HomeMy Public PortalAbout20-9730 Ingram Park Field LightingSponsored by: City Manager
RESOLUTION NO. 20-9730
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING
ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP")
FOR THE INGRAM PARK FIELD RELIGHTING AND
COMPLIANCE PROJECT TO COMPLY WITH MIAMI-
DADE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING REQUIREMENTS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the field lighting system at Ingram Park was destroyed by hurricane
Irma; and
WHEREAS, the City Commission has determined that it is necessary for the City
of Opa-locka ("City") to replace and upgrade the field lighting system at Ingram Park
("Project"); and
WHEREAS, the City was approved for $179,334.65 in funding by the Miami -
Dade County Board of County Commission on July 23, 2019 for the FY 2019 Action Plan
and Reallocation Funding Recommendations, for the Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME), HOME Community Housing
Development Organization (HOME CHDO), HOME Program Income, Emergency
Solutions Grant, and Housing Development Grant (HODAG) Program Income
programs; and
WHEREAS, the Project, in whole or in part, will be assisted through the Miami -
Dade Public Housing and Community Development with Federal funding from the
Community Development Block Grant; and
WHEREAS, the manufacturer / contractor must comply with Presidential
Executive Order 11246, as amended; 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; and
Resolution No. 20-9730
WHEREAS, the City desires to contract with a fully Florida licensed and certified
manufacturer / contractor that possesses sufficient financial support, equipment,
organization and governmental compliance experience to insure that it can satisfactorily
perform lighting replacement and upgrade services for the City as well as comply with
required federal, state and local laws, rules and regulations; and
WHEREAS, the City seeks a Contractor with experience to specifically perform
the scope of services set forth in the Request for Proposals (RFP), attached hereto as
Exhibit "A" hereto; and
WHEREAS, the City has determined that issuance of an RFP is in the best
interest of the City and its residents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and
correct and are incorporated into this Resolution by reference.
Section 2. Approval of Issuance of RFP for Ingram Park Relighting and
Compliance Project. The City Commission of the City of Opa-locka hereby approves
the issuance of a Request for Proposals (RFP) for lighting replacement and upgrade
services at Ingram Park, as set forth in Exhibit "A" attached hereto.
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption by the City Commission of
the City of Opa-locka.
PASSED and ADOPTED this 12th day of February, 2020.
Matthew A. Pigatt, Mayor
EST:
a Flores, City Clerk
Resolution No. 20-9730
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris;Weeks, P.A.
Moved by: COMMISSIONER BASS
Seconded by: VICE MAYOR DAVIS
VOTE:
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
1
Department
Director:
Airia Austin
Departmenta
Director Signature:
i _
Finance Director:
FD Signature:
Department
City Manager:
John E. Pate
CM Signature:
;-wwww,r,
Commission
Meeting Date:
02/12/2020
Item Type:
(EnterX in box)
Resolution
Or 4 ' 4 . ' ce
Other
X
Fiscal Impact:
(EnterXinbox)
Yes
No
Ordinance Reading:
(EnterXinbox)
1st Reading
2nd Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding Source:
Account# :
(Enter Fund &
Dept)
Ex:
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid#:
RFP #
Strategic Plan
Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
im
Dev I-1
•
Image
•
Sponsor Name
City Manager
Department:
City Manager
Short Title:
Request for Proposals (RFP) for Ingram Park Relighting Project
Staff Summary:
This item is to initiate the, Request for Proposals (RFP) for Ingram Park Field Relighting and Compliance
Project to comply with Miami Dade County requirements for Community Development Block Grant (CDBG) funding
availability of $179,334.65.
Proposed Action:
Staff recommends approval of the item to prevent the City from losing this grant oportunity
Attachment:
1. Agenda
2. RFP Draft Document
3. FY 2019 Action Plan and Reallocation Funding Recommendation Letter
MIAMFDE
COUNTY COUNTY
Public Housing and Community Development
701 NW 1st Court, 16th Floor
Miami, FL 33136-3914
T 786-469-4100 • F 786-469-4199
miamidade.gov
August 2, 2019
Honorable Matthew Pigatt
Mayor
City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
RE: FY 2019 Action Plan and Reallocation Funding Recommendations
Dear Mayor Pigatt:
Congratulations! Miami -Dade Public Housing and Community Development (PHCD) has
recommended the following activity for your agency for funding which was approved by the Board
of County Commissioners (Board) on Tuesday, July 23, 2019 for the FY 2019 Action Plan and
Reallocation Funding Recommendations, for the Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), HOME Community Housing Development Organization
(HOME CHDO), HOME Program Income, Emergency Solutions Grant (ESG), and Housing
Development Grant (HODAG) Program Income programs:
Activity Title:
Category:
Source:
Approved Amount:
Ingram Park Lighting Project
Public Facilities & Capital Improvements
CDBG
$179,334.65
Please be advised that prior to any expenditure of CDBG or HOME funds, PHCD must issue an
environmental clearance by the United States Department of Housing and Urban Development (U.S.
HUD) to your agency. To initiate the process, please complete the attached Environmental Review
form (ER) and bring it with you to the workshop. Also, please find sample scope and budget, which
is a guide to assist you in completing your scope and budget.
Additionally, you are required to attend a mandatory contract development workshop, on Thursday.
August 15.2019 at 1:00 P.M., as outlined in the attached notice. At that time, your Project Manager
will be introduced to you. Please RSVP to Ms. Paul -Andre at mandreOmiamidade.aov to confirm
your attendance.
Page 2
If you have any questions, please contact Clarence Brown at 786-469-2258.
Sincerely,
LL/22(.2,,
Michael Liu
Director
Enclosures
c: Clarence Brown, Division Director, PHCD
Tangie White, Manager, PHCD
EXHIBIT "A
REQUEST FOR PROPOSAL (RFP)
Ingram Park Relighting and Compliance Project
CITY OF OPA-LOCKA
RFP NO: 20-xxxxx
REQUEST FOR PROPOSAL
INGRAM PARK
FIELD RELIGHTING AND COMPLIANCE
City Of Opa-Locka 780 Fisherman Street, Opa-Locka, FL 33054
ADVERTISEMENT FOR REQUEST FOR PROPOSALS 1
1- GENERAL 3
1.1 SUMMARY 3
1.2 LIGHTING PERFORMANCE 4
1.3 ENVIRONMENTAL LIGHT CONTROL 5
2 - SPORTS LIGHTING SYSTEM DESIGN AND CONSTRUCTION 5
2.1 ACCEPTABLE MANUFACTURERS 5
2.2 FOUNDATIONS 6
2.3 POLE STRUCTURE 6
2.4 CROSSARM ASSEMBLY 7
2.5 SPORTS LIGHTING SYSTEM 7
2.6 CONTROL SYSTEM 9
2.7 SAFETY 10
2.8 ELECTRICAL 10
3 - EXECUTION 10
3.1 SOIL QUALITY CONTROL 10
3.2 DELIVERY 11
3.3 FIELD QUALITY CONTROL 11
3.4 WARRANTY AND GUARANTEE 11
4 - DESIGN APPROVAL 12
4.1 SUBMITTAL REQUIREMENTS 12
5 - ITEMS TO BE SUPPLIED FOR ALTERNATE SYSTEMS APPROVAL 13
6 - KEY DATES 14
7 - EVALUATION CRITERIA 14
7.1 EVALUATION PROCESS 14
7.2 CONTRACT AWARDS 14
7.3 INQUIRIES 15
7.4 ADDENDUM 15
7.5 CONTRACTUAL AGREEMENT 15
7.6 PUBLIC RECORDS 15
7.7 PUBLIC ENTITY CRIMES 16
8- PROPOSAL SUBMISSION 16
8.1 LATE PROPOSALS 16
8.2 ADDENDUM 16
8.3 OPENING OF PROPOSALS 16
8.4 CITY RIGHTS 16
ii
9 - BIDDING PROCEDURES AND PROTESTS 17
9.1 DEVELOPMENT COSTS 17
9.2 CODE OF ETHICS 17
9.3 CONE OF SILENCE 17
9.4 PROTESTS 18
9.5 GENERAL CONDITIONS 18
10 - INSURANCE REQUIREMENTS 18
10.1 REQUIRED INSURANCE 18
10.2 LICENSES 19
11- BONDS 20
11.1 PERFORMANCE BOND 20
12 - LEGAL LIABILITY 20
12.1 INDEMNIFICATION 20
12.2 RISK OF LOSS, DESTRUCTION, OR DAMAGE 20
12.3 NON -COLLUSION AFFIDAVIT 21
12.4 TERMINATION FOR CONVENIENCE 21
12.5 LITIGATION 21
FORMS AND ATTACHMENTS 21
PROPOSER QUALIFICATIONS 22
CERTIFICATION REGARDING DEBARMENT, SUSPENSION 23
DRUG -FREE WORKPLACE CERTIFICATION FORM 25
NON -COLLUSION AFFIDAVIT 26
NON-DISCRIMINATION AFFIDAVIT 27
PROPOSAL BID FORM 28
ATTACHMENTA 29
ATTACHMENT B - Federal Labor Standards Provisions 35
ATTACHMENT C— Federal Labor Standards and Section 3 Requirements 40
iii
CITY OF OPA-LOCKA
ADVERTISEMENT FOR REQUEST FOR PROPOSALS
RFP NO: 20-xxxxxx
INGRAM PARK
RELIGHTING AND COMPLIANCE
The City of Opa-Locka is soliciting proposals to replace and upgrade the lighting system that was
destroyed by hurricane Irma at Ingram Park.
This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing
and Community Development with Federal funding from Community Development Block Grant
and as such bidder must comply with Presidential Executive Order 11246, as amended; by
Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act
of 1968, as amended; the Copeland Anti -Kickback Act; the Contract Work Hours and Safety
Standards Act and all other applicable federal, state and local ordinance.
The bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must
ensure that employees are not discriminated because of race, color, religion, sex or national
origin.
This project is also a Section 3 covered activity. Section 3 requires that job training, employment
and contracting opportunities be directed to very -low and low income persons or business
owners who live in the project's area.
Proposals will be received by the City of Opa-Iocka at:
Office of the City Clerk, 780 Fisherman, 4th Floor,.Opa-Iocka, Florida 33054.
The Proposals (Bids) are due on XXX, XXX XX, 2020 by 1:00 p.m. Any proposals (bids) received
after the designated closing time will be returned unopened.
An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF
format shall be submitted all in sealed envelopes/packages addressed to Joanna Flores, CMC,
City Clerk, City of Opa-Iocka, Florida, and marked:
INGRAM PARK RELIGHTING AND COMPLIANCE
Page 1
Bidders desiring information for use in preparing proposals may obtain a set of such documents
from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone
(305) 953-2800 or copies of the RFP NO: 20-XXX requirements may also be obtained by visiting
the City's website at www.opalockafl.gov (click "RFP/PROPOSALS" located on the right hand side
of the screen and follow the instructions).
The City will award the Contract to the lowest, responsive, and best responsible bidder. The City
reserves the right to award the Contract deemed to be in the best interest of the City, waive any
informality in any proposal or reject any and all proposals. Pricing will be weighed heavily on
selecting the bidder, but will not be the sole defining factor. Innovative design as well as local job
creation will be seriously considered. The City further reserves the right to award the contract to
that bidder whose proposal best complies with the RFP NO: 20-XXX requirements. Bidders may
not withdraw their proposal for a period of ninety (90) days from the date set for the opening
thereof.
A Mandatory Pre -Bid meeting will be held on XXX, XXX, 20XX at 10:30 am at 780 Fisherman
Street, Ste. 315, Opa-locka, FL 33054.
Joanna Flores, CMC,
City Clerk
Page 2
1-GENERAL
1.1 SUMMARY
A. Work covered by this section of the specifications shall conform to contract
documents, engineering plans as well as state and local codes.
B. The purpose of these specifications is to define the lighting system performance and
design standards for The City of Opa-Locka for the Ingram Park —Multipurpose Field —
Basketball Courts and Tennis Courts using an LED lighting source. The manufacturer /
contractor shall supply the lighting systems to meet or exceed the standards set forth
in these specifications. Existing poles shall be reused.
C. The sports lighting system(s) will be for the following venue(s):
1. Multipurpose Field
2. Basketball Courts
3. Tennis Courts
D. The primary goals of this lighting project are:
1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety
of the players and the enjoyment of spectators. Light levels are guaranteed to
not drop below specified target values for entire warranty period.
2. Environmental Light Control: Minimize spill light to adjoining properties and
glare to the players, spectators and neighbors.
3. Life -cycle Cost: To reduce operating costs, the preferred lighting system shall
be energy efficient and cost effective to operate. System energy consumption
is to be maintained over the life of the system and will not increase as the
system ages.
4. Control and Monitoring: To reduce system and labor costs and allow for
optimal operational flexibility of the lighting system, the customer requires a
wireless control system. The system shall be capable of on/off/dimming and
individual light control to reduce energy consumption. The system shall be
accessible via Wi-Fi, cellular and/or LAN connectivity and permit multiple user
on site/remote control and scheduling/health monitoring to detect and
monitor system usage and outages.
Page 3
1.2 LIGHTING PERFORMANCE
A. Illumination Levels and Design Factors: Playing surfaces shall be lit to an average target
illumination level and uniformity as specified in the chart below. Lighting calculations
shall be developed, and field measurements taken on the grid spacing with the
minimum number of grid points specified herein.
B. Average illumination level shall be measured in accordance with the latest IESNA
Sports and Recreational Area Lighting requirements.
C. Illumination levels shall not drop below desired target values in accordance with latest
IESNA Sports and Recreational Area Lighting - Maintained Average Illumination
standards and shall be guaranteed for the full warranty period as specified herein.
Areagof Lighting
Average Target
Maxi, urn to
Minimum
Uniforrnity Ratio
Grid Points
GridSpacing
Illumirldlion
Levels
Baseball Infield
50fc
2:1
25
30' x 30'
Baseball Outfield
30fc
2.5:1
88
30' x 30'
Softball Infield
50fc
2:1
25
20' x 20'
Softball Outfield
30fc
2.5:1
92
20' x 20'
Multi -purpose Field
30fc
2.5:1
84
30' x 30'
Soccer Field
30fc
2.5:1
84
30' x 30'
Bleachers
5fc
10:1
118
10' x 10'
Football Field
50fc
2:1
72
30' x 30'
Track
20fc
4:1
46
20' x 20'
D. Hours of usage: Designs shall be based on the following hours of usage:
Area of Lighting
Annual Usage Hours
10 Year Usage Hours
All Fields/Zones
400
4,000
Page 4
E. Mounting Heights and Locations: To ensure proper aiming angles for reduced glare
and to provide better playability, minimum mounting heights shall be as described
below. Higher mounting heights may be required based on photometric report to
ensure the top of the field angle is a minimum of 10 degrees below horizontal.
C)O(fPoles
° o - Designation
° o -
9
P1-P9
70'
1.3 ENVIRONMENTAL LIGHT CONTROL
A. Light Control for Luminaires: All luminaires shall utilize optics designed to minimize
glare and spill Tight while maintaining quality Tight above the poles for aerial play.
B. Spill Control: To minimize impact on adjacent properties, maximum horizontal spill
shall not exceed 0.5fc 150' from the edge of the fields. No fixture mounted anywhere
on the poles shall be aimed above the horizon. No up lighting will be permitted.
C. Photometric Report: A photometric report that shows aiming points of each luminaire
shall be provided to demonstrate the capability of achieving the specified
performance.
2 - SPORTS LIGHTING SYSTEM DESIGN AND CONSTRUCTION
2.1 ACCEPTABLE MANUFACTURERS
A. All components shall be designed and manufactured as a system. Luminaires, control
and integral driver system shall be provided from the below approved manufacturer.
All substitutions must provide a complete submittal package for approval 10 days prior
to bid. Any manufacturer considered for substitution must have a minimum of 5
years' experience in LED sports lighting.
1. Eaton Ephesus Sports Lighting
B. General description: The entire sports lighting system (poles, crossarms, wiring and
fixtures) must be supplied by a single entity that underwrites the warranty. The
complete lighting system shall consist of the listed equipment as follows:
1. Concrete encased, hot -dip galvanized steel poles.
2. LED luminaires: complete, integral unit, factory assembled and vacuum sealed.
3. Crossarms: factory pre -wired and assembled, hot -dip galvanized steel.
4. Controls: wireless control system with NEMA 4X rated enclosure.
5. All wiring from the load side of the breaker to the luminaire.
6. Aiming method for alignment and realignment of fixtures.
Page 5
2.2 FOUNDATIONS
A. The pole foundations shall be designed for allowable stresses in accordance with latest
AASHTO standards. Foundation must be designed by Structural Engineer licensed in
the State of Florida. Installation and structure shall be based on wind speed criteria of
these specifications.
B. Concrete material for concrete foundations — all concrete shall have minimum
compressive strength of 3000 psi at 28 days. Concrete shall have maximum
water/cement ratio of 0.5. Foundation installation shall be in accordance with the
latest edition of ACI 336, Standard Specifications for the Construction of Drilled Piers.
C. Foundation strength — any concrete portions of the pole in which steel components
that provide tension strength are contained, shall be allowed to harden for a minimum
of 28 days before stress loads of pole attachment are applied.
D. Provide steel caissons where required to hold back collapse of augured hole and
concrete backfill as recommended by the foundation design engineer.
E. Include excavation and removal of materials other than normal soils such as rock,
caliche, etc.
2.3 POLE STRUCTURE
A. The poles shall be designed for allowable stresses in accordance with latest AASHTO
Standard Specification for Structural Supports for Highway Signs, Luminaires and
Traffic Signals.
B. The pole structure shall consist of a modular pole assembly. This shall consist of no
more than two shaft components. No single component shall weigh over 1500 pounds
to allow handling by light duty equipment in order to minimize damage to site.
C. Embedment shaft section shall be a single piece round tapered shaft section. The
taper rate and material cross section properties shall match the adjoining section.
The lower shaft section shall be embedded below grade encased in concrete a
minimum distance of 10% of the free-standing height of the structure plus 2' or as
recommended by engineer.
The shaft section shall be galvanized in accordance with ASTM A123 specifications.
The entire embedded shaft portion shall also be externally coated with Corrocote II
epoxy coating or coal tar epoxy up to 6" above the ground line. Concrete stub pole
sections are not acceptable due to excessive weight.
D. Each section of pole shaft material shall be of single -ply material and be made from a
single sheet of steel with no circumferential welded splices. The pole shafts cross-
section shall be round. The pole shaft sections shall be high -strength steel meeting
the requirements of ASTM A570 GR65 (65 ksi yield) and/or ASTM A595 GR55 (55 ksi
yield).
Page 6
E. Pole shaft sections shall be hot dip galvanized in accordance with the requirements of
ASTM A123 specifications. Each shaft assembly must be completely coated, inside and
out, in a single dip. Double dipping will not be permitted in compliance to USGA
(United States Galvanizing Association) recommended practices and procedures to
prevent acid entrapment. All miscellaneous connecting hardware shall be galvanized
in accordance with ASTM A153 specifications.
F. The structure shall be designed for the combined effective projected area (EPA) and
weight of all applicable accessories (i.e. luminaires, crossarms, and other components
such as speakers/mounting brackets). Concrete poles or pole sections are not
acceptable due to excessive weight and mobilization costs.
G. Wind loads — structure shall be based on the latest specifications of AASHTO and
designed to withstand wind speeds of 180 mph.
2.4 CROSSARM ASSEMBLY
A. All crossarms shall be factory pre -wired and assembled.
B. All crossarms shall be hot dip galvanized in accordance with the requirements of ASTM
A123 specifications
C. All wiring/connections should be factory assembled from the fixture mounting location
to the base of the pole.
D. Strain relief device(s) must be factory installed in pre -wired crossarm assembly to
ensure no weight or tension is placed on electrical connections.
E. All factory pre -wiring must be done in a manner that requires no electrical connections
inside the pole or crossarm assembly to be made in the field.
2.5 SPORTS LIGHTING SYSTEM
A. Product Requirements: Ephesus model ALL FIELD 750 WATT SPORTS FIXTURE or
approved equal.
-Remote drivers will not be approved. Drivers must be Tess than 8" from fixture.
B. LUMINAIRE: The luminaires must be an integral unit with maximum distance of 8
inches between power supply, driver, and LEDs to minimize power loss and EMI
(electromagnetic interference).
C. Entire fixture must be factory assembled and vacuum sealed and shall meet the
following specifications:
1. General:
a. UL Certified for wet locations
b. Operating temperature range rating between -40°C and +55°C
c. Certified to UL 844 and ANSI C136.31, 3G vibration requirements
d. IP Rating: IP66
Page 7
e. Efficacy of >_110 lumens/watt
f. Correlated Color Temperature (CCT) of 5700K
g. CRI of >_ 70
h. L70 lumen depreciation rating: >100,000 hours certified
i. Weigh <_ 501bs, including power supply, shade, bracket, and RF system
j. Effective projected area (EPA) <_ 1.4 ft2
k. Luminaires must be listed on the CPL of Design Lights Consortium® to`
ensure minimum quality and energy -efficiency standards are met for
qualification in energy efficiency programs.
2. Integrated and Thermally Isolated Power Supply:
a. Wide input range of 120VAC to 240VAC or 277VAC to 480VAC
b. Power factor: >0.98 @ 277VAC and >0.97 @480VAC
c. THD (Total Harmonic Distortion) <17%
d. Pulse width modulation greater than 18 Khz with a flicker index rating
<0.06
e. Thermal sensors to monitor temperature readings of critical
components, and self -protect when conditions exceeded, and report
conditions wirelessly to remote site
f. Ultra -low standby power draw of <_ 1%
g. No remote driver solutions are permitted because of parasitic power
consumption and high installation costs.
3. Optics and Lensing:
a. Luminaire shall include custom lensing injection molded from optical
grade, impact resistant lens with a UV additive to provide for long-term
sunlight exposure.
b. Luminaire lensing shall be TIR (Total Internal Reflection) based Internal
optic control and external visors to minimize glare on the playing surface.
4. Integrated Sensors:
a. Pressure
b. Humidity
c. Integrated accelerator for aiming, commissioning, and feedback on light
positioning.
5. Construction
a. Luminaire shall be round in design and constructed as a single pressure
cavity vessel system
b. Enclosure shall include a breathable vent for pressure fluctuation
reduction and increased seal life
c. Aluminum shall be chromate conversion coated and then two -stage
architectural grade powder- coated for long term resistance to corrosion
and UV exposure
d. Luminaire shall include separate control cards to current balance each
LED array into no less than 5 strings for effective lifetime management.
Page 8
2.6 CONTROL SYSTEM
A. The control and monitoring system shall provide instant on/off/dimming capabilities.
and must meet the following specifications: (no exceptions will be made)
1. Wireless control
2. Dimming to 1%
3. Individual light control to reduce energy consumption
4. Schedule/control system via Wi-Fi, LAN and/or cellular connectivity for remote
operation
5. Store up to 25 pre-programmed scenes for manual on site operation
6. Capable of dynamic entertainment scenes (i.e. lights flashing, pinwheel, etc)
7. IOS and Android compatible wireless control for multiple users
8. Remote health monitoring and diagnostics, email alerts and notifications to
detect outages
9. Allow multiple user accounts with ability to assign various system permission
levels
10. Ability to schedule weekly and daily recurring events at fixed times
11. Capable of in -field firmware/software upgrades
12. Onsite and/or remote commissioning
13. Reporting and dashboards for:
a. Life time run hours
b. Life time power consumption
c. Power supply temp
d. Peak power supply temp
e. Average and peak current
f. Input Voltage
g. Peak Input Voltage
h. Average Power
i. Life time watt-hours
B. Control enclosure to be NEMA 4X molded fiberglass reinforced polyester with internal
gasket and stainless steel, quick release latches with ability to padlock for security
purposes. Input Power: 120 VAC +/-25%, 8W max, 5.5w typical
1. Interior Components
a. Synapse SS450 On -site Controller & Antenna
b. 5-button switch programmed for fixed dim levels applied to All lights (0%,
25%, 50%, 75%, 100%)
c. User -configurable in future software release
d. Includes surge protection device
Page 9
e. Meets ANSI C136.2 Extreme Level 20kV/10kA and IEEE C62.41.2 Location
Category C High Exposure Radio : 2.4 GHz 802.15.4 +20dBm transmit
power-103 dBm receive sensitivityWiFi 2.4 Ghz 802.11
C. Controller shall be protected against memory loss during power outages. If power
failure to the controller occurs during use, lights shall fail on to 100%. Once power is
restored controller shall resume normal event schedule.
2.7 SAFETY
A. All system components shall be UL listed for the appropriate application.
2.8 ELECTRICAL
A. The electrical power requirements for the sports lighting system shall meet the
following specifications:
1. Electrical Service: 277 to 480V or 120 to 240V
2. Energy Consumption: The total system kW consumption shall be 52292 kW or
Tess. System energy consumption will not increase as the system ages.
3 - EXECUTION
3.1 SOIL QUALITY CONTROL
It shall be the contractor's responsibility to notify the owner if soil conditions exist other
than those on which the foundation design is based, or if the soil cannot be readily
excavated. Contractor may issue a change order request/estimate for the Owner's
approval/payment for additional costs associated with:
1. Providing engineered foundation embedment design by a registered engineer
in the State of Florida for soils other than specified soil conditions;
2. Additional materials required to achieve alternate foundation
3. Excavation and removal of materials other than normal soils, such as rock,
caliche, etc.
Page 10
3.2 DELIVERY
A. Timing: The equipment shall be on -site 2 to 3 weeks from receipt of approved
submittals and receipt of complete order information.
1. The entire system shall be delivered to the jobsite by the supplier.
2. All material (poles, fixtures, crossarm assemblies, etc.) shall arrive the same
day.
3. The contractor shall off-load all material and stage required material at each
pole location to eliminate possibility of lost or damaged material.
3.3 FIELD QUALITY CONTROL
A. Illumination Measurements: Upon substantial completion of the project and in the
presence of the Contractor, Project Engineer, Owner's Representative, and
Manufacturer's Representative, illumination measurements shall be taken and
verified. The illumination measurements shall be conducted in accordance with the
latest Illuminating Engineering Society of North America (IESNA) Sports and
Recreational Area Lighting standards.
B. Correcting Non -Conformance: If, in the opinion of the Owner or his appointed
representative, the actual performance levels of the system are not in conformance
with the requirements of the specifications and submitted information, the
Contractor/Manufacturer shall be required to make adjustments to meet
specifications and satisfy Owner.
3.4 WARRANTY AND GUARANTEE
A. 10-Year Warranty: Manufacturer shall supply a signed warranty covering the entire
system for 10 years from the date of shipment. Warranty shall cover guaranteed light
levels and structural integrity of the system. Any parts, except fuses, found to be
defective shall be replaced during the entire warranty period. System energy
consumption is to be maintained for entire warranty period and will not increase as
the system ages.
B. Manufacturer shall maintain specifically funded financial reserves to assure fulfillment
of the warranty for the full term. Warranty does not cover damage due to weather
conditions, acts of God, accidents, misuse, misapplication, abuse, negligence, failure of
owner's electrical service, or unauthorized modification of any part of the product.
C. Individual luminaire outages shall be repaired or replaced when the usage of any field
is materially impacted by greater than 10%.
Page 11
4 - DESIGN APPROVAL
4.1 SUBMITTAL REQUIREMENTS
A. Sports lighting system shop drawings shall include:
item
.
Description a ;
tad` ;;+s'r, ..
Equipment Layout
Drawing(s) showing field layouts with pole locations
On Field Lighting
Design
•
Lighting design drawing(s) showing:
a. Field Name, date, file number, prepared by
b. Outline of field(s) being lighted, as well as pole locations
referenced to the center of the field (x & y), illuminance
levels at grid spacing specified
c. Pole height, number of fixtures per pole, horizontal and
vertical aiming angles, as well as luminaire information
including wattage, lumens and optics
d. Height of light test meter above field surface.
e. Summary table showing the number and spacing of grid
points; average, minimum and maximum illuminance levels
in foot candles (fc); uniformity including maximum to
minimum ratio, coefficient of variance (CV), uniformity
gradient (UG); number of luminaries, total system kilowatts;
light loss factor.
Photometric Report
A photometric report that shows aiming points to demonstrate the
capability of the system to achieve the specified performance.
Photometric Files
IES files for each NEMA configuration specified in the sports lighting
design.
Pole Structural
Calculations
Pole structural calculations and foundation design showing
foundation shape, depth backfill requirements, rebar and anchor
bolts (if required). Pole base reaction forces shall be shown on the
foundation drawing along with soil bearing pressures. Design must
be stamped by a structural engineer in the State of Florida.
Foundation
Drawings
Project specific foundation drawings stamped by a registered,
licensed structural engineer in the State of Florida. The foundation
drawings must list the moment, shear (horizontal) force, and axial
(vertical) force at ground level for each pole.
Control &
Monitoring System
Written definition and schematics for wireless control system.
Page 12
Standard. Catalog
'Cut' Sheets
Luminaire specification sheets
Qualifications &
Experience
Provide a list of 10 similar projects installed with LED sports lighting.
Include project name, location, installation date and reference
contact.
B. Lay -down and mobilization plan shall include:
1. Method to secure light poles and assemblies prior to final installation to
prevent roll-over. Contractor responsible to protect equipment from theft or
vandalism.
2. Lay down plan prior to any light pole deliveries. Lay down plan shall include
temporary storage locations, rigging methods and delivery locations.
3. Indicate the above on an 11" x 17" drawing and include with shop drawings.
5 - ITEMS TO BE SUPPLIED FOR ALTERNATE SYSTEMS, APPROVAL
1. All Required Submittal Information listed above.
2. Photometric design layout for specified light level showing 30' x 30' point by
point "maintained" foot-candle levels for each field meeting requirements of
these specifications.
3. Letter on light system manufacturer's letterhead guaranteeing light levels will
be met.
4. Letter on light system manufacturer's letterhead guaranteeing control system
meets specification.
5. Letter on Tight system manufacturer's letterhead guaranteeing warranty and
financial reserves.
6. Letter on light system manufacturer's letterhead guaranteeing energy
consumption will not increase over time.
7. Letter on light system manufacturer's letterhead guaranteeing factory
assembled vacuum sealed fixture can be dimmed from 0-100% fixture.
8. Descriptive literature on all proposed lighting equipment.
9. Exceptions: Statement of exceptions and discrepancies to bid specifications if
any.
Page 13
6 - KEY DATES
RFP Release date
XXX
Proposal Submission Date & Time
XXX
Proposals must be received by the office of:
Office of the City Clerk
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONFIDENTIAL— DO NOT OPEN
7 - EVALUATION CRITERIA
7.1 EVALUATION PROCESS
The evaluation criteria are as follows:
Criterion
Description
Weight
Financial Soundness
Bonding capacity and insurance coverage.
10%
Participation
Requirements
Requirements associated with funding sources.
Contractor's history with MBE / WBE (minority/woman-owned business).
Approach to employment inquiries on site.
15%
Technical Approach
The thoroughness, clarity, and soundness of the proposed construction approach.
20%
Management Capability
Past performance and quality (references)
Project management organization
Experience of technical personel
20%
Health and Safety
Safety
OSHA Incident rate
Management safety accountability
5%
Reputation
Length of time in business
Past owner/contractor, relationship
10%
Cost
Total cost of the project.
20%
TOTAL
7.2 CONTRACT AWARDS
100%
Rating Scale
0
Fails to Fit
1
Poor Fit
2
Fair Fit
3
Good Fit
4
Very Good Fit
5
Excellent Fit
The City anticipates entering into an Agreement with the Proposer who submits the proposal
judged by the City to be most advantageous. The Proposer understands that this RFP does not
constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be
Page 14
deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the
best proposal has been identified, approved by the appropriate level of authority within the City
and executed by all parties. The City anticipates that the final Agreement will be in substantial
conformance with this sample Agreement; nevertheless, Proposers are advised that any
Agreement may result from the RFP may deviate from the Sample Agreement. The City reserves
the right to reject all proposals, to abandon the project and/or to solicit and re -advertise for
other proposals.
7.3 INQUIRIES
The City Clerk will receive written requests for clarification concerning the meaning or
interpretations of the RFP, until eight (8) days prior to the submittal date. City personnel are
authorized only to direct the attention of prospective Proposers to various portions of the RFP so
that they may read and interpret such for themselves. No employee of the City is authorized to
interpret any portion of this RFP or give information as to the requirements of the RFP in
addition to what is contained in the written RFP document.
7.4 ADDENDUM
The City may record its response to inquiries and any supplemental instructions in the form of
written addenda. The CITY may mail written addenda up to three (3) calendar days before the
date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any
addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral
explanation given before the RFP opening will not be binding.
AII Proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the City through written communication
prior to the opening of the proposals.
7.5 CONTRACTUAL AGREEMENT
This RFP and Consultant proposal shall be included and incorporated in the final award. The
order of contractual precedence will be the Contract or Agreement document, original Terms
and Conditions, and Proposer response. Any and all legal action necessary to enforce the award
will be held in the City of Opa-locka and the contractual obligations will be interpreted according
to the laws of Florida. Any additional contract or agreement requested for consideration by the
Proposer must be attached and enclosed as part of the proposal.
7.6 PUBLIC RECORDS
Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals
become "public records" and shall be subject to public disclosure consistent with Chapter 119
Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the
response to the RFP, and must identify the data or other materials to be protected, and must
Page 15
state the reasons why such exclusion from public disclosure is necessary. Document files may be
examined, during normal working hours.
7.7 PUBLIC ENTITY CRIMES
Award will not be made to any person or affiliate identified on the Department of Management
Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who
are disqualified from public contracting and purchasing process because they have been found
guilty of a public entity crime. No public entity shall award any contract to, or transact any
business in excess of the threshold amount provided in Section 287.017 Florida Statutes for
Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List"
for a period of thirty-six (36) months from the date that person or affiliate was placed on the
"Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing
and submitting the RFP proposal forms, Proposer attests that they have not been placed on the
"Convicted Vendor List".
8 - PROPOSAL SUBMISSION
8.1 LATE PROPOSALS
Proposals received after the Closing Time will not be accepted or considered. Delays caused by
any delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time.
Firms submitting proposals are fully responsible for their delivery. Reliance upon mail or mail
carriers is at the firm's risk.
8.2 ADDENDUM
If the City determines that an amendment is required to this RFP, the City representative will
post a written addendum on the City Website at www.Opalockafl.gov (the "City Website") and
upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is
effective unless it is posted in a formal written addendum on the City Website. Upon submitting
a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on
the City Website.
8.3 OPENING OF PROPOSALS
The City intends to open Proposals in public.
8.4 CITY RIGHTS
The City reserves the right to reject any or all proposals and to waive any informality in proposals
received: The City also reserves the right to reject proposals from companies who have
Page 16
previously failed to perform properly or complete on time contracts for the City, or a proposal
where investigation shows that the proposing company is not in a position to successfully
perform the contract, in the judgment of the City.
The City reserves the right to reject a proposal, regardless of price and conditions, where the
proposed terms and/or conditions are deemed unacceptable to the City. This Request for
Qualifications does not commit the City to award a contract, to pay for any costs incurred in
preparation of a proposal, nor contract for services
9 - BIDDING PROCEDURES AND PROTESTS
9.1 DEVELOPMENT COSTS
Neither the City nor its representatives shall be liable for any expenses incurred in connection
with preparation of a response to this Request for Qualifications. Proposers should prepare their
proposals simply and economically, providing a straightforward and concise description of the
Proposer's ability to meet the requirements of the RFP.
9.2 CODE OF ETHICS
If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locka
or the State of Florida with respect to this proposal, such Proposer may be disqualified from
performing the work described in this proposal or from furnishing the goods or services for
which the proposal is submitted and shall be further disqualified from submitting any future
proposals for work, goods or services for the City of Opa-locka.
9.3 CONE OF SILENCE
Proposers are hereby advised that this RFP is subject to the "Cone of Silence", in accordance
with Ordinance 98-106. From the time of advertising until the City Manager issues a
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at pre -proposal conference, public
presentations made to the City Commissioners during any duly notices public meeting, or
communications in writing at any time with any city employee, official, or member of the City
Commissioners unless specifically prohibited herein. A copy of all written communications must
be filed with the City Clerk, at the address as listed in Section 1.4 herein. Among other penalties,
violation of these provisions by any particular bidder shall render any Bid ward to said bidder
voidable.
Page 17
9.4 PROTESTS
Protests of the plans, specifications, and other requirements of the request for qualifications
must be received in writing by the City Clerk's Office at least ten (10) working days prior to the
scheduled bid opening. A detailed explanation of the reason for the protest must be included.
Protests of the award or intended award of the contract must be in writing and received in the
City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of
the protest must be included.
9.5 GENERAL CONDITIONS
The City is under no obligation to accept any Proposal submitted. The City reserves the right in
its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any
Proposal deemed most favorable in the interest of the City, or cancel the competition at any
time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do
nothing.
This RFP is not a tender and does not commit the City in any way to select a Preferred
Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City
reserves the complete right to at any time reject all Proposals, and to terminate this RFP process.
10 - INSURANCE REQUIREMENTS
10.1 REQUIRED INSURANCE
General Liability
The Vendor (contractor) shall furnish, pay for, and maintain during the life of this contract, such
general liability insurance to protect the City, the Contractor, and any of his/her subcontractors
who may be performing any work under the terms and provisions of this contract from claims for
damages or bodily injury, including accidental death, as well as from claims for this contract
whether such operations as may be performed by the Vendor or by any sub -contractor or by any
other party directly or indirectly employed by either the Vendor or the sub -contractor.
The Vendor's insurance coverage shall include General Liability, Automobile Liability,
Professional Liability and Worker's Compensation and Employer's Liability. The General Liability
shall be the Comprehensive form including the categories of: Premises and Operations,
Underground and Collapse Hazard, Products and Completed Operations, Contractual,
Independent Vendors, Broad Form Property Damage, and Personal Injury in the minimum
amounts of $1,000,000 for combined Bodily Injury and Property Damage.
The Proposer's comprehensive general liability policy shall include contractual liability on a
blanket or specific basis to cover this indemnification. Such insurance shall be written by a
company licensed to do business in the State of Florida and satisfactory to the City. Prior to
Page 18
commencing any work under the contract, certificates evidencing the maintenance of said
insurance shall be furnished to and approved by the City's Risk Manager.
The Certificate of Insurance shall show the City of Opa-Iocka as an additional insured party to the
Vendor, shall show that all sub -contractors or any other party directly or indirectly employed by
either the Vendor or the sub -contractor as additional insured party(s) and shall also show the
City of Opa-Iocka as the Certificate Holder. The Certificate Holder shall be notified a minimum of
30 days prior to any cancellation of policy which may occur prior to the policy expiration date
contained on the Certificate of Insurance.
The Worker's Compensation and Employer's Liability shall be in conformance with current State
of Florida Statutory requirements.
Business Automobile Liability
The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if
applicable. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined
Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an
"Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the
Business. Automobile Policies of the Insurance Services Office (ISO).
Professional Liability
The Vendor shall procure and maintain for the life of this contract, Professional Liability
Insurance. This insurance shall provide coverage against such liability resulting from this
contract/project. The minimum limits of coverage shall be $1,000,000 per occurrence with
deductible or self -insured retention (SIR) indicated.
The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims,
suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising
directly or indirectly from the performance by the Vendor, its employees, subcontractors, or
assigns, including legal fees, court costs, or other legal expenses. Vendor acknowledges that it is
solely responsible for complying with the terms of this RFP. In addition, the Vendor shall, at its
expense, secure and provide to City, prior to beginning performance under this RFP, insurance
coverage as required in this RFP.
Proof of Insurance
The contractor shall furnish the City with satisfactory proof of carriage of all insurance required
by this RFP. Any party providing services or products to the City will be expected to enter into a
written agreement, contract, or purchase order with the City that incorporates, either in writing
or by reference, all of the pertinent provisions relating to insurance and insurance requirements
as contained herein. A failure to do so may, at the sole option, of the City, disqualify any bidder or
proposer of services and/or products to the City.
10.2 LICENSES
Proposers, both corporate and individual, must be fully licensed and certified in the State of
Florida at the time of RFP submittal. The proposal of any Proposer who is not fully licensed and
certified shall be rejected
Page 19
11- BONDS
11.1 PERFORMANCE BOND
Prior to the execution of the contract, the successful bidder will be required to furnish a 100%
Performance Bond. Each bid must be accompanied by an officer signed surety from an approved
surety company that is licensed to conduct business in the State of Florida. The Consent of
Surety shall state that the surety company in question unconditionally agrees to furnish the
required performance bond for the full amount of the contact. Each Consent of Surety must
include the surety's most recent available financial statement. Failure to provide the required
Consent of Surety at the time of proposal submission shall preclude the bid from being
considered.
12 - LEGAL LIABILITY
12.1 INDEMNIFICATION
The work performed by the vendor shall be at the risk of the vendor exclusively. To the fullest
extent permitted by law, the vendor shall indemnify, defend (at the vendor's sole expense) and
hold harmless the owner, joint ventures, representatives, members, designees, officers,
directors, employees, agents, successors and assigns ("indemnified parties") from and against
any and all claims for bodily injury, death or damage to property, demands, damages, actions,
causes of actions, suits, losses, judgments, obligations and any liabilities, costs and expenses
(including but not limited to investigative and repair costs, attorney's fees and costs) ("claims")
which arise or are in any way connected with the work performed, materials furnished, or
services provided under this agreement by the vendor or its agents. These indemnity and
defense obligations shall apply to any acts or missions, negligent or willful misconduct of the
supplier, its employees, or agents, whether 'active or passive. The vendor shall not be obligated
to indemnify or defend the owner for claims found to be due to the sole negligence or willful
misconduct of the indemnified parties. The vendor's indemnification and defense obligations
hereunder shall extend to claims occurring after this agreement is terminated as well as while it
is in force, and shall continue until it is finally adjudicated and any and all actions against the
indemnified parties for such matter which are indemnified hereunder are fully and finally barred
by applicable laws.
12.2 RISK OF LOSS, DESTRUCTION, OR DAMAGE
The City will not be responsible for any theft, destruction of, or damage to equipment from any
cause, with the exception of negligence or willful acts by an employee(s) or agent(s) of the City.
Page 20
12.3 NON -COLLUSION AFFIDAVIT
The vendor, in accordance with Miami -Dade County requirements, must sign an affidavit of non -
collusion which has been attached hereto. This document must be signed and returned with the
bid response.
12.4 TERMINATION FOR CONVENIENCE
A contract may be terminated in whole or in part by the City at any time and for any reason in
accordance with this clause whenever the City shall determine that such termination is in the
best interest of the City. Any such termination shall be effected by the delivery to the contractor
at least five (5) working days before the effective date of a Notice of Termination specifying the
extent to which performance shall be terminated and the date upon which termination becomes
effective. An equitable adjustment in the contract price shall be made for the completed service,
but no amount shall be allowed for anticipated profit on unperformed services.
12.5 LITIGATION
In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a
Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is
or has been engaged directly or indirectly in a legal action against the City, its elected or
appointed officers, representatives or employees in relation to any matter. In determining
whether or not to reject a Proposal under this section, the City will consider whether the
litigation is likely to affect the Proponent's ability to work with the City, its consultants and
representatives and whether the City's experience with the Proponent indicates that there is a
risk the City will incur increased staff and legal costs in the administration of the Contract if it is
awarded to the Proponent.
FORMS AND ATTACHMENTS
FAILURE TO COMPLETE AND RETURN THIS AND ALL FORMS MAY DEEM YOUR BID NON-
RESPONSIVE
Page 21
RFP NO: 20-XXX
PROPOSER QUALIFICATIONS
The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Consultant's
Occupational License in the area of their fixed business location. The following information
MUST be completed and submitted with the proposal to be considered:
Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation ( ) Partnership () Individual ( )
3. If Corporation, state:
Date of Incorporation:
State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of
such authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least five commercial or government references that the bidder has
supplied service/commodities meeting the requirements of the City of Opa-locka specification,
during the last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the proposers will be analyzed by the City
of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to
insure that the Consultants, in the sole opinion of the City of Opa-locka, can sufficiently and
efficiently perform all the required services in a timely and satisfactory manner as will be
required by the subject contract. If there are any terms and/or conditions that are in conflict, the
most stringent requirement shall apply.
Page 22
CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY
1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of
its Principals:
A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency.
B. Have not, within a three-year period preceding this offer, 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) contract
or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more
contracts terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions). This Certification Concerns a Matter Within the
Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,
Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Proposer learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However, the certification
will be considered in connection with a determination of the Proposer's responsibility. Failure
of the Proposer to furnish a certification or provide such additional information as requested
by the Contracting Officer may render the Proposer nonresponsive.
Page 23
D. 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 paragraph (a) of this
provision. The knowledge and information of a Proposer is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
E. The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Proposer
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONSULTANT
COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
Signature
Printed Name
Page 24
CITY OF OPA-LOCKA
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or
contractual services, a bid/proposal received from a business that certifies that it has
implemented a drug -free workplace -program shall be given preference in the award process. In
order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substances is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction on or plea
of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled
substance law of the United States or any singular state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program,
which meets the requirements of Section 287.087, Florida Statutes, which are identified in
numbers (1) through (6) above.
Date Signature
Page 25
CITY OF OPA-LOCKA
NON -COLLUSION AFFIDAVIT
STATE OF FLORIDA- COUNTY OF MIAMI DADE
being first duly sworn, deposes and says that:
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
the PROPONENT that has submitted the
attached proposal;
(2) He/She/They is/are fully informed respecting the preparation and contents of the
attached Proposal and of all pertinent circumstances respecting such Proposal;
(3) Such Proposal is genuineand is not a collusive or sham Proposal;
(4) Neither the said PROPONENT nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any way
colluded, conspired, connived or agreed, directly or indirectly, with any other
PROPONENT, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
Proposing in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal
or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the
Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against
(Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of
the PROPONENT or any other of its agents, representatives, owners, employees or
parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
Page 26
NON-DISCRIMINATION AFFIDAVIT
I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity
represented herein shall not discriminate against any person in its operations, activities or
delivery of services under any agreement it enters into with the City of Opa-Iocka. The same shall
affirmatively comply with all applicable provisions of federal, state and local equal employment
laws and shall not engage in or commit any discriminatory practice against any person based on
race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation or any other factor which cannot be lawfully used as a basis
for service delivery.
Sworn and subscribed before this
By:
Title:
day of , 20
Notary Public, State of Florida
(Printed Name)
My commission expires:
Page 27
INGRAM PARK
FIELD RELIGHTING AND COMPLIANCE
CITY OF OPA-LOCKA
PROPOSAL BID FORM
Vendor Name:
Fixed, cost bid:
We, the undersigned, hereby propose and agree to fumish to the City of Opa-Iocka all work as defined in
the RFP. This proposal is subject to all terms of the specifications and bid conditions, and we hereby agree
to fumish such items as may be awarded to us.
Authorized Signature Date
Print Name Telephone Number
Title Email Address
Page 28
ATTACHMENT A
Page 1 of 6
ATTACHMENT A
"General Decision Number: FL28200215 01/03/2020
Superseded General Decision Number: FL20190215
State: Florida
Construction Type: Building
County: Miami -Dade County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family.,
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.80 for calendar year 2020 applies to all contracts
subject to the Davis -Bacon Act for which the contract is awarded
(and any solicitation was issued) on or after January 1, 2015;
If this contract is covered by the E0, the contractor must pay
all workers in any classification listed on this wage
determination at least $10.80 per hour (or the applicable
wage rate listed on this wage determination, if it is higher).
for all hours spent performing on the contract in calendar
year 2028. If this contract is covered by the E0 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
f orth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,
if it is higher thap 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"won Act itself, but it does not apply
to contracts subject only to the Davis -Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60). Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
O 01/03/2020
A58E0060-001 03/02/2016
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR $ 34.58 12.57
CARP1889-002 08/01/2016
Rates Fringes
CARPENTER: PILEDRIVERMAN.........$ 25.20 10.36
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Page 29
ELEV0071-002 01/01/2019
Rates Fringes
ELEVATOR MECHANIC $ 44.45. 33.705
FOOTNOTE:
A: Employer contributes 8% basic hourly rate for 5 years or
more of service or 6% basic hourly rate for 6 months to 5
years of service as Vacation Pay Credit; Paid Holidays:
New Year's Day; Memorial Day; Independence Day; Labor Day;
Veteran's•Day; Thanksgiving Day; plus the Friday after
Thanksgiving; and Christmas Day.
ENGI0487-019 07/01/2016
Rates Fringes
OPERATOR:
Backhoe/Excavator/Trackhoe $ 23.75 9.20
ENGI0487-020 05/01/2016
Rates Fringes
OPERATQR: Concrete Pump $ 26.04 9.23
ENGI0487-021 07/01/2016
Rates Fringes
OPERATOR: Crane
All Cranes.160 Ton
Capacity and Over $ 33.05 9.20
All Cranes Over 15 Ton
Capacity $ 32.05 9.20
OPERATOR: Forklift $ 23.25 9.20
OPERATOR: Mechanic $ 32.05 9.20
OPERATOR: Oiler $.23.50 9.20
* IRON0272-001 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL $ 25.49 11.99
* IRON0402-001 01/01/2019
Rates
IRONWORKER, ORNAMENTAL $ 23.69
Fringes
12.70
PLUM0519-001 04/01/2018
Rates Fringes
Page 2 of 6
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Page 30
Page 3 of 6
PLUMBER $ 29.13 10.89
PLUM0725-001 07/16/2018
Rates Fringes
PIPEFITTER (Includes HVAC
Pipe, Unit and Temperature
Controls Installations) $ 35.63 14.15
SFFL0821-004 01/01/2019
Rates Fringes
SPRINKLER FITTEI (Fire
Sprinklers) $ 28.38 19.44
SHEE0032-001 12/01/2013
Rates Fringes
SHEET METAL WORKER, Includes
HVAC Duct Installation $ 23.50 12.18
SUFL2014-024 08/16/2016
Rates Fringes
CARPENTER, Includes
Acoustical Ceiling
Installation, Drywall
Finishing/Taping, Drywall
Hanging, Form Work, -Metal
Stud Installation $•18 4. 3.24
CEMENT MASON/CONCRETE FINISRI;3.06 0.70
ELECTRICIAN, Includes Low
Voltage Wiring $ 29.60 9.38
IRONWORKER, REINFORCING $ 17.72 0.00
LABORER: Common or General,
Including Cement Mason Tending$ 11.79 0.70
LABORER: Pipelayer $ 13.56 1.34
OPERATOR: Bulldozer $'15.40 1.90
OPERATOR: Grader/Blade $ 18.97 0.00
OPERATOR: Loader $ 16.08 2.82
OPERATOR: Roller $ 14.43 4.78
PAINTER: Brush, Roller and
Spray $ 16.00 3.48
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Page 31
Page 4 of 6
ROOFER $ 19.98 4.77
TILE SETTER $ 18.01 0.00'
TRUCK DRIVER: Dump Truck $ 13.22 2.12
TRUCK DRIVER: Lowboy Truck $ 14.24 0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13786, 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.]anuary 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health -related needs, including
preventive care; to. assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health -related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on, contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) .(1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the.
cited type(s).of„.construction in the area covered by the wage
determination. Theassifications 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
i..,a.ta-rt.tP.,ninetinn/FT (170A715/O?index=wd&is active=true&date... 1/21/2020
Page 32
Page 5 of 6
classification, which in this example would be Plumbers. 0198
indicates'the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non -union rates. Example: SULA2012-007. 5/13/2014. SU indicates
the rates are survey rates based on";e`weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
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(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those •
classifications:; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in• producing the wage
determination. 08/29/2014 indicates the survey completidn 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:
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Page 33
Page 6 of 6
* 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-:theMsponse from this initial
contact is not satisfactory, then=fhe 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 Determgons. Write to:
Branch of Construction Wage Determinations
Wage and Hour- Division
U:•S'.k)t!a"rtment of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
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.
West:44,00n, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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Page 34
ATTACHMENT B - Federal Labor Standards Provisions
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
ATTACHMENT B
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 Tess 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 e
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 teas often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weakly 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(0)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(li) 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.
(II) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified In
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested Is not performed by a classification in the wage
determination: and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or Its designee agree on the
classification and wage rate (Including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division.
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed In the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate).
HUD or Its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work Is performed In
the classification.
(I11) 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
Previous editions are obsolete
Name of Company:
Date:
fore HUD-4010 (0612009)
Paget of 5 ref. Handbook 1344.1
Initials:
Page 35
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan .or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
requirethe contractor to set aside In a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon Its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices. trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee or
helper, employed or working an the site of the work. all or
part of the wages required by the contract, HUD or its
designee may. after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (I) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification. hourly rates of wages paid (Including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
In Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program Is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs. the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week
In .which any contract work is performed a copy of all
payrolls to HUD or its designee If the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(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
jrttor//www.dot.aov/esa/whd/forms/wh3471nsfr.hfm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract. but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner. as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records. without weekly submission
to HUD or Its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
'Statement of Compliance,' signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persona employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such Information is
correct and complete;
Previous editions areobaolete
Name of Company:
Date:
form HUD-4010 (0612009)
Page 2 of 5 ref. Handbook 1344.1
Initials:
Page 36
(2) That each laborer or mechanic (including, each helper.
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3:
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed. as
specified in the applicable wage determination
incorporated Into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
'Statement of Compliance- required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(ill) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection. copying. or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available. HUD or its designee
may, after written notice to the contractor; sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore. failure. to submit the
required records upon request or to make such records
available may be grounds For debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
Tess than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered In a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed In his or her first 90
days of probationary employment as an apprentice In such
an apprenticeship program, who is not individually
registered In the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the Job site In any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate. who
Is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed In percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shallbe paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification. fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training. Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws, approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program Is
approved.
(II) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',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 siteshall 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 ere obsolete
Page 3 of 5
Name of Company: Initials:
Date:
form HUD-4010 (0612009)
ref. Handbook 1344.1
Page 37
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition.
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program. the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(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.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided In 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth In 29 CFR Parts 5, 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(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(II) No part of this contract shall be subcontracted to any
person or firm Ineligible for award of a Government
contract by virtue of Section 3(a) of the Davls-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.
(Ill) The penally for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code. Section 1 01 0, Title 18. U.S.C.,
'Federal Housing Administration transactions', provides in
part: 'Whoever. for the purpose of ... influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not mare than $5.000 or imprisoned' not
more than two years, or both.'
11. Complaints, Proceedings. or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used In this paragraph, the
terms laborers' and 'mechanics' include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the .contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic, in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth In subparagraph (1) of this paragraph. the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual.
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth In
subparagraph (1) of this paragraph, in the sum of S10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth In sub
paragraph (1) of this paragraph.
Previous editions are obsolete
Page 4 of 5
Name of Company: Initials
Date:
form HUD-4010 (06/2009)
ref. Handbook 1344.1
Page 38
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon Its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth In
subparagraph (2) of thls paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth In
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work In
surroundings or under working conditions which are
unsanitary. hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct es a means of enforcing
such provisions.
Previous eddions are obsolete form HUD-4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
Name of Company: initials:
Date:
Page 39
ATTACHMENT C — Federal Labor Standards and Section 3 Requirements
MAMI-DADECOONIY
PUBLIC HOUSING AND
COMMUNITY DEVE;LO.PMENT
ATTACHMENT
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT •
FEDERAL LABOR STANDARDS AND
SECTION 3 REQUIREMENTS
Agency Name:
City of Opa-Iocka
Project Name:
Ingram Park Field Relighting and Compliance
Project Address:
2100 N. Burlington Street, Opa-locka, FL 33054
Prepared by: Ron Williams
PHCD Project Manager
Date: January 7, 2020
Page 1 of 55
Page 40
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) 3
STATEMENT OF GENERAL CONTRACTOR'S CONSTRUCTION EXPERIENCE 4-5
CERTIFICATION. OF RECEIPT 6
INSURANCE REQUIREMENTS 7-8
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 9-12
Acquisition Threshold
Termination Clauses over$10,000
Equal Employment Opportunity
Davis Bacon Act
Contract Work Hours and Safety Standards Act (CWHASA)
Rights to Inventions
Department and Suspension EO 1549 &12689)
Byrd Anti -Lobbying Amendment
NONCOLLUSION AFFIDAVIT 13
CERTIFICATION REGARDING LOBBYING 14
AFFIRMATIVE ACTION STANDARDS 15-19
OTHER REQUIRED CERTIFICATIONS 20-22
Equal Employment Opportunity (EO 10925,11114, & 11246)
Affirmative Action (41 CFR 60-1 & 60-2)
Copeland Anti -Kickback (24 CFR part 85.36)
Disclosure forAnticipated Debarment
Nondiscrimination Clause
Age Discrimination Act of 1975
Section 504 of the Rehabilitation Act of 1973
Debarment, Suspension, Ineligibility and Voluntary Exclusion
DRUG -FREE WORKPLACE CERTIFICATION 23-24
INSTRUCTIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 25-26
EQUAL EMPLOYMENT OPPORTUNITY FOR SPECIAL DISABLED VETERANS 27-29
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES - 30-31
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION (EO 11246) 32-34
STANDARD FEDERAL EQUAL EMPLOYMENT CONTRACT SPECIFICATIONS 35-39
EQUAL EMPLOYMENT FOR CONTRACTS SURIECTTO EO 11246 40-41
CERTIFICATION FOR NONSEGREGATED FACILITIES 42
NOTICE OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES 43
NOTICE OF REQUIREMENT FOR CLEAN WATER, CLEAN AIR AND EPA REGULATIONS (EO 11738) 44-45
SWORN STATEMENT —PUBLIC ENTITY CRIMES 46-48
PHCD AGREEMENT TO AUTHORIZE EXAMINATION OF RECORDS 49
SECTION 3 50-54
Section 3 Requirements
Assurance of Compliance with Section 3
Bidder's Initial Section 3 Goals
DAVIS BACON WAGE DECISION ATTACHMENT A
FL20200125 MOD 0- 01/03/2020 F1125 - HEAVY
FEDERAL LABOR STANDARDS PROVISION(HUD 4010) ATTACHMENT B
Page 2 of 55
Page 41
NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S)
This project, in whole or in part, will be assisted through the Miami -Dade County Public Housing
and Community Development with Federal funding from Community Development Block Grant
and as such bidder must comply with Presidential Executive Order 11246, as amended; by
Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act
of 1968, as amended; the Copeland Anti -Kickback Act; the Contract Work Hours and Safety
Standards Act and all other applicable federal, state and local ordinance.
The bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must
ensure that employees are not discriminated because of race, color, religion, sex or national
origin.
This project is also a Section 3 covered activity. Section 3 requires that job training, employment
and contracting opportunities be directed to very -low and low income persons or business
owners who live in the project's area.
(Please use this language in the advertisement of the project)
Page 3 of 55
Page 42
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 dear and comprehensive. This
statement must be notarized. Add additional pages as necessary.
1.
Sub -Contractor:
2.
Sub -contractor Address:
Phone: I I Email address:
3.
Name of each owner, principal officer, partner, etc.
1
-
4.
Minority
Business?
0
Yes
❑
No
Women -owned Business?
0
Yes
❑
No
5 I Company Qualifier:
6. Years in Business:
7.
U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's
quarterly. Federal Tax/return, U.S. Treasury Department.
CC# License Number:
I State:
EIN#
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
Page 4 of 55
Page 43
10.
Contractor's on -going construction projects (Schedule these, showing gross amount of each contract and the
approximate anticipated dates of completion).
Project
Current Duration (months years)
Anticipated Completion. Date
11.
Have you ever defaulted on a Contract? ❑ Yes ❑ No Please explain.
12.
The subcontractor promises to defend, indemnify
County with regard to any disclosures or
and hold harmless the
(agency name) and Miami -Dade
arbitration or on appeal.
information received, whether at trial, in
(initials)
13.
The undersigned hereby authorizes and requests any person, firm, corporation, or
governmental unit, to furnish any information
recitals comprising this statement of bidder's
requested by the (name of
agency) in verification of the
experience
(initials)
Sworn to and subscribed before me this day of . 20
Date
By and is personally known to me or has presented
(Affiant)
as identification.
(Type of Identification)
(Signature of Notary)
(Serial Number)
(Print or Stamp Name of Notary)
(Expiration Date)
Notary Public Notary Seal
Page 5 of 55
Page 44
CERTIFICATION OF RECEIPT
This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban
Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project FIELD
RELIGHTING AND COMPLIANCE (Name of prance)
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: FL20200125 MOD#0 — 01/03/2020
FL125-HEAVY 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:
FL20200125 MOD#0 — 01/03/2020 FL125-HEAVY for this project.
Agency Name:
Employer ID #/FID #:
FuII Address (induding City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Subcontractor
Other
Page 6 of 55
Title:
Page 45
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.
I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary
certificate(s) and original policies described hereunder.
REQUIRED CERTIFICATES) OF INSURANCE
Worker's Compensation Insurance- for all employees of the Contractor as required by Florida Statute
440.
Professiorial Liability Insurance- in the name of the Contractor or the licensed design professional
employed by the Proposer in an amount of not less than $250,000.
Commercial General Liability — on a comprehensive basis, including Explosion, Collapse and
Underground Liability coverage in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional
insured with respect to this coverage.
Automobile Liability Insurance- covering all owned, non -owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
Completed Value Builder's Risk Insurance- on al "All Risk" basis (when applicable) in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or structure(s) as determined
by Miami -Dade County. The policy will show Miami -Dade County as a Loss Payee A.T.I.M.A.
All insurance requirements must be verified at before a pre -construction meeting is scheduled through the PHCD
Project Manager assigned.
III. All insurance policies required above all shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A" as to management, and no less than "Class VII" as to financial
strength, by A.M. Best Company, Oldwick, NewJersey, 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.
Page7of55
Page 46
IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value
Builder's Risk" which may be dropped after substantial completion.
The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk",
in force when performing any work during the guarantee period(s).
The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to
commencing any operation under this contract,,which certificates shall clearly indicate that the Contractor
has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the
contract.
NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
in advance notice to the certificate holder.
Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from
his liability under any other portion of this contract.
V. Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any insurance
policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other
legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct
the costs thereof from any amount, which are or may be due to the Contractor.
Page B of 55
Page 47
PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
In addition to other provisions required by US HUD in the HUD 4010 incorporated in this document,
the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the
Federal award must contain provisions covering the following, as stated in 2 CFR Appendix II to
Part 200:
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the
non -Federal entity including the manner by which it will be effected and the basis for settlement.
Provisions for termination are as follows:
1. Termination at Will
This contract, in whole or in part, may be terminated by the Principal Contractor/Owner
upon no Tess 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 9 of 55
Page 48
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Principal
Contractor/Owner through Board of County Commissioners' action, the Principal
Contractor/Owner may, at its discretion, request in writing from the Director of PHCD a
release from its contractual obligations to the County. The Director of PHCD will review
the effect of the request on the community and the County prior to making a final
determination.
5. Termination for Breach
The Principal Contractor/Owner may terminate this contract, in whole or in part, when
the Principal Contractor/Owner determines, in its sole and absolute discretion that the
Contractor is not making sufficient progress thereby endangering ultimate contract
performance, or is not materially complying with any term or provision of this contract.
Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing,
the Principal Contractor/Owner may, by written notice to the Contractor, terminate this
contract upon no less than twenty-four (24) hours' notice. Said notice shall be delivered
by certified mail, return receipt requested, or in person with proof of delivery.
Waiver of breach of any provision of this contract shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
contract. The provisions herein do not limit the Principal Contractor's/Owner's right to
legal or equitable remedies.
6. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
contract with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other contracts which such individual
or other subcontracted entity has with the County. Such individual or entity shall be
responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting
for up to five (5) years.
Page 10 of 55
Page 49
7. Payment Settlement
If termination occurs, the Contractor will be paid for allowable costs incurred in carrying
out activities required by this contract up to the date and time of termination.
(C) Equal Employment Opportunity. Except as otherwise provided under4l 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 Part3). The Act provides that each
contractor or subrecipient must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency.
Further, the provision listed below must be included in each set of bid documents and
incorporated in each contract, subcontract, and any lower -tier subcontract:
"The contractor hereby agrees that it will abide by the requirements of the Federal Labor
Standards Provisions issued by the United States Department of Housing and Urban Development
and described in Form HUD-4010 and those requirements contained in Wage General Decision
Number FL20200125 MOM —01/03/2020 FL125-HEAVY.
(E) Contract Work Hours and Safety Standards Act (CWHASA) (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
3702 of the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases o supplies
Page 11 of 55
Page 50
(I)
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
(F) Rights to Inventions Made under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR 401.2 (a) and the recipient or subrecipient wishes
to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 FR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative Agreements;' and any
implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.SC. 7401-7671a.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must contain a
provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA) see page 44-45.
(H) Debarment and Suspension (Executive Orders 1549 and 12689) — A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM.gov), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., P. 235), "Debarment and Suspension." SA Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
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.
Page 12 of 55
Page 51
STATE OF:
NONCOLLUSION AFFIDAVIT
COUNTY OF:
being first duly sworn, deposes and says that:
(1) He/she is of , 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
(Local Public Agency) or any person interested in the proposed
(5)
contract; and
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
(SIGNED)
Subscribed and sworn to before me this
day of 20
My commission expires:
Page 13 of 55
Title
Page 52
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
in excess of $100,000
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
Agency Name:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Subcontractor
Page 14 of 55
Title:
Other
Page 53
AFFIRMATIVE ACTION STANDARDS
Contracts covered by the Notice and Specifications shall take affirmative actionto ensure equal
employment opportunity. Evaluation of contractor's compliance with the affirmative action standards
shall be based on contractor's efforts to achieve maximum results from their actions. The contractor
shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative
action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the
efforts required to implement them and the records that should be maintained to document the
contractor's efforts.
1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at
all sites and in all facilities at which the contractor's employees are assigned to work. The contractor,
where possible, must assign 2 or more women to each construction project. The contractor shall
specifically insure that all forepersons, superintendents, and other on -site supervisory personnel are
aware of and carry out the contractor's obligation to maintain such a working environment, with
specific attention to minorities or women working at such sites or in such facilities.
To Demonstrate Compliance:
Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting
or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain
a working environment free of harassment, intimidation, and coercion and to where possible, assign
two or more women to each construction project. Monitoring of work environment by EEO officer.
2. Contractors must establish and maintain a current list of minority and women's recruitment sources,
provide written notification to minority andwomen'srecruitment 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
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Page 54
(if not) the reason; whether or not the person was sent to a union for referral and what happened;
and follow-up contracts when the contractor was hiring.
4. Contractors must provide immediate written notification to the Director when the union or unions
with which the contractor has a collective bargaining agreement failed to refer to the Contractor a
minority or woman sent by the contractor, or when the contractor has other information that the
union referral process impeded the contractor's efforts to meet its obligations.
To Demonstrate Compliance:
Contractors must have copies of letters sent to verify claim that the union is impeding the •
contractor's efforts to comply.
- 5. Contractors must develop on-the-job training opportunities or participate in training programs for the
area that expressly includes minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the contractor's employment needs, especially those programs
funded or approved by the Department of Labor. The contractor shall provide notices of those
programs to the sources compiled under Item 2, above.
To Demonstrate Compliance:
Contractors must have records of contributions in cash, equipment supplied or contractor personnel
provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor
funded training programs and records of the hiring and training of minorities and women from such
programs. Supply copies of letters informing minority and women's recruitment sources or schools
providing these training programs.
6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and
training programs and requesting their help in meeting its EEO obligations; by including it in any policy
manual and collective bargaining agreement; by publicizing it in the company newspaper or annual
report; by specific review of the policy with all management personnel and with all minority and
women employees at least once a year; and by posting the company EEO policy on bulletin boards
accessible to all employees at each location where construction work is performed.
To Demonstrate Compliance:
Contractors must have written EEO policies that include the name and contact information on the
contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a
copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records,
such as reports or diaries, that each minority and woman employee is aware of the policy and that it
has been discussed with them; (d) record that the policy has been discussed regularly at staff
meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make
copies of letters to unions and training programs requesting their cooperation in helping the
contractor meet its EEO obligations.
Contractors must review, at least annually, the company's EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination, or other employment decisions, including specific review of these
items with on -site supervisory personnel such as superintendents and general forepersons prior to
the initiation of work at any job site. Contractors must make and maintain a written record and
maintain it to identify the time and place of these meetings, persons attending, subject matter
discussed, and disposition of the subject matter.
Page 16 of 55
Page 55
To Demonstrate Compliance:
Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the
time and place of meeting, persons attending, subject matter discussed, and disposition of subject
matter.
8. Contractors must disseminate their EEO policies externally by including it in any advertising in the
news media, specifically including minority and women's policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business.
To Demonstrate Compliance:
Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new
major contract, to all recruiting sources (including labor unions and training programs) requiring
compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters
to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance
with the policy.
9. Contractors must direct recruitment efforts, both oral and written, to minority, women and
community organizations, to schools with minority and women students, and to minority and
women's recruitment and training organizations serving the contractor's recruitment area and
employment needs. Not later than one (1) month prior to the date for acceptance of applications for
apprenticeship or other training by any recruitment source, the contractor will send written
notification to such organizations, describing the openings, screeningprocedures, 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.
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Page 56
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 18 of 55
Page 57
joint ventures participated in with dollar amounts; have copies of solicitations sent to minority and
women's contractor associations or other business associations.
16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and
performance under the contractor's EEO policies and affirmative action obligations.
To Demonstrate Compliance:
Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with
supervisors regarding their employment practices as they relate to the contractor's EEO policy and
affirmative action obligations, and written evidence that supervisors were notified when their
employment practices adversely or positively impacted on the contractor's EEO and affirmative action
posture.
Initials
Page 19 of 55
Page 58
OTHER REQUIRED CERTIFICATIONS
A. EQUAL EMPLOYMENT OPPORTUNITY
Bidder, by submission of this quotation represents:
The undersigned has , has not , participated in a previous contract or subcontract
subject to the Equal Opportunity clause herein or the clause originally contained in Section 301
of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No.
11114; that it has , has not _ filed all required compliance reports; and that
representations indicating submission of the required compliance reports, signed by proposed
subcontractors, will be obtained prior to subcontract awards. (The above representation need
not be submitted in connection with contracts or subcontracts which are exempt from the
clause.)
For Contracts not subject to Executive Order 11246:
In carrying out the contract, the contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin. The contractor
shall take affirmative action to insure that applicants for employment are employed, and that
employees are treated during employment, without regard to their race, color religion, sex, or
national origin. Such action shall include, but not limited to, advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided 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 40-41
B. AFFIRMATIVE ACTION
The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract
subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has
not ( ) developed a written affirmative action compliance program for as required by the rules and
regulation of the Secretary of Labor (41CFR 60-1 and 60-2); it has not previously had
contracts subject to written affirmative action program requirements of the rules and regulations
of the Secretary of Labor; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the
Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity
Commission (EEOC) all reports due under the applicable filing requirements; and that
representations indicating submission of required compliance reports, signed by proposed
subcontractors, will be obtained prior to contract and/or subcontract award.
C. COPELAND ANTI -KICKBACK
By submission of a bid, the bidder certifies that it has read and complies with the General
Provision entitled "Anti -Kickback Procedures" as stated in 24 CFR part 85.36 as follows:
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Page 59
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
(name of implementing agency) whether as of the anticipated time
of award of any contract resulting from this solicitation; it anticipates that it or its principals will
be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami -
Dade County.
By commencing performance of the Contract work, the selected contractor certifies that it has
made full disclosure in writing to (name of implementing agency) as to
whether as of the time of award it or any of its principals is debarred, suspended, or proposed for
debarment by the Federal Government, State of Florida, or Miami -Dade County.
E. NONDISCRIMINATION CLAUSE
Section 109. Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, national origin or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under Section 109, Housing and
Community Development Act of 1974.
F. AGE DISCRIMINATION ACT OF 1975, AS AMENDED
Non-discrimination on the Basis of Age
No qualified person shall on the basis of age be excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under any program or activity which receives or
benefits from Federal assistance.
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Page 60
G. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
Non-discrimination on the Basis of Handicap
No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination under any program or activity
which receives or benefits from Federal assistance.
H. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
PROSPECTIVE TIER AND/OR LOWER TIER TRANSACTIONS
By submission of the document, the prospective tier and lower tier participants certify, that:
1. Neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction, by any
Federal department or agency.
a. Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
b. Are not presently indicted for or otherwise criminally or civilly charged by a
govemmental 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:
Full Address (including City, ST and Zip) and Email Address
Employer ID #/FID #:
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
_Contractor Subcontractor Other
Title:
Page 22 of 55
Page 61
CERTIFICATION REGARDING
DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required bythe Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart
F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
(e) Notifying the agency in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who, is so convicted
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Page 62
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
B. The Grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check ❑ if there are workplaces on file that are not identified here.
Agency Name:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Employer ID #/FID #:
Date:
Check one, as applicable:
Contractor
Subcontractor Other
Page 24 of 55
Title:
Page 63
INSTRUCTIONS REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED
TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
LISTED ON PAGE 24
1. By signing and submitting this document, the prospective tier and/or lower tier participants are
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective tier and/or lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies available
to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective tier and/or lower tier participant shall provide immediate written notice to the
person to whom this proposal is submitted if at any time the prospective lower tier participant learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used
in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted
for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective tier and or lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals.
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Page 64
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 #:
Full Address (including City, ST and. Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Title:
Subcontractor Other
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Page 65
EQUAL EMPLOYMENT OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
1) The contractor will not discriminate against any employee or applicant for employment because he
or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the
employee or applicant for employment is qualified. The contractor agrees to take affirmative action
to employ, advance in employment and otherwise treat qualified individuals without discrimination
based on their status as a special disabled veteran or veteran of the Vietnam era in all employment
practices, including the following:
i. recruitment, advertising, and job application procedures;
ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right
of return from layoff and rehiring;
iii. rates of pay or any other form of compensation and changes in compensation;
iv. job assignments, job classifications, organizational structures, position descriptions, lines of
progression, and seniority lists;
v. leaves of absence, sick leave, or any other leave;
vi. fringe benefits available by virtue of employment, whether or not administered by the
contractor;
vii. selection and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meeting, conferences, and other related
activities, and selection for leaves of absence to pursue training;
viii. activities sponsored by the contractor including social or recreational programs; and
ix. any other term, condition, or privilege of employment.
2) The contractor agrees to immediately list all employment openings which exist at the time of the
execution of this contract, including those not generated by this contract and including those
occurring at an establishment of the contractor other that the one wherein the contract is being
performed, but excluding those of independently operated corporate affiliates, at an appropriate local
employment service office of the state employment security agency wherein the opening occurs.
Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the
requirement to list jobs with the local employment service office.
3) Listing of employment openings with the employment service office pursuant to this clause shall be
made at least concurrently with the use of any other recruitment source or effort and shall involve
the normal obligations which attach to the placing of a bona fide job order, induding,the acceptance
of referrals of veterans and non -veterans. The listing of employment openings does not require the
hiring of any particular job applicants or from any particular group of job applicants, and nothing
herein is intended to relieve the contractor from any requirements in Executive orders or regulations
regarding nondiscrimination in employment.
4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and
3 of this clause, it shall advise the employment service agency in each State where it has
establishments of the name and location of each hiring location in the state: Provided, that this
requirement shall not apply to state and local governmental contractors. As long as the Contractor is
contractually bound to these provisions and has so advised that state agency, there is no need to
advise the state agency of subsequent contracts. The Contractor may advise the state agency when
it is no longer bound by this contract clause.
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Page 66
5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings
which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam and the Virgin Islands.
6) As used in this clause:
i. All employment openings includes all positions except executive and top management, those
positions that will be filled from within the contractor's organization, and positions lasting three
days or less. This term includes full-time employment, temporary employment of more that
three days' duration, and part time employment.
ii. Executive and top management means any employee: (a) whose primary duty consists of the
management of the enterprise in which he or she is employed or of a customarily recognized
department of subdivision thereof; and (b) who customarily and regularly directs the work of
two or more other employees therein; and (c) who has the authority to hire or fire other
employees or whose suggestions and recommendations as to the hiring or firing and as to the
advancement and promotion or any other change of status of other employees will be given
particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e)
who does not devote more than 20 percent, or, in the case of an employee or a retail or service
establishment who does not devote as much as 40 percent, of his or her hours of work in the
work week to activities which are not directly and closely related to the performance of the work
described in (a) through (d) of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall
not apply in the case of an employee who is in sole charge of an independent branch
establishment, or who owns at least a 20-percent interest in the enterprise in which he or she is
employed.
iii. Positions that will be filled from within the contractor's organization means employment
openings for which no consideration will be given to persons outside the contractor's
organization (including any affiliates, subsidiaries, and parent companies) and includes any
openings which the contractor proposes to fill from regularly established "recall" lists. The
exception does not apply to a particular opening once an employer decides to consider
applicants outside of his or her own organization.
7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
8) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
9) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal
Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice
shall state the rights of applicants and employees as well as the contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified employees and applicants
who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that
applicants or employees who are special disabled veterans are informed of the contents of the notice
(e.g., the contractor may have the notice read to a visually disabled individual, or may lower the
posted notice so that it might be read by a person in a wheelchair).
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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:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Employer ID #/FID #:
Date:
Check one, as applicable:
Contractor
Subcontractor
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Title:
Other
Page 68
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;
xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,
right of return from layoff and rehiring;
xii. Rates of pay or any other form of compensation and changes in compensation;
xiii. Job assignments, job classifications, organizational structures, position descriptions, lines of
progression, and seniority lists;
xiv. Leaves of absence, sick leave, or any other leave;
xv. Fringe benefits available by virtue of employment, whether or not administered by the
contractor;
xvi. Selection and financial support for training, including apprenticeship, professional
meetings, conferences, and other related activities, and selection for leaves of absence to
pursue training;
xvii. Activities sponsored by the contractor including social or recreational programs; and
xviii. Any other term, condition, or privilege of employment.
2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
3) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
4) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal
Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state
the rights of applicants and employees as well as the contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified employees and applicants with
disabilities. The contractor must ensure that applicants or employees with disabilities are informed
of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled
individual, or may lower the posted notice so that it might be read by a person in a wheelchair).
5) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of
Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action
to employ and advance in employment individuals with physical or mental disabilities.
6) The Contractor will include the provisions of this clause in every subcontract or purchase order in
excess of $10,000, unless exempted by rules, regulations, or orders, of the Secretary issued pursuant
to Section 503 of the Act, as amended, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase order as
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the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non-compliance
Agency Name:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Title:
Subcontractor Other
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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%
. 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
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violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
4. The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of award of any construction subcontract in excess
of $10,000, at any tier for construction work under the contract resulting from this solicitation.
The notification shall list the name, address and telephone number of the subcontractor,
employer identification number, estimated dollar amount of the subcontract; estimated starting
and completion dates of the subcontract; and the geographical area in which the contract is to
be performed.
5. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is
Miami -Dade County, Florida (insert description of the geographical areas where the contract is
to be performed giving the state, county and city, if any).
60-4.3 (a) EQUAL OPPORTUNITY CLAUSE
During the performances of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to their race,color, religion, sex or national origin. Such action shall include, but
not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this Equal Opportunity Clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the labor union or workers' representative of the Contractor's commitments under this
Equal Opportunity clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or
pursuant thereto, and will permit access to his books, records and accounts by HUD and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
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6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for
further contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the statement preceding subparagraph (1) and the provisions of
subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order
11246 of September 24, 1965, so that such. provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase
order as HUD many direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes involved in or is
threatened with litigation with a subcontractor or vendor as a result of such direction by HUD,
the Contractor may request the United States to enter into such litigation to protect the United
States.
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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS '
(EXECUTIVE ORDER 11246)
1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted.
b. "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority.
c. "Employer Identification number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
- Black (all persons having origins in any of the Black African racial groups not of Hispanic
origin).
- Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin regardless of race).
- Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and
- American Indian or Alaskan Native (all persons having origins in any of the original peoples
of North America and maintaining identifiable tribal affiliations through membership and
participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000, the provisionsof 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.
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4. The Contractor shall implement the specific affirmative action standards provided in paragraphs
7a through 7p of these specifications. The goals set forth in the solicitation from which this
contract resulted are expressed as percentages of the total hours of employment and training of
minority and female utilization the Contractor should reasonably be able to achieve in each
construction trade in which it has employees in the covered area. The Contractor is expected to
make substantially uniform progress toward its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or women
shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor
the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting
the goals, the Contractor must employ such apprentices and trainees during the training period,
and the Contractor must, have a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees
must be trained in training programs approved by U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity.
The evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions. The Contractor shall document these efforts
fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are assigned
to work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and ocher on -site supervisory personnel are aware of and carry out
the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individual working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each
minority and female off -the -street applicant and minority or female referral from a
union, a recruitment source of community organization and of what action was taken
with respect to each such individual. If such individual was sent to the union hiring hall
for referral and was not referred back to the Contractor by the union, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
therefore, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral process has impeded the Contractor's
efforts to meet its obligations.
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e. Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the Contractor's employment
needs, especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources complied under (7) b
above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management- personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is
performed.
g.
Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
J.
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.
k. Validate all tests and other selection requirements where there is an obligation to do
so under 41 CFR Part 60-3.
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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.
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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 policy is being carried out, to submit reports relating to the
provisions hereof as may be required by the Government and to keep records. Records shall at
least include for each employee the name, address, telephone numbers, construction trade,
union affiliation if any, employee identification number when assigned, social security number,
race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status,
hours worked per week in the indicated trade, rate of pay, and locations at which the work was
performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws that
establish different standards of compliance or upon the application of requirements for the hiring
of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and
the Community Development Block Grant Program).
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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. Thecontractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard
to their race, color, religion, sex or national origin; such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The contractor agrees to post in conspicuous place, available
to employee and applicants for employment, notices to be provided setting forth the provision of
this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement to other contract or understanding, a notice to be provided
advising the said labor union or worker's representatives of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of 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
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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:
EmployeriD #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Title:
Subcontractor Other
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CERTIFICATION OF NONSEGREGATED FACILITIES
1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms
and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, or national origin, because
of habit, local custom, or otherwise.
2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide
for its employees any segregated facilities at any of its establishment, and that it does not and will
not permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The bidder agrees that a breach of this certification is a
violation of the Equal Opportunity clause of the contract.
3. By submission of the bid, the bidder further agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it will:
a. Obtain identical certifications from proposed subcontractors before the award of
subcontracts under which the subcontractor will be subject to the Equal Opportunity
clause;
b. Retain such certifications in its files; and
c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS
OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed
subcontractors.
d. By commencing performance of the Contract work, the selected contractor certifies to
the Nonsegregated Facilities provisions above.
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
Agency Name:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Subcontractor
Page 42 of 55
Title:
Other
Page 81
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON
SEGREGATED FACILITIES
A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19,
1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the
award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal
Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts
during a period (i.e., quarterly, semiannually, annually).
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
Agency Name:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable:
Contractor
Title:
Subcontractor Other
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NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
AND EPA REGULATIONS PROVISION
This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the
Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time.
The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of
$150,000, agree to the following requirements:
1. Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ) been
listed on the Environmental Protection Agency List of Violating Facilities;
2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114
of the Clean Air Act, as amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and
information, as well as all other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract,
prompt notice will be given of any notification received from the Director, Office of Federal
Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized
for the contract is under consideration to be listed on the EPA list of Violating Facilities; and
4. The Contractor or any of its subcontractors agree that he will include or cause to be included the
criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub -contract
and that the Contractor will take such action as the Government may direct as a means of enforcing
such provisions.
5. The bidder certifies that he/she will comply with all applicable standards, orders or regulations
issued pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead -Based Paint Poisoning Prevention
Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there
under prior to the execution of the contract, shall be binding upon the prime bidder, its
subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of
Housing and Urban Development and the Regional Office of the Environmental Protection Agency.
Agency Name:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Title:
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Date:
Check one, as applicable: Contractor Subcontractor Other
Page 45 of 55
Page 84
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This form statement is submitted to
by
(Print individual's name and title)
For
(Print name of entity submitting sworn statement)
whose business address
and if applicable its Federal Employer Identification Number (FEIN) is If the entity has
not FEIN, include the Social Security Number of the individual signing this sworn statement.
2. I 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. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal or state trial court of record relating to charges brought by
indictment or information after July 1,1989, as a result of a jury verdict, non jury trial, or entry of
a plea of guilty or nolocontendere.
4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means:
a) A predecessor or successor of a person convicted of a public entity crime, or
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Page 85
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. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any
natural person or entity organized under the laws of any state or of the United States within the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or entity. The term "person" includes those officers, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting sworn statement, nor any of its officers, director,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of
a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been
charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please
indicate which additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of
a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
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THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA
STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20 .
Personally known
Or produced identification Notary Public -State of
My commission expires
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
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Page 87
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
Agreement
To Authorize Examination of Records and Adhere to Records Retention Requirements
The undersigned agrees to the stipulations noted below for all work, materials, and services provided under
this agreement dated and/or for all other third -party agreements/contracts for labor,
materials, and services related to the work covered by this agreement for the
project/activity.
The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami -
Dade County, the Department of Housing and Urban Development, or Comptroller General of the United
States, or any of their duly authorized representatives shall, have access to and the right to examine any
of the following records from the awardee, sub -recipient, developer, contractor, subcontractor, suppliers
and/or any other entity involved in any capacity in the above -referenced 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:
Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Signature:
Print Name:
Date:
Title:
Check one, as applicable:
Developer _ Prime -Contractor _ Sub -contractor or sub -tier sub -contractor
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Page 88
Section 3
Requirements
For
Contracts
$200,000
Or More
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SECTION 3 REQUIREMENTS
I. ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the
attached Section 3 Assurance of Compliance.
II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES
Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a
Section 3 covered contract shall develop and implement an affirmative action plan, which shall:
a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to
all businesses within each category (type or profession) over the duration of the Section 3 covered
project.
b. Analyze the information set forth in paragraph (a) and the availability of eligible business concerns
within the project area doing business in professions or occupations identified as needed in
paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to
be awarded to the eligible businesses and entrepreneurs within each category over the duration
of the Section 3 covered project.
c. Outline the anticipated program to be used to achieve the goals for each business and/or
professional category identified. This program should include but not be limited to the following
actions:
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.
iii. Ensuring that the appropriate business concerns are notified of pending contractual
opportunities either personally or through locally utilized media.
III. BIDDING AND NEGOTIATION REQUIREMENTS
Every applicant and recipient shall require prospective contractors for work in connection with
Section 3 covered projects to provide, prior to the signing of the contract, a preliminary statement
of work force needs (skilled, semi -skilled, unskilled labor and trainees by category) where known;
where not known, such information shall be supplied prior to the signed of any contract between
contractors and their subcontractors. Consideration should be given to those contractors who
will have training and employment opportunities for project area residents.
When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise
prospective contractors of the requirements of these regulations.
Initials
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Applicant, recipient and contractors should insert plan for utilization of project area business in
the bid documents. The recipient must have indicated therein that Section 3 applies to the
project and what is expected of them. All contractors who bid a job just show in their bid what
they will do to implement Section 3. They must in this bid commit themselves'to a goal and
show what they intend to do to reach that goal. When the bids are opened, they must be
evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment
to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive.
Applicants, recipients and contractors will ensure that the attached Section 3 Clause and
Assurance of Compliance are made a part of all contracts.
In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor
shall make a good faith effort to achieve its goal or target number and estimated dollar amount
of contracts to be awarded to the eligible businesses and entrepreneurs within each category over
the duration of the Section 3 covered project.
IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES
Each applicant, recipient, contractor or subcontractor undertaking work in connection with a
Section 3 covered project shall make a good faith effort to fill all vacant training and occupational
category positions with lower income project area residents.
For further information, please contact:
Jorge I. Rendon, Section 3 Coordinator
Public Housing and Community Development
701 NW 1" Court, 16th Floor
Miami, Florida 33136
Office: 786-469-4227
Email: Section3@miamidade.gov
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Initials
Page 91
ASSURANCE OF COMPLIANCE (Section 3. HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME
PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3
requires that to the greatest extent feasible opportunities for training and employment be given to
lower income residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in or owned in substantial part by persons residing
in the area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall
carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the
Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973),
and all applicable rules and orders of the Secretary issued there under prior to the execution of this
(contract) (agreement). The requirements of said regulations include but are not limited to
development and implementation of an affirmative action plan for utilizing business concerns
located within or owned in substantial part by persons residing in the area of the project; the making
of a good faith effort, as defined by the regulation, to provide training, employment and business
opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section
135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant)
(recipient) certifies and agrees that it is under no contractual or other disability which would prevent
it from complying with these requirements.
C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Secretary issued there under prior to approval by the Government
of the application for this (contract) (agreement), shall be a condition of the Federal financial
assistance provided to the project, binding upon the (applicant) (recipient), its successors and
assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors
and subcontractors, its successors, and assigns to the sanctions specified by the (contract)
(agreement), and to such sanctions as are specified by 24 CFR Section 135
Agency Name: Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Authorized Signature:
Print Name:
Date:
Check one, as applicable: _ Contractor
Subcontractor Other
Page 53 of 55
Title:
Page 92
BIDDER'S INITIAL SECTION 3 GOALS
1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act
of 1968, as amended.
2. The Bidder estimates that there will be new employees hired during the
performance of this contract. Furthermore, should this contract be let to the Bidder,
the Bidder agrees to delineate work force needs (skilled, semiskilled, unskilled, labor,
and trainees) by category.
3. Of these new employees, the Bidder plans to hire at least percent (%) from the
Section 3 Covered Area (Dade County, Florida).
4. The Bidder estimates that percent (%) of those materials purchased for use on
this project will be from business located in the Section 3 Covered Area (Dade County,
Florida)
I, (please print), as an authorized Officer of the
Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the
Housing and Urban Development Act of 1968, as amended, and will abide by them. We further
agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that
should we be awarded the contract, it becomes subject to monitoring for compliance with this
plan by Miami -Dade County Public Housing and Community Development.
Agency Name:
Full Address (including City, ST and Zip) and Email Address
Employer ID #/FID #:
Authorized Signature:
Print Name:
Title:
Date:
Check one, as applicable:
Contractor Subcontractor Other
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