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12-8441 C& I construction and Design for Pump Station 8
Sponsored by: City Manager RESOLUTION NO. 12-8441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C&I CONSTRUCTION AND DESIGN, INC. FOR THE REHABILITATION OF SANITARY SEWER PUMP STATION 8, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY TWO THOUSAND SIX HUNDRED TWENTY SIX DOLLARS ($652,626.00), PAYABLE FROM ACCOUNT NUMBER 35-535630,; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,the City of Opa-locka issued a Request for Proposals for competitive bids for qualified firms, for the rehabilitation and reconstruction of Pump Station 8; and WHEREAS, Pump Station 8 has been in conditional moratorium since 2009,and it must be rehabilitated with a modern submersible pump that will include 1300 linear feet of new 8' DIP force main construction; and WHEREAS, the evaluation panel, selected by the City Manager's office, ranked the vendors based on price proposal, references, local work force participation, and other criteria as advertised in the RFP package; and WHEREAS, of the three (3) responses to the Request for Proposals (RFP), C&I Construction and Design, Inc. was the lowest, responsive and responsible bidder and ranked as number 1 by the evaluation panel; and WHEREAS,the project is to be funded by two(2)sources 1)the City of Opa-locka,in the amount of$200,626, and 2) Miami-Dade County CDBG, in the amount of$452,000, of which $250,000 has been approved, leaving a balance of$202,000, which still requires approval; and WHEREAS,until the County approves the remaining balance ( $202,000), the City will not finalize arrangements with the contractor, or issue a Notice to Proceed with the rehabilitation of Pump Station 8; and Resolution No. 12-8441 WHEREAS,all Change Orders to the contract to be entered into have to be reviewed and approved by the City Commission of the City of Opa-locka and by the County as applicable; and WHEREAS,the City Commission of the City of Opa-locka desires to authorize the City Manager to negotiate and enter into an agreement with C&I Construction and Design, Inc., contingent upon funds from Miami Dade CDBG being approved and released. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, hereby authorizes and directs the City Manager to enter into a contract with C&I Construction and Design,Inc,contingent upon approval and release of the additional CDBG funds from Miami-Dade County, which are currently pending, for the rehabilitation of Sanitary Sewer Pump Station 8, in an amount not to exceed Six Hundred Fifty Two Thousand Six Hundred Twenty Six Dollars ($652,626.00), in substantially the form attached hereto as Exhibit"A",payable from Account Number 35-535630. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 31St DAY OFJuly, 2012. 4746i; - Y AYLOR MAYOR Attest to: Approved as to firm and legal suffic. r ic■ ail.l ..., �. . $•anna Flores .4s, o h'S -ller nterim City Clerk f it, Atto ey Resolution No. 12-8441 Moved by: VICE MAYOR JOHNSON Seconded by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES • OP P.LOCKq ) I\e ■ 1�1. d \ /ea RAT City of Opa-Locka Agenda Cover Memo Commission Meeting 7/31/2012 Item Type: Resolution Ordinance Other Date: 7/31/2012 X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (EnterX in box) x X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (Enter X in box) X Account#35-535630 Water and Sewer fund RFP was advertized and received three proposals. Contract/P.O.Required: Yes No RFP/RFQ/Bid#: 12- (Enter X in box) X 2506100 Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (EnterX in box) specific objective/strategy this item will address) X Enhance Organizational p Bus.&Economic Dev - 1. Must complete to to facilitate Public Safety - the requirements of DERM Quality of Education El Qual.of Life&City Image Communcation El Sponsor Name City Manager Department: Public Works Short Title: Pump Station#8 Rehabilitation Staff Summary: Staff recommends approval to facilitate the requirements of DERM. The FRP evaluation panel consisted of City staff were selected by the City Manager and they ranked the vendors based on price proposal, references, local works force participation, and other criteria as outlined in the advertized RFP package. Miami-Dade County approved the evaluation panel recommendation to award the contract for pump station 8 rehabilitation project. 1 C&I Construction and Design, Inc is the lowest bidder and ranked 1st per the panel members evaluation. Awarding pump station 8 to C&I Construction and Design, Inc is for the best interest of the City in order to complete construction in an expeditious manner to improve public safety, and also to comply with Consent Agreement with Miami-Dade County. The project is funded by two sources: City of Opa-locka ($202,626) and Miami Dade County CDBG ($452,000). The County has already approved$250,000. Approval of the final $202,000 is pending. Staff will not issue a Notice to Proceed with construction until these funds are approved. Attachment: 1. Agenda 2. Miami-Dade County Recommendation Letter 3. Evaluation Summary Sheet 4. Panel Member's evaluation sheet 5. Copy of Resolution# 10-8067 2 OQp.1-oOkq>, E K..,. N MEMORANDUM �,- °j�° TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Jo ins i n Commissioner Tim i thy, o e Commissioner Rose ydus Commissioner Gail iller FROM: Kelvin L. Baker, Sr. City Manag;r DATE: July 25,2012 r RE: Pump Station#8 Rehabilitation Request:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C&I CONSTRUCTION AND DESIGN, INC. IN THE AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY TWO THOUSAND SIX HUNDRED TWENTY SIX DOLLARS ($652,626.00) FOR THE REHABILITATION OF SANITARY SEWER PUMP STATION 8. C&I CONSTRUCTION AND DESIGN, INC. IS THE LOWEST OF THE THREE BIDDERS THAT RESPONDED TO THE RFP AS RECOMMENDED BY MIAMI-DADE COUNTY AND ALSO BY THE CITY STAFF EVALUATION PANEL. Description: The City of Opa-locka requested and received three proposals for the rehabilitation of Sanitary Sewer Pump Station 8. The pump station 8 with wet well/dry well configuration is in conditional moratorium since July, 2009. Per consent agreement with DERM the station must be rehabilitated with a modern submersible type pump station in accordance with Miami Dade County Standards. The project will include pump station as well as approximately 1300 linear feet of new 8" DIP force main construction. The rehabilitation of pump station 8 will improve the overall hydraulic performance of the service area,and will allow for future development within the service area. Account Number: 35-535630 Staff will not issue a Notice to Financial Impact:• CDBG 2011 = $100,000 Proceed with construction until the CDBG 2012= $150,000 County approves the second CDBG City Budget= $200,626 2012 allocation of$202,000. CDBG 2012 (Pending approval)=$202,000 Implementation Timeline: Immediately Legislative History: 10-8067 Recommendation(s): Staff recommends approval in order to facilitate the requirements of DERM. The RFP evaluation panel consisted of City staff were selected by the City Manager and they ranked the vendors based on price proposal, references, local works force participation, and other criteria as outlined in the advertized RFP package. The following is the bid and score comparison table: . 1 Vendor Bid Price Total Score Rank C&I Construction and Design, Inc. $652,626.00 466 1st Comtech Engineering, Inc. $659,000.00 438 2nd JVA Engineering Contractor, Inc. $987,585.62 328 3`d Awarding pump station 8 to C&I Construction and Design, Inc. is for the best interest of the City in order to complete construction in an expeditious manner to improve public safety, comply with local, state and federal law. Analysis: Pump Station No. 8 is located at 2352 NW 147 St. and services a commercial area within the City of Opa-Locka. Visual inspection revealed severe wear and tear to all mechanical and structural components pertaining to the pump station. The Station 8 has only one pump without any emergency by- pass system. The existing 8" force main will be extended from the existing manhole at the intersection of Sharar Avenue and NW 27th Avenue to Ahmad Street in accordance with the permitted plans and specifications. Attachment: 1. Miami-Dade County Recommendation Letter 2. Evaluation Summary Sheet 3. Panel Member's evaluation sheet 4. Copy of Resolution# 10-8067 5. Draft Contract Agreement PREPARED BY: Mohammad Nasir, PE, Interim Public Works Director Charmaine Parchment, Grant Writer/Coordinator END OF MEMORANDUM 2 Public Housing and Community Development 701 NW 15'Court, 14 Floor Miami, FL 33136 MIAM I•DADE T 786-469-2100 F 786-469-2236 COUNTY www.mfamidade.gov Carlos A.Gimenez,Mayor July 18, 2012 Mr. Kelvin L. Baker, Sr. City Manager City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 RE: Approval of the Selection of the Contractor for the Lift Station 8 Rehabilitation Dear Mr. Baker: Public Housing and Community Development (PHCD) has reviewed the bid proposal, contractor selection and award recommendation package submitted by the City of Opa- Locka for the Lift Station 8 Rehabilitation Project. The bid process and the contractor selected, C & 1 Construction and Design, Inc. have been approved by PHCD. You may proceed to award the contract. Please contact Jesus Hernandez, Project Manager, at 786-469-2131, if you have any questions regarding this matter. -Sint rely A/ Clarence Brown Division, Director Attachments c: Colleen Brown, Manager, Project Management, PHCD Jesus Hernandez, PHCD Project Manager 00 1* N Z "-O - O ces o 0 0 o o in co m d- .mi d- Lt in Ln d- I Cl.) U Q oo CO I— a V) CL 2 D a_ Q 2 cc o Y cc w O VOr, O z > d- Co CO CO CO rn o o m o m Q a O >' N OI- QN O J z I >- Q Q CL U w U CC O z Z O co o al m m Ln ,tr I-I H 0 Q U F- J m Q 2 Ln W `-1 CC 0 Ln N }'■ w O Q c E c cc E Cl) D E cco co E coo c 1 co o E coo c 0 co E 72 o E rroo C Q I 0 3 2 C Cl) U 0 3 c N N n 0 3 rrs Cl) > u 2 2 0 0 0 w 2 = 0 0 0 5 2 _ u a 0 LI) E2 2 J d d Q Q X U0 co w 2 J o z V) x > = Z N n C V1 o D n o= K u, D O D �, 2 - r,:, O (D D m ' o) 3 a, a, W = v g v Cu 3 v E. 3 a- aa) a 3 x 5 rD 3 N w 'a n v, 70 rn 2 F W v, u, v, u, u, 0 0 0 0 0 O CO Z O m m (7 z D -< r• z _I O uNi -< O D w z 0 0 0 0 0 O T Cr 7 n O z E cro -v c N Q1 U i Ui Ui U9 cn 0 0 0 0 0 0 O Z N CO -I` CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION#8 RFP- 12-2506100 Page 1 of 2 EVALUATION COMTECH JVA C&I PRICE—max pis 70 Mohammad 69 46 70 Howard 69 46 70 Charmaine 69 46 70 _ Arshad 69 _ 46 _ 70 Owen 69 46 70 EXPERIENCE—max pts 15 Mohammad 10 14 15 Howard 8 15 13 Charmaine 10 9 13 Arshad 11 15 14 Owen 9 14 13 LOCAL WORK FORCEE Max pts 5 Mohammad 3 0 4 Howard 3 0 5 Charmaine 5 3 5 Arshad 4 0 5 Owen 5 3 4 CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION #8 RFP- 12-2506100 SCHEDULE—max pts 5 Mohammad 0 0 0 Howard 0 0 0 Charmaine 0 0 0 Arshad 0 0 0 Owen 0 0 0 FINANCIAL ABILITY Max pts 5 Mohammad 5 5 5 Howard 5 5 5 Charmaine 5 5 5 Arshad 5 5 5 Owen 5 5 5 TOTALS 438 328 466 Page 2 of 2 CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION #8 RFP- 12-2506100 EVALUATION COMTECH JVA C&I PRICE—max pts 70 69 46 70 EXPERIENCE—max pts 15 j O i LOCAL WORK FORCE PARTICIPATION J O max pts 5 J SCHEDULE Max pts-5 0 0 O FINANCIAL ABILITY Max pts 5 l S S TOTALS $ GS f( J IC (?''''? 10_ , —■;" ' ihd 2— / % r Committee ee Member Signature Date CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION #8 RFP- 12-2506100 EVALUATION COMTECH JVA C&I PRICE-max pts 70 69 46 70 EXPERIENCE-max pts 15 5 1s 13 LOCAL WORK FORCE PARTICIPATION O 6- max pts 5 SCHEDULE Max pts-5 © Q 0 FINANCIAL ABILITY Max pts 5 q- 5 TOTALS g 5 q r 9 3 // n\ 1 ,,,,C//,,,g k2F-R)• mittee Member Signature Date CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION #8 RFP- 12-2506100 EVALUATION COMTECH JVA C&I PRICE-max pts 70 69 46 70 EXPERIENCE-max pts 15 io 9 i3 LOCAL WORK FORCE PARTICIPATION max pts 5 SCHEDULE n Max pts-5 /J Q 0 o FINANCIAL ABILITY Max pts 5 _5 5 5 / pPw---)jyy TOTALS S9 @3 c7L3 i/ (o /.2 Committee Member Signature Date CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION#8 RFP- 12-2506100 EVALUATION COMTECH JVA C&I PRICE—max pts 70 69 46 70 EXPERIENCE—max pts 15 II i y LOCAL WORK FORCE PARTICIPATION t r 0 max pts 5 SCHEDULE Max pts-5 p v o FINANCIAL ABILITY Max pts 5 c c s TOTALS 8 9 6 G Cj Gf 6- 28- IZ Qv � � Committee Member Signature Date �\ � • CITY OF OPA LOCKA EVALUATION FORM REHABILITATION OF SANITARY SEWER PUMP STATION #8 RFP- 12-2506100 EVALUATION COMTECH JVA C&I PRICE—max pts 70 69 46 70 EXPERIENCE—max pts 15 ^ Cam/ 1 c f LOCAL WORK FORCE PARTICIPATION d T max pts 5 SCHEDULE Max pts-5 FINANCIAL ABILITY Max pts 5 S TOTALS r C, (),?( ¢•� 251 lZ q , Committee Member Signatu a Date L /J .+ e 4 0 Sponsored by: City Manager Resolution.No.10-8067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (REP) FOR THE REPAIR AND REBUILDING OF PUMP STATIONS #8, #11A, AND #IIB, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Opa-locka is attempting repair and rehabilitate all of the pump stations in the city; and. WHEREAS, the City of Opa-locka desires to complete the repair and rebuilding of Pump Stations#8, #11A, and#11B;and WHEREAS, the City Commission of the City of Opa-locka desires for the City Manager to prepare and issue: a RFP se-eking proposals for the repair and rebuilding of Pump Stations#8, #11A, and#1.1.3: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COW IISSION OF THE CITY OF OPA-LOCKA, FLORIDA:: Section I. The recitals to the preamble herein are incorporated by reference. Section 2. The. City Commission of the City of Opa-locka hereby directs and authorizes the City Manager to prepare and issue a Request For Proposals (RFP) for the repair and rebuilding of Pump Stations. #8, #1 1A, and #11B, in a form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. • Resolution No. 10-8067 PASSED AND ADOPTED THIS 26`h DAY OF May.2010. )/:4- JOSEF. L. ►41,LLE T YO A �� i !Tab ..1111 A Deborah S. Irby 11 Geller W� City Clerk rty A `�.rney Moved By: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice Mayor Taylor: YES Mayor Kelley: YES n .00,� OC q . O Memorandum TO: Mayor Joseph L.Kelley Vice-Mayor Myra L.Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson lnmissioner Rose Tydus FROM: Clarance atterso an• _er DATE: May 17,2010 RE: Pump Stations#8, 11A, 11B Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ADVERTISE AND ISSUE AN INVITATION TO BID TO QUALIFIED CONTRACTORS FOR THE UPGRADE AND REHABILITATION OF SANITARY SEWER PUMP STATIONS 8,11A AND 11B. Description: The City of Opa-Locka will issue an Invitation to Bid (1113) for the rehabilitation of Sanitary Sewer Pump Stations 8, 11A and 1IB. Financial Impact: The stations have approved funding in the FY 2010 budget plan. Implementation Timeline: The pump stations have been designed and permitted.On approval,the bid process will commence. Legislative History: The City entered into a Consent Agreement with DERM on October 7, 2009 to correct deficiencies in the operations of the Sanitary Sewer System. Part of the agreement addresses rehabilitation of the stations under moratorium to comply with DERM requirements. Recommendation(s): Staff recommends approval. Analysis: The pump stations are aged and have been assigned varying stages or moratorium status by DERM. This has imposed a building moratorium in the service areas of these stations.As a result growth and development have been hampered causing a loss of revenue for the City. The rehabilitation of the stations is vital to the City's continued development. Attachments: DERM Consent Agreement PREPARED BY: Judeen Johnson END OF MEMORANDUM I . L . R.LO CK.. 4, �"° 2 OCT -7 PM 12* i 9 MEMORANDUM OFFICE ^= M= OFFICE �.ii THE TO: Brian K Finnie, Interim City Manager FROM: Fernand Thony P.E., Operations Manager DATE: October 7,2009 SUBJECT: Administrative Consent Agreement with DERM In an effort to comply with existing federal regulations (US EPA) relative to the City of Opa- locka's wastewater system (Permit Number DWO-47), staff negotiated over the past months the terms of a general agreement which is attached here in for your review and signature. This process was started almost a year ago trough a series of meeting and discussions to insure that the City's best interest was preserved and avoid it being in default of the original consent decree between the United States of America and Miami Dade County. In addition, to position the City's ongoing rehabilitation program, procurement of professional design services were secured to facilitate the design of four(4)priority pump stations (PS#8,11A,11B,11C) which all currently are at varying stages of completion and permitting. These steps have culminated with this final agreement with very favorable terms for the City of Opa-locka while extending the compliance date until 2014 for all its infrastructure work. Moreover, the Finance Department which was part of the final discussions is in agreement that the commitment of resources required is in place and within the City's fiscal ability. Ultimately, this agreement will have a series of financial benefit for the City such as: • Reduced infiltration/inflows in the sewer system and corresponding payments to Miami Dade County • Capacity for growth and expansion for new businesses with City limits • Enhancing health,safety quality of life and overall environmental protection Miami Dade County DERM for its part has expressed a sense of satisfaction that the City is finally addressing these matters comprehensively and looking forward to have this agreement in place in the best of delays. Should you have any questions,we remain available for a personal briefing. Cc: Lavelle Jenrette, Acting Public Works Department Director Faye Douglas,Assistant Finance Department Director Fritz Armand,Code Enforcement Department Director Enclosure • Department of Environmental Resources Management MIAMI Office or&e D rector 701 kW I st Court,461 Floor COUNTY Miami, Florida 33136-3912 T 305-372-6754 F 305-372-6759 Carlos Alvarez,Mayor miarnldade.gvv August 25, 2009 Bryan Finnie, City Manager CERTIFIED MAIL NO.7008 1830 0002 8221 1089 City of Opa Locke, City Hall RETURN RECEIPT REQUESTED 780 Fisherman Street,4th Floor Opa Locke, FL 33054 Re: Administrative Consent Agreement (Agreement) with the City of Opa Locka (City) to facilitate compliