WNZALEZ
`F Notary PubOo • State of Florida
1 i commission # HH 060775
for nj My Comm. Expires Nov S, 2024
amded through National Notary Ann,
Page 49 of 66
216 of 292 _.._
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 June 1, 2021 and/or for all other third -party agreements/contracts for labor,
materials, and services related to the work covered by this agreement for the NViARSHALL
WILLIAMSON PARK CRIME PREVENTION THROUGH ENVIRONMENT DESIGN
(CPTED) 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 duty 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 project/activity, 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 contract/agreement
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.
Entity Name: Em to er ID #/FID #:
Unitec Inc. 65-0817802
14250 NE 18 Avenue
North Miami. FL 33181
Signature:
Check one, as applicable:
Developer X Prime -Contractor _ Sub -contractor or sub -tier subcontractors
Page 50 of 56
217 of 292...
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 purpose of this part is to establish the standards and procedures to be followed
to ensure that the oblectives 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) Modemization 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); (11) Housing construction; and (ill) Other public construction.
(3) Thresholds — (1) No thresholds for section3 covered oublic 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. Q
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.
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(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.
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SECTION 3INFORMATION
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 ortarget 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.
Outline the anticipated program to be used to achieve the goals for each business and/or
professional category identified. This program should include but not be limited to the following
actions:
I. Insertion In the bid documents, if any, of the affirmative action plan of the applicant,
recipient, contractor, or subcontractor letting the contract; and
Ii. Identification within the bid documents, if any, of the applicable Section 3 project area.
Ill. 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 siening 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 shalladvise
prospective contractors of the requirements of these regulations.
Initials
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-22Q 9f 292--.._ _ --
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 bidders responsiveness to Section 3. A bid which lacks a commitment to Section 3 orwhich
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 categoryover
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 V Court, le Floor
Miami, Florida 33136
Office: 786.4694227
Email: Section3@miamidade.gov
Page 54 of 56
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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 priorto 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 N/FID M:
Unitec Inc. 65-0817802
Full Address (including City, ST and Zi and Email Address
14250 NE 18 Avenue North Miami, FL 33181
Authorized Signature:
Print Name: tle:
Katiuska Hurles President
Date: June 1, 2021
Check one, as applicable:_ Contractor
_subcontractor Other
Page 55 of 56
222 of 292
Awardee/contractor who subcontracts work is required to provide PHCD with a written explanation If the Section 3 minimum
subcontracting goal is not met.
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 SeC0on3amiamidade.gov.
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 Subcontract/Solicit Section 3 Businesses
to all prospective subcontractor businesses for work in connectlon 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. Awantee/contractor 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
Section3(o)miamidade.gov, 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 "ContractonSubcontractor Certification".
Katiuska Hurles
Print Name
(Signature/ Date
President
(305) 947-5226 x101
khurles@unitecus.com
(tie
Phone Number
Email address
Unjtec Inc.
14250 NE 18 AVE North Miami, FL 33181
(Company/Business/Firm Name
Address
BID/RFP Number: PR2021-37
BIDIRFP Name:
a e y ecun y mprovemen s a
Marshall Williamson Park
DOCUMENT REQUIRED WITH BID SUBMISSION FROM BIDDERS WHO HAVE NOT PREVIOUSLY SUBMITTED
PLAN UNDER MCC 7360 PLAN.
235 of 292
All bidders are required to submit this document with the bid package.
Safety & Security Improyernents at
BID/RFP Name: Marshall Williamson Park BID/RFP Number: PR2021-37 Date: 6 / 2 / 2021
Katiuska Hurles Unitec Inc. khuries@unitecus.com (305) 947-5226 x101
Contractor Print Name Contractor Company Name Email address Phone #
A
B
C
D T E I F G
REFER
TO BOX "C" TO COMPLETE BOXES "E' -"G"
Job Category
No. Positions
Occupied by
Permanent
Employees (for on.
lob category)
No. of Positions
Not Occupied
Total
Estimated
Positions
Needed for
Project
(Box B + Box
No. of
Positions to be
Filled with
Section 3
Residents
Pull or Part
time
Indicate if
Permanent,
Temporary or
Seasonal
Office Slupervisor
4
0
0
0
F
P
Office wedcal
9
0
0
0
F
P
Prefe4slonals
0
0
0
0
ervico Workers
0
0
0
0
Trainees
0
0
0
0
Others--(Spectfy Trade orService;
Journeymn or Apprentice)
21
0
0
0
F
P
236 of 292
Page 1 of 6
"General Decision Number: FL20210170 01/01/2021
Superseded General Decision Number: FL20200178
State: Florida
Construction Type: Highway
County: Miami -Dade County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (ED) 13658, an hourly minimum wage
of $20.95 for calendar year 2021 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 ED, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
year 2021. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5. 5(a)(1)(11) for the ED minimum wage rate,
if it is higher than the conformed wage rate). The ED minimum
wage rate will be adjusted annually. Please note that
this ED applies to the above -mentioned types of contracts
entered into by the federal government that are subject
to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the ED is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/01/2021
• ELEC0349-002 09/01/2020
Rates Fringes
ELECTRICIAN ......................$ 36.36 11.82
----------------------------------------------------------------
SUFL2013-039 00/19/2013
Rates
Fringes
CARPENTER ........................
4
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
ATTACHMENT A
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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
cores/barricades/barrels -
Setter, Mover, Sweeper) .......... $ 11.59 0.00
LAEORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor ......................$ 12.31 0.00
LABORER:
Common or General
...... $
10.69
0.00
LABORER:
Flogger ................$
12.53
0.00
LABORER:
Grade Checker ..........
$
12.41
0.00
LABORER: Landscape &
Irrigation .......................$ 9.02 0.00
LABORER: Mason Tender -
Cement/Concrete..................5 13.91 3.50
LABORER: Pipelayer..............$ 15.02 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......
$
16.24
0.00
OPERATOR:
Bobcat/Skid
Steer/Skid
Loader ................$
12.8E
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
OPE:ATOR:
Crane .................$
22.46
0.00
OPERATOR:
Curb Machine ..........
$
20.14
0.00
OPERATOR:
Distributor ...........
$
13.29
0.00
OPERATOR:
Drill .................$
14.78
0.00
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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
':.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
WAIM
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Page 4 of 6
contract is covered by the E0, 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
129CFR 5.5 (a) 11) (11)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is 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. 01/01/2014 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: SULR2012-007 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
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Page 5 of 6
these classifications and rates are based. The next number, 001
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
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 1008 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. 09/29/2014 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
20 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 CPR Part 1.8 and 29 CFR Part 7). Write tof
Wage and Hour Administrator
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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
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Federal Labor Standards Provisions UA Department of Housing
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 then 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)(1i)(b) or (0) 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 N (09l2 )
Previous edttlons are obsolete Page 1 of 5 ral. Handbook 1344.1
252 of 292
of the wages of any laborer or mechanic the amount of any
costa 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-
Becan 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 shell 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 some
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
payr=nt, advance, or guarantee of funds until such
viotalions 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 eo iribulions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in So Ion 1(b)(2)(8) 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 apprenticeehlp 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 OM8 Control Numbers
1216-0140 and 1215-0017.)
(11) (a) The contractor shall submit weekly for each week to
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 shalt set out
accurately and completely all of the information required to
be maintained under 29 CFR 5.518)(3)(1) except that full
social security numbers and home addresses shall not be
Included on weekly transmittals. Instead the payrolls shall
only need to include an Individually Identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired. Optional
Form WH-347 Is available for this purpose from the Wage
and Hour Division Web site at
htto.,#www.dol.aovMsaAvhdItoM&Iwh347insrr.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. 11 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.)
weokiy 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 "3lalement of Compliance," signed by the contractor or
found under 29 CPR 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 1(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
shod that the commitment to provide such benefits is (a)(3)(11), the appropriate Information is being maintained
enforceable. that the plan or program is financially under 29 CFR 5.5(a)(3)(1). and that such Information is
responsible, and that the plan or program has been correct and complete;
ed ns are obsok6 form HUD4010tzo
Page 2 of 5 ref. Handbook 1344.1
253 of 292
(2) That each laborer or mechanic (including each helper.
apprentice. and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly
from the full wages earned, other than permissible
deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed. as
specified In Me 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 Stales Code.
(ill) The contractor or subcontractor shall make the records
required under subparagraph A.3.(1) 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 Slate Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered In the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classittcation shall not be
greater than the ratio permitted to the contractor as to the entire work
torte under the registered program. Any worker listed an a payroll at
an apprentice wage rate who
Is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determinallon 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 apprentico'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 lose than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(it) Trainees. Except as provided in 29 CFR 5.18.
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they
are employed pursuant ',to and individually registered in
a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor.
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified In the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating In a training plan approved by
Previous editions are obsolete form HUD4010 (OWMI9)
Page 3 of 5 ref. Handbook 1344.1
254 of 292
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 shell be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
oven! the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be
permuted to utilize trainees at toss than the applicable
piederermined rate for the work performed until an acceptable
program is approved.
(III) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be In conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30,
It. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are Incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
Insert In any subcontracts the clauses contained in
subparagraphs 1 through 11 In this paragraph A and such
other clauses as HUD or its designee may by appropriate
Instruclions require, and a copy of the applicable
prevoiling wage decision, and also a clause requiring the
subcontractors to Include these clauses In any lower tier
subcontracls. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses In this
paragraph.
T. 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 laborstandanfs. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes
between the contractor (or any of Its subcontractors) and
HUD or its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (I) 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(s)
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.
(fi) 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 (else statements Is prescribed
In the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 Of 0, Title 18, U.S.C.,
'Federal Housing Administration transactions', provides In
part: 'Whoever, for the purpose of ... Influencing in any
way this action of such Administration ......................... makes. Were of
publishes any statement knowing the seine to be false .........................
shall be fined not more then 55,D00 or imprisoned not more
then two years, of both.'
11. Complaints, Proceedings, or Testimony by
Employees. No laborer of 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 thls paragraph B are applicable where the amourd of the prime
contract exceeds $100.000. As used in this paragraph, the terms
'laborers' and 'Mechanics" Include watchmen and guards.
(1) Overtime raqulrarnonts. No contractor or subcontractor
contracting for any part of the contract work which may require or
Involve the employment of laborers or meehamcs shall require or
permit any such laborer or mechanic in any workweek In which the
Individual is employed on such work to work in excess of 40 hours in
won workweek unless such laborer or mechanic receives
compensation at a rate not less Nan 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 adtlitlon, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia of 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) 01 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 ed0lons are obsolete forth HUD-4010 (0612D09)
Page 4 of 5 ref. Handbook 1344.1
255 of 292
(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
some prime contractor such sums as may be determined to
be necessary to satisfy any liabilitles 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. Heatth 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
1920 and failure to comply may result in Imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-64. 83 Stat 98). 40 USC
3701 et 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 edEHons are obsolete fort HUD4010 (08r2009)
Page a of 5 ref. Handbook 1344.1
256 of 292
Form Wang Request for Taxpayer Give Form to the
(RBv. Mto,er2018) Identification Number and Certification requester. Do not
oepsrrrten: of aye rreaswy send to the IRS.
Irttemal 8WWd ue Senrree ► Go to wwwJ gov/F0MW9 for Instmetlons and the latest hda mation.
1 Name (as shown on you tnoome tan return). Name Is required on" Una: do not leave this Una blank.
Unjtec Inc.
2 gu&ess nwrWdiaregarded ent1ty name, If difterrt from above
3 Check app gvlate box for federal tax classificedIon of the person whose name Is entered on Kne 1. Check only one of the
foll"kV seven boxes.
❑ lrKMdua1&* proprietor or ❑ C Corporation 1218 corpordln ❑ Part m tap ❑ TnOkstata
singb n ornber LLC
❑ Llmtted IiabElHy company. Enter the tax classification (C--C corporation, S=S corporation, P-Partnership) ►
Note: Check the appropriate boot In the W above far the tax classification of the single -member owner. Do not check
LLC It the I.I:C is classified as a single -member LLC that to disregarded from the owner unless the owner of the LLC Is
another LLC that is not disregarded from the owner for US, federal tax purposes. Otherwise, a afnglo-member LLC th+t
Is disregarded from the owner should check the appropriate box for the tax elasafficadon of its owner.
❑ Other (sae Instructlorts) ►
ass (mumoer, street, are apt. or
KnoMy
state, and ZiP code
!r City F133026
W-711
Enter your nN In the appropriate box. The TiN provided must match the name given on One 1 to avoid
backup withholding. For individuate, this Is generally your social security number (SSN). However, for a
resident alien, sole proprietor, at disregarded entity, see the Instructions for Part I, later. For other
eMftte% it Is your employer Identificadon number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account Is In more than one name, see the instructions for line 1. Also see What Name and
MAber To Give the Requester for guidelines on whose number to enter.
Under penalties of perjury, I certify that:
or
4 Exemptions (codes apply any to
certain entittes, not Individuals: see
instuctkme on page 3):
E=npt payee Cade Of amyl
Exemption from FATCA reporting
code N any) —
(A V&S to racarra use
name end
number
DQOQQQQQQ�
1. The number shown on this forth Is my correct taxpayer identificaiton number (or I am waiting for a number to be Issued to me); and
2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Swvlce {IRS) that 1 am subject to backup withholding as a resuft of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am
no longer subject to backup withholding; and
3.1 amn a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered an this form Of any) Indicating that I am exempt from FATCA reporting is correct.
Certification Instructlorm You must cross out Item 2 above N you have been notified by the iRS that you are currently subject to backup WMholding because
you have failed to report d Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid,
acgaisMen or abandonm nt of secured property, cancellation of debt, contributions to an Indiidual retirement arattgement (iRA4, and generally, payments
other than interest and dWerufs, you are not required to sign the eer0catiart, but you must provide your correct 11N. See the Instructions for Part U, later.
Hre, Katiuska Hurles �;.
General instructions
Section references are to the internal Revenue Code unless otherwise
noted.
Future developments. For the latest Information about developments
related to Form W-9 and Its Instructions. such as legislation enacted
after they were published, go to www Irs.90V1ForMM.
Purpose of Form
An Indtvidual or entity (Form W-9 requester) who Is required to file an
inforrrts9w return with the IRS must obtain your correct taxpayer
Iderdlcatton number (Tit) which may be your social security number
(SSNry, individual taxpayer identification number OTIN), adoption
taxpaW tdentificatlon number (ATIN), or employer Identification number
(Eln to report on an Information return the amount paid to you, or other
amount reportable on an Information return. Examples of infbrntatlon
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, Including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income. prizes, awards, or gross
proceeds)
• Form 1099-8 (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-8 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1088 (home mortgage Interest), 1098-E (student loan Interest),
1098-T (tuttlon)
• Form 1099-C (canceled debt)
• Fora 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person Cricl uding a resident
alien), to provide your correct TIN.
Ff you do not return Form W-9 to the requester with a TW, you might
be subject to backup withholding. See What is backup withholding,
later.
cat. No. 102SIX Form W-9 (Rev.10-2018)
RFP #PR2021-37
SCHEDULE OF VALUES ("SOV")
ITEM
DESCRIPTION
TOTAL
QUANTIT
Y
UNIT
UNIT
PRICE
AMOUNT
1.01
Mobilization
I
LS
$ 107000.00
$ 10,000.00
1.02
Maintenance of Traffic and Access
I
LS
$ 500.00
$ 500.00
1.03
Clear and Grubbing
I
IS
1 $ 2,000.00
$ 2,000.00
1.04
Removal of Existing Concrete Sidewalk
566
Sy
1 $ 23.98
$ 13,570.00
1.05
Concrete Sidewalk (4a Thidt)
580
Sy
$ 74.18
$ 43,021.50
1.06
Park Bench & Installation
2
EA
$ 1,000.00$
2,000.00
1.07
Landscaping (AII work outlined in the Arborist Report by Jeff
Shimonski - Appendix E)
I
LS
$ 15,048.00
$ 15,048.00
1.08
New Dugout (All Associated Work)
2
EA
$ 14,720.00
$ 29,440.00
1.09
Electrical (AII Associated Work)
I
LS
$ 35,554.29
$ 35,554.29
11
Sub -Total
$ 151,133.79
MISCELLANEOUS ITEMS
1.10
As -Built Plans
I
LS
$ 1,000.00$
1,000.00
1.11
Permit Allowance
I
LS
$ 1,000.00
$ 1,000.00
1.12
Safety Trench Act
I
LS
5 1,000.00$
1,000.0
1.13
Contingency(10%)
1
LS
$ 15,413.38
$ 15,413.38
Sub -Total $ 18,413.38
Total: $ 169,547.17
Ml )1saulhmiamflgov.slgrepoim.t neMfllprocuremmVSliareC Documehmg5 Wm2@epwst for Prepusals&Oualificalim(UPaY421 Safety& Security et Marshall
WilliamwNSOVIMWP Schedule of Values,U 1
S. 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 1st DAY OF June 2021
PROPOSAL SUBMITTED BY:
Unitec Inc. (305) 947-5226 Ext. 101
Company Telephone Number
Katiuska Hurles (306) 947-9307
e of Person rized to Submit Proposal Fax Number
khurles@unitecus.com
Signature Email Address
General Manager
Title
END OF SECTION
166 of 2W
CERTIFICATION RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project
_MARSHALL WILLIAMSON PARK CRIME PREVENTION THROUGH ENVIRONMENT
DESIGN (CPTED) INB"6fpml*zl
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 FL20210178 MOD #0 01/01/2021 - 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 FL D2M_8_
AY for this project.
Agency Name:
A Native Tree Service, Inc
Employer ID #/FlD #:
59-2613393
Full Address (including City, ST and Zip) and Email Address
15733 SW 117 Avenue
Miami, FL 33177
Authorized Signature:
Print Name: Title:
Angela Tomasetti Corporate Officer
Check one, as applicable: Date: 2j_3jj 211
Contractor
X Subcontractor
Other
Page 1 of 6
'General Decision Number: FL20210178 01/01/2021
Supersl4ded General Decision Number: FL20200178
State. Florida
Conatruction Type: Highway
County Miami -Dade County in Florida.
HIGHWA" CONSTRUCTION PROJECTS
Note: lnder Executive Order (EO) 13658, an hourly minimum wage
of $10.95 for calendar year 2021 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 ED, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar
- -- ar 2,721. If-EhTe coniract is covered by the EO and -a-'
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)(11) (or the EO minimum wage rate,
if it is higher than the conformed wage rate). The EO minimum
wage rate will be adjusted annually. Please note that
this EO applies to the above -mentioned types of contracts
entered into by the federal government that are subject
to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
incluCing those set forth at 29 CM 5.1(a)(2)-(60). Additional
infors.ation on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modi::eation Number Publication Date
0 01/01/2021
. ELEt'0349-002 09/01/2020
Rates Fringes
ELECTRICIAN ......................$ 36.36 11.82
----------------------------------------------------------------
SUF1.2013-039 08/19/2013
Rates Fringes
CARPENTER ........................ S 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
ATTACHMENT A
Initials: - � v
http Wbeta.sam.gov/wage-deterrnination/FL20210178/0?index=wd&is_active=true&date_... 2/23/2021
CERTIFICATION RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project
_MARSHALL WILLIAMSON PARK CRIME PREVENTION THROUGH ENVIRONMENT
DESIGN (CPTED) (N&" rpml.�tl
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 FL20210178 MOD #0 01/01/2021 - 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 _ FL202=11-
1 - HIGHWAY for this project.
Agency Name:
A Native Tree Service, Inc
Employer ID #/FID #:
59-2613393
Full Address (including City, ST and Zip) and Email Address
15733 SW 117 Avenue
Miami, FL 33177
Authorized Signature:
Print Name: Title:
Angela Tomasetti Corporate Officer
Check one, as applicable: Date: _�i2j21
Contractor
X Subcontractor
— Other
Page 1 of 6
'General Decision Number: FL20210178 01/01/2021
Superseded General Decision Number: FL20200178
State: Florida
Construction Type: Highway
County: Miami -Dade County in Florida.
HIGHWAY CONSTRUCTION PROJECTS
Note: Under Executive Order (ED) 13650, an hourly minimum wage
of $10.95 for calendar year 2021 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 thLa contract is covered by the ED, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.95 per hour (or the applicable
wage rate listed on this wage determination, if it is higher)
for all hours spent performing on the contract in calendar___..
- y3si 2021—Tf'EhTe contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process set
forth in 29 CFR 5.5(a)(1)111) (or the ED minimum wage rate,
if it is higher than the conformed wage rate). The ED minimum
wage rate will be adjusted annually. Please note that
this SO applies to the above -mentioned types of contracts
entered into by the federal government that are subject
to the Davis -Bacon Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
infozmation on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/01/2021
. ELEC0349-002 09/01/2020
Rates Fringes
ELECTRICIAN ......................$ 36.36 11.82
SUFL2013-039 08/19/2013
Rates Fringes
CARPENTER ........................ S 17.84 0.00
CEIMT 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
ATTACHMENT A
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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 i
Irrigation .......................$
9.02
0.00
LABORER:
Mason Tender -
Cement/Concrete..................$
13.91
3.50
LABORER:
Pipalayer..............$
15.02
0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......
$
16.24
0.00
OPERATOR:
Bobcat/Skid
Steer/Skid Loader ................$
12.88
0.00
OPERATOR:
Boom ..................$
19.95
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
opzA ..
C-..e .............4
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 .................
S
14.70
0.00
Initials:_
hops://bew.sam.gov/wage-determination✓FL20210178/0?index-wd&is active=ttue&date ... 2/23/2021
ra8cJoIo
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: Poet Driver
(Guardrail/Fences)...............$ 14.45 0.00
OPERATOR: Roller........... .,� $ 13.57 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
TRUCE 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: Vector Truck ......
$
14.21
0.00
TRUCK DRIVER: Water Truck .......
8
13.17
1.60
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
vv�.vY vvYY YVOYVY Y YN v N v vYN v
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
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a age: � ul u
contract is covered by the E0, 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/gavcontracta.
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
(29CPR 5.5 (a) (1) (11)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is 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 0199. 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
C1.0 ifiaatione 11.kW under the "9U"" ld_nti Lisr indi�"t� 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. Examples SULA2012-001 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
a
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rage 3 of o
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
Classification(a) 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. OR indicates the state. The next number, 0010 in
the example, in 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 rape -of the. union_locals_frna_which_tha-sata_is- - - ---
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Fiis 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 �,onformance (additional classification and rate) ruling
On au::vey related matters, initial contact, including requests
for s,usmaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
becau.ie those Regional Offices have responsibility for the
Davi.•-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and ].) should be followed.
With :egard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branci of Construction Wage Determinations. Write to;
Branch of Construction Wage Determinations
Wage and Hour Division
nS. [Y.pwrtm..n! of SI.M:
260 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
intecasted 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:
We JVe Free Je 1Vicenietrator
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rage o or o
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.
......................................................=a...e....
END OF_ GENERAL_DECIBION. _. - -- --- - — -- ----
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ATTACHMENT B
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development
Of lee of Labor Relatlon6
Applicability
(1) The work to be performed by the classification
The Project or Program to which the construction work
requested Is not performed by a classification In the wage
covered by this contract pertolne Is being assisted by the
detsrminalionf and
United Steles of America end the following Federal Labor
(2) The classification Is utilized In the area by the
Standards Provisions are Included in this Contract
construction Industry; and
pursuant ;c the provisions applicable to such Federal
(3) The proposed wage rote, Including any bona fide
assistance
fringe benefits, beers ■ reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics
wage rates contained In the wage determination.
employed 1 • working upon the site of the work, will be paid
(b) If the contractor and the laborers and mechanics to be
uncondltion ally and not less often then once a week, and
employed In the classification (if known), or their
without subsequent deduction or robate on any account
representatives, and HUD or Its designee agree on the
(except such payroll deductions as are permitted by
classification and wage rate (Including the amount
regulations Issued by the Secretary of Labor under the
designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages
of the action taken shall be sent by HUD or Its designee to
and bona fide fringe benefts (or cash equivalents thereof)
the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than
Employment Standards Administration, U.S. Department of
those contained in the wage determination of the
Labor, Washington, D.C. 20210. The Administrator, or on
-- Ssctataay-oWbor-wbkk-l�alladMd-hereto-and-coeds-s--- --
--e�ffod=b---iepnts-nTaii wilt-- ePprove, modify, or
part hereof, regardless of any contractual relationship
disapprove every additional classification action within 30
which may be alleged to exist between the contractor and
days of receipt and so advise HUD or Its designs* or will
such laborers and mechanics. Contributions made or
notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits
additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis -Bacon Act on behalf of
Management and Budget under OMB control number 1216-
laborers or mechanics are considered wages paid to such
0140.)
laborers or mechanics, subject to the provisions of 29 CFR
6.6(a)(tklv); also, regular contributions made or costs
(c) In the event the contractor, the laborers or mechanics
Incurred for more than a weekly period (but not lass often
to he employed In the classification or their
then quarter) under plans, funds, or
Y) D programs,
representatives, and HUD or Its designee do not agree on
to be
cover the particular weekly period, are deemed to tea
the proposed classification and wage rate (Including the
constructively made or Incurred during such weekly period.
amount designated for fringe benents, where a
9 9
s, Including
HUD or Its designee ah*II refer lM questions, Including
Such taborero and mechanics shell be paid the appropriate
the views of all Interested parties and the recommendation
wage rate end fringe benefits on the wage determination
of HUD or Its designee. to the Administrator for
for the classification of work actually performed, without
determination. The Administrator, or an authorized
regard to skill, except as provided In 29 CFR 6.6(s)(4).
representative, will Inoue a determination within 30 days of
Laborers cr mechanics performing work In more than one
receipt and so advise HUD or its designee or will notify
classificallon may be compensated at the rate specified for
HUD or Its designee within the 30-day period that
each classification for the time actually worked therein:
additional time is necessary. (Approved by the Office of
Provided. That the employer's payroll records accurately
Management and Budgst under OMB Control Humber
set forth As time spent In each classification In which
1215-0140.)
work Is performed. The wage determination (Including any
tali The wage rate (IntlpursuudIng fringe benefits when
additional clasdncstlon and wage rates conformed under
appropriate) pursuant to ae paid raphs
29 CFR :i.6(e)(1 )(II) and the Davls-Bacon poster (WH-
) or this paragraph, shah be paid to all
(e) of
1321) sha I be posted at all times by the contractor and It
worker performing work In the classification lion under thin
workers a work
tubcontri tors at the site of the work In a prominent and
contract from the first day on which work Is performed in
accessible, place where It can be easily seen by the
the classification.
workers
(Ili) Whenever the minimum wage rate prescribed in the
(II) (a) Mny class of laborers or mechanics which Is not
contract for a Oass of laborers or mechanics mc;luces a
listed In the wage determination and which Is to be
fringe benefit which is not expressed as an hourly rasa. the
amploynd under the contract shall be classified In
conformance with the wage determination. tluu snail
all
we determination or shell pay another bona fide fringe
waget ay
an additional classification and wage rate and
benefit an hourly cans equivalent thereof.
fringe be aeflls therefor only when the following criteria
have been met:
(Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
'
to" HU0 4010
Previous r Astons are obsolete Page 1 of 6 rot. Handbook 1344.1
Xame 3 Company. A Native Tree Service, Inc
Date: _ _
21 /21
Initials: a,
of the wages of any laborer or mechanic the amount of any
communicated In writing to the laborers or mechanics
costs reasonably anticipated In providing bona fide fringe
affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the
the actual cost Incurred In providing such benefits.
Secretary of Labor has found, upon the written request of
Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis.
approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may
registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account
trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or
trainees, and the ratios and wage rates prescribed In the
program. (Approved by the Office of Management and
applicable programs. (Approved by the Office of
Budget under OMB Control Number 1216.0140.)
Management and Budget under OMB Control Numbers
2. Withholding. HUD or Its designee shall upon Its own
1216-0140 and 1216.0017.)
action or upon written request of an authorized
(II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or
in which any contract work Is performed a copy of all
cause to be withheld from the contractor under this
payrolls to HUD or Its designee if the agency Is a party to
contract or any other Federal contract with the some prime
the contract, but If the agency Is not such a party, the
contractor, or any other Federally -assisted contract
contractor will submit the payrolls to the applicant
subject to Davle-Bacon prevailing wage requirements,
sponsor, or owner, as the case may be, for transmission to
which Is held by the came prime contractor so much of the
HUD or Its designee. The payrolls submitted shall eat out
accrued payments or advances as may be considered
accurately and completely all of the Information required
necessary to pay laborers and mechanics. Including
to be maintained under 29 CFR 5. 3)(I) Sxc�iL�.Lt911
appran�cs��raTna6s and helpers, •mloyed by the
social security numbers and home addresses shall not be
contractor or any subcontractor the full amount or wages
Included on weekly tranamlttals. Instead the payrolls shall
required by the contract In the event of failure to pay any
only need to Include an Individually Identifying number for
laborer or mechanic. Including any apprentice, trainee or
each employes (e.g., the last four digits of the employee's
helper. employed or working on the site of the work, all or
social security number). The required weekly payroll
part of the wages required by the contract, HUD or Its
Information may be submitted In any form desired.
designee may, after written notice to the contractor,
Optional Form WH-347 Is available for this purpose from
sponsor, applicant, or owner, take such action as may be
the Wage and Hour Division Web site at
necessary to cause the suspension of any further
htto://www,dol. coy/e salwhdlformalwh3471nstr. him or Its
payment, advance, or guarantee of funds until such
successor alto- The prime contractor Is responsible for
violations have ceased. HUD or Its designee may, after
the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts
Contractors and subcontractors shall malntaln the full
withheld for and on account of the contractor or
social security number and current address of each
subcontractor to the respective employees to whom they
covered worker, and shall provide them upon request to
are due. The Comptroller General shell make such
HUD or Ito designee 11 the agency Is a party to the
disbursements In the case of direct Davis -Bacon Act
contract, but if the agency Is not such a party, the
contracts.
contractor will submit the payrolls to the applicant
3, (1) Payrolls and basic records. Payrolls and basic
sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the
HUD or Its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a
Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and
investigation or audit of compliance with prevailing wage
mechanics working at the alto of the work. Such records
requirements. it Is not a violation of this subparagraph for
shall contain the name, address, and social security
a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct
addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates
contractor for its own records. without weekly submission
of contributions or costs anticipated for bona fide fringe
to HUD or Its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described
Management and Budget under OMB Control Number
In 3ecllon I(b)(2)(0) of the Davis -bacon Act), daily and
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 (e)(1)(Iv) that the wages of any
subcontractor or his or her agent who pays or supervis4s
f
Iiih—, nhanle• Innlud. the n1 nl •t•
Ih• n! nl t h. a elnv�d erne-r K. � -t—,
reasonably anticipated in providing benefits under aplan
and shall certify the following:m
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 shell maintain records which
Information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits to
(s)(3)(II), the appropriate Information is being maintained
enforceable, that the plan or program is financially
under 29 CFR 5.5(s)(3HU, and that such information Is
responsible, and that the plan or program has been
correct and complete:
Previous editions are obsolets
loan HUDd010 0a12009)
Page 2 of 5 _ rat. Handbook 1344.1
Namc of Company: A Native Tree Service, Inc
Initials:
Date: 7/21 /21
(2) That each laborer or mechanic (including each helper.
Is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during
shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages
wage determination for the classification of work actually
earned, without rebate, either directly or Indirectly, and
performed. In addition, any apprentice performing work on
that no deouclions have been made either directly or
the Job site In excess of the ratio permitted under the
Indirectly from the full wages earned, other then
registered program shall be paid not less than the
permissible deductions as set forth In 29 CFR Part 3;
applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less
work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash
construction on a project In a locality other than that In
equivalents for the classification of work performed, as
which Its program Is registered, the ratios and wage rates
specified In the applicable wage determination
(expressed In percentages of the Journeyman's hourly
Incorporetec into the contract.
rate) specified In the contractor's or subcontractor's
The Nastily submission of s
(c) y properly executed
registered program shell be observed. Every apprentice
certification not forth On the reverse aide of Optional Form
must be paid at not tote than the rate specified In the
registeevel
program for the a of
WH•347 shall satisfy the requirement for submission of the
yma
f the journeyman
expressed as • percentage of the Journeymen hourly rate
expresso hourly rate
'Statement of Compliance' required by subparagraph
specified In the applicable wage determination.
A_3.(II)(b).
Apprentices shall be paid fringe benefits In accordance
(d) The falsification of any of the above certifications may
with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal
apprenticeship program does not specify fringe benefits,
--proseeutloe"amdn'8aalton-TOQt—oT-Tlttr't7-YnC Saetlon
epprariTTimust bi peld the full amount of fringq benallls_
231 of Title 31 of the United States Code.
listed on the wage determination for the applicable
(ill) The contractor or subcontractor shall make the
classification. If the Administrator determines that a
records reculred under subparagraph A.3.(1) available for
different practice prevails for the applicable apprentice
Inspection, copying, or transcription by authorized
classification, fringes shell be paid In accordance with that
repras entel Ives of HUD or Its designee or the Department
determination In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to
Training, Employer and Labor Services, or a Slate
interview rmployees during working hours on the Job. If
Apprenticeship Agency recognized by the Office,
the conlra.(lor or subcontractor falls to submit the required
withdraws approval of an apprenticeship program, the
records or to make them available, HUD or Its designee
contractor will no longer be permitted to utilize
may, ®list written notice to the contractor, sponsor,
apprentices at less than the applicable predetermined rate
applicant of owner, take such action as may be necessary
for the work performed until an acceptable program Is
to cause the suspension of any further payment, advance,
approved.
or guarantee of funds. Furthermore, failure to submit the
(11) Trainees. Except as provided In 29 CFR 5.1a,
required records upon request or to make such records
trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to
predetermined rate for the work parfamad unless they art
29 CFR 5.'2.
employed pursuant '.to and Individually registered In ■
s. Apprentices and Trainees.
program which has re"Ived prior approval, evidenced by
(1) Apprentices. Apprentices will be permitted to work at
formal certification by the U.S. Deportment or Labor.
less than the predetermined rate for the work they
Employment and Training Administration. The ratio of
performed when they are employed pursuant to and
trainees to journeymen on the job site shall not be greater
Indivleuefll registered In a bone fide apprenticnahip
than permitted under the plan approved by the
program �agistered with the U.S. Department of Labor,
Employment end Training Administration. Every trainee
Employmt nt and Training Administration. Office of
must be paid at not less then the rats specified in the
Apprenticeship Training. Employer and Labor Services, or
approved program for the trainee's level of progress.
with ■ State Apprenticeship Agency recognized by the
expressed as a percentage of the Journeyman hourly rate
Office, of It a person Is employed In his or her first go
specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice In such
Mall be paid fringe benefits in accordance with the
an apprenticeship program, who is not Individually
provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by
does not mention fringe benefits. trainees shall be paid
the Office of Apprenticeship Training, Employer and Lobar
the full amount or fringe benefits listed on the wage
e.r.,�.. o.-., nvv...a.-.n,. tea.-.r 1-^-•-
determination unless the Administrator of Ina Wac• and
Hour Division determines that there Ill an apprenticeship
appropriate) to be eligible for probationary employment as
program associated with the corresponding journeymen
an opproatice. The allowable ratio of apprentices to
wag@ rate on the wage determination which provides for
Journeyman on the Job site In any craft classification shall
lose than full fringe benefits for apprentices. Any
not be greater than the ratio permitted to the contractor as
employee listed on the payroll at a trainee rate who Is not
to the entire work force under the registered program. Any
registered and participating In a training plan approved by
worker listed on a payroll at an apprentice wage rate, who
previous Islatift IN obsolete
am, Hu -sot )
page 3 of 5 rot Handbook 1344.1
NLmeo(r:ompany. A Native Tree Service. Inc
Initials, -
Date �i21/21
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination lot the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shell 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
withdraw& approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program Is approved.
(III) Equal employment opportunity, The utilization of
apprentices, trainees and journeymen under 29 CFR Part 6
shall be In conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30,
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are IncgrpolyttjLby.nfsrenca_tn_tbi►_contract -
6. Bubcontracts. 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 *too 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.
T. Contract termination; debarment. A breach of the
contract clauses In 29 CFR 0.5 may be grounds for
termination of the contract and for debarment as e
contractor and a subcontractor as provided In 29 CFR
5.12.
6. 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
a. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions or 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 6, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
Its designee, the U.S. Department of Labor, or the
employees or their representatives.
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 to a person or firm Ineligible to be
awarded Government contracts by virtue of Section 3(s) of
the Oavis-Becon Act or 29 CFR 6.12(a)(1) or to be
awarded HUD contracts or participate In HUD programs
pursuant to 24 CFR Part 24.
(11) No part of this contract shalt be subcontracted to any
person or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Dava-Bacon Act
or 29 CFR 5.12(e)(1) or to be awarded HUD contracts or
participate In HUD programs pursuant to 24 CFR Part 24.
(111) The penally for making false statements Is prescribed
In the U.S. Criminal Code. 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0. Title 18, U.S.C.,
'Federal Housing Administration transactions-, provides In
part: 'Whoever, for the purpose of ... Influencing In any
way the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shell be fined not more than $6,000 or Imprisoned not
more then two years, or both.'
It. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are�ppficabte shall be-dschRgiit�Tt a yo� sh rminner ----
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 tastily In any
proceeding under or totaling to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and 6aesly Standards ACL The
Provisions of this paragraph Sere applic" waste the amoud of CA
prime contract exceeds S1D0.000. As used in tills paragraph, are
terms 9aborera' and'machanics' Include watchmen and guards.
(1) Overtime requirements. No contractor or subcorxraOor
contracting for any pan of the contract work width may require or
Involve the employment of laborers or meduriw shall require or
Permit any such laboner or mechanic In any workweek In which the
Individual is employed on such wont to work In excess of 40 hours in
such vorkweek un*ss, such laborer or mechanic receives
compensation at a rate not less than one and one-nalf Smas ins basic
rate of pay for all hours warted 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, in* 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 or work done under contract for the District o'
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,
subparagraph (1) of this paragraph, Intrasumof 51Uforeach
calendar day on which such Individual wits tequirW or Dermlea i to
work In excess of the standard workweek of 40 hours without payment
01 the overtime wages required by the clause set forth In sub
paragraph (1) of this paragraph.
Previous editions am obsolete form HU 10 ( )
Page 4 of 6 not Handbook 1344.1
Nameofcompany: A Native Tree Service, Inc tn(tlals: AL -
Date: 7/21 /21
(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 money* payable on account of work performed by
the contrse! or or subcontractor under any such contract or
any other F aderal contract with the Some prime contract.
or any Whir Fade rallyas Rioted contract subject to the
Contract Work Hours and Safely Standards Act which Is
held by the same prime contractor such Sums as may be
determined to be nscessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages on provided In the clause eel forth In
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shell
Insert in any subcontracts the clsue*s not forth In
subparagraph (i)through (4) of this paragraph and also a
clause requiring the subcontractors to include these
olauess In any lower tier subcontracts. The prime
contractor shag be responsible for compliance by any
--subtzrttrect at w 1owiTtlor fthe 6Teusee -_-- ----- - -
set forth In subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. Ths provisions or ihb paragraph C aor
applicable wt4m the *mount of the prime contract *steads $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 ',onlraclor shell comply with all regulations
Issued by t is Secretary of Labor pursuant to Title 29 Part
1928 and allure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safely
Standards Oct. (Public Law 91-54, 83 Stal 96), 40 USC
3T01 at sob.
(3) The contractor shall include the provisions or this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
lake such notion with respect to any subcontractor as (he
Secretary of Housing and Urban Development or the
Secretary of Labor shalt direct as a means of enforcing
such provtslons.
Previous enfl'dna ere ob*olete form H :W ( )
Pape 6 of 8 rat Handbook 1344.1
Name orc(mpiny: A Native Tree Service, Inc
Date: � 21 /21
Initials: j4
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: A Native Tree Service, Inc
2.
sub -contractor Address: 15733 SW 117 Avenue Miami FL 33177
Phone: 305-238-1178 Email address: nativetree@nativetree.mm
3.
Name of each owner, principal officer, partner, etc.
Angela Tomasetti
Dayne Tomasetti
4.
Minority ❑ Yes ® No women -owned Business? ® Yes ❑ No
Business?
5, Company Qualifier:
6. Years in Business: 135 years
7.
i.
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: I I State: FL
EINit 59-2613393
8.
Contractor's 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
Fuchs Park
2 months
2021
Lot Clearing - MDC - PHCD
1 month
2021
Vizcaya Museum and Gardens
18 months
annual contract
Port of Miami
2 months
2020
Page 5 of 56
372 of 292
10.
1contractor's on -going construction projects (Schedule these, showing gross amount of each contract and the
approximate anticipated dates of completion).
Pro ect
Current Duration (months years)
Anticipated Completion Date
MDC Parks Maintenance ($483,900)
2 years
2023
11. Have you ever defaulted on a Contract? ❑ Yes ® No Please explain.
12.
The subcontractor promises to defend, indemnify and hold harmless th&"°'�"M' (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
g cy) in verification of the
governmental unit, to furnish any information requested by th`6""boeN1 n(name of agency)
r i Is comprising this statement of bidder's experience
(initials)
Sworn toad subscribed before me this 2nd day of June 20 21
a�
-89 � '�_ and is personally known to me or has presented
(Affiant) Angela Tomasetti
n/a as identification.
(Type of Identification)
Evensen
(Print or Stamp Name of Notary)
Notary Public
HG 005570
(Serial Number)
8/16/2024
'.��..... CATHY EVENSEN
:,- MY COMMISSION 8 HH 005570
;?ai 7.�9 EXPIRES:Auguat 18, 2024
'. P'•t, Ilmded TaN Notary Public UndwWb,,,
Page 6 of 56
173 Qf 292
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 contractors EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Contractors must have ooples 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 noted when their
employment practices adversely or positively impacted on the contractors EEO and affirmative action
posture.
L LI
Inroeb
Page 20 of 56
187 of 292
(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)
Marshall Williamson Park 6121 SW 68 ST South Miami, FL 33143
Check 0 if there are workplaces on file that are not identified here.
Agency Name:
Unitec Inc.
ST and ZID) and Email Address
14250 NE 18 Avenue
North Miami, FL 33181
khurles@unitecus.com
Authorized Signature:
Print Name:
Katiuska Hurles
Date: I June 1, 2021
Check one, as applicable:
X Contractor Subcontractor Other
Page 26 of 56
193 of 292_
Employer ID N/FID q:
65-0817802
President
Tabulation Sheet
Agency Name City of South Miami
Bid Number RFP-RFP #PR2021-37-0-2021/SK
Bid Name SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON PARK
Bid Due Date 06/03/2021 10:00:00
Bid Opening Closed
353
Member Name CITY OF SOUTH MIAMI
Bid Number RFP PR2021-37
Bid Name SATEFY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON
2 Document(s) found for this bid
22, Planholder(s) found
774 NOTIFIED
SupplierName
Addressl
MV
State
:)stalCoc
DeclaredAttributes
A Native Tree Service, Inc.
.
Avenue
Miami
FL
33177
ma usiness,
Woman Owned
BCAE
5410 SW 95th Ct
Miami
FL
33165
Bespoke Construction Management
2413 Main Street
Miramar
FL
33025
C. Slagter Construction, Inc.
PO Box 1154
Palm City
FL
34991
Small usiness,
Woman Owned
Construction Journal, Ltd.
400SW Street
Stuart
FL
34994
Dodge Data
TMU Beltway
Place, Ste 150
Arlington
TX
76018
Gecko Group
120 Madeira
Avenue
Coral Gabl
FL
33134
JAMPOL Protective services inc.
Sheridan st.
Suite 134,
Holl ood
FL
33024
jandjthetreedoctor
1830 n university
drive
Plantation
FL
33322
Keeping Color LLC
Ave.
Miami
FL
33126
mercados lawn services inc
1340 ne 135th st
Miami
FL
33161
Micro Consulting LLC
Avenue
Hollywood
FL
33020
OAC Action Construction, Corp11980
SW 144 Ct.
Miami
FL
33186
isparnc Owned, 5ma
Business
o up structures
525 OCEAN BLVD
GOLDEN B
FL
33160-2
Small Business
Promise Habitat Services, LLC
W. Sam
Allen Rd
Plant City
FL
33565
Small Business
Saltz Michelson Architects, Inc.
3501 Griffin Road
Fort Laude
FL
33312
Small Business
Sesco Lighting, Inc.
737 Shotgun Road
Sunrise
FL
33326
un Eagle General Contractors,
Corp.
12300 SW 130 st
Miami
FL
33186
TechGrou One, Inc
304 Indian Trace
Weston
FL
33326
The Stout Group, LLC
Street
Hialeah Ge
FL
33018
Unitec
14250 NE 18 AVE
NORTH MIFL
FL
33181
Hispanic owned,S—maff
Business
eConstruction,Inc. esNorth
Architecture + Design, LLC
Street
Lantana
133462
Woman Owned
354
ALM
Discover. Connect. Compete
Please Remit To:
ALM Media, LLC
PO Box 936174
Atlanta, GA 31193.6174
APR 2 9 2021
CITY CLERK'S
Business Review
Miami Dade
Customer No: 9DO6479
CITY OF SOUTH MIAMI
Attention To: NKENGA "NIKKI" PAYNE Invoice #: 10000626716-0426
NKENGAA. PAYNE Invoice Date: 04/26/2021
6130 SUNSET DR Due Date: Due Upon Receipt
SOUTH MIAMI, FL 33143 AMOUNT DUE: $166.60
Amount Remme4
PLEASE RETURN THIS SECTION WITH PAYMENT
TEAR I'm
Daily Business Review
Miami Dade
Invoice Date: W26,7021 Customer#: 9005479
Invoice a Description
Amount
10000526716-0426 Placement/Position: Bids/Heamgs/MeeOngs/Ordinenws/Bid Notices & RFPs
$166.50
Run Dates: 04262021
Ad She: 2 x 9.40 Inches
Subtotal $166.50
CITY OF SOUTH MIAMI - RFP #PR2027-37
Total Due $166.50
Visit our online payment portal at https:ll i .aimpaymentcenter.com to pay via credit card
For bllling Auostions, please email: ALMeolleetion@alm.mm.
Air ALM
Discover. Connect. Compete.
355
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Muani Dade Coady, Flo da
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personalty appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review We Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County. Florida; that the
attached copy of advertisement being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - RFP dPR2021-37
in the XXXX Court
was published in said newspaper in the issues of
0412612021
Affiant further says that the mid Mil nd Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Flonda and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second Gass mail matter at the post
once in Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and atfiant further says that he or she
has neither paid nor premised any person, lino or corporation
any discount rebate, commission or refund for the purpose of
securing this advertisement for publication in the mid
newspaper.
Swom tor�rid subscribed before me This
26 ffSvol APR".D,2021
(SEAL) I /
GUILLERM0 RCIA personalty known to me
:. CHRISTINA LYNN RAVIX
-p. •` Commission# GG 2TIT71
Expires November 19,2022
..... ' Bonded TlmTroy Fain Ps,lnnm 6ir]-1257019
SDurfi
OF 'aim
� r
F r
U
• p 1927
CO R20
CITY OF SOUTH MIAMI
SAFETY S SECURITY IMPROVEMENTS AT
MARSHALL WILLIAMSON PARK
RFP #PR2021-37
SUBMITTAL DUE DATE:
JUNE 3, 2021 AT 10 AM
The City is hereby requesting sealed responses to this RFP #PR2021.37,
SAFETY & SECURITY IMPROVEMENTS AT MARSHALL WILLIAMSON
PARK. The purpose of this Solicitation is to contract for the services
necessary for the completion of the project in accordance with the Scope
of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or
specifications, it any, described in this Solicitation (hereinafter referred tc
as the Project' or'Project').
This pmIect/activlty/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
projed's area. Respondents must comply wdh the CDBG requirements;
refer to Exhibit 4 "CDBG Federal Grant Requirements, Public Housing
& Community Development Federal Labor Standards & Section 3
Requirements-0
Qualified contractors (licensed) who wish to respond to this Solicitation
can obtain the complete Solicitation package by accessing the following
wabpage: http'✓/www•scuthmiamiN.gov/ which is the City of South
Miami's web address for solicitation information.
The City will only receive submittals electronically through the
DemandStar Electronic Bid System (E-Bidding). To register as a business,
go to httpsJ/network.demandstar.cgr✓
Responses must be received electronically through Dem rmiStar, no late,
than 10:00 A.M. local time (the -Closing Date-) on June 3, 2021 and
any Response received by the City through DemandStar after 1R00 am.
local time on said date will not be accepted under any circumstances.
Hand delivery will not be accepted.
356
Gi-{ Y of 5oui AAiam'i
e FP -* PRao-;14 -37
E-BIO OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at 10:30 A.M. local
time on (the Closing Date, June 3, 2021. The City Clerk will conduct the
E-Bid Opening through video conferencing using me Zoom piatfonn.
Members of the public may view the meeting via Zoom at https://zoom.
uW3056636339, or listen to the meeting on a dedicated phone line by dialing
+1-786-635-1003 Meeting ID: 3056636339.
NON -MANDATORY PRE -BID MEETING VIAVIDEO CONFERENCING
A Non -Mandatory Pre -Bid meeting will be conducted through video
conferencing on May 13, 2021 at 10:00 AM using the Zoom platform.
Interested parties who are considering attending the Pre -Bid meeting,
must Identify your Company Name in the "Participants List" on the
Zoom platform. The meeting will be held regardless of weather conditions.
After the meeting, an email will be sent by the attendees confirming your
attendance, to the attention of Steven P. Kulick Chief Procurement
Officer at skulickDsouthmiamffl.gov
Members of the public may view the meeting via Zoom at htips://zoom,
ps/g9056636339, or listen to the meeting on a dedicated phone line by dialing
+1-786-635-1003 Meeting 10: 3056636339.
Nkenga A. Payne, CMC
City Clerk, City of South Miami
4/26 21-40/0000526716M
357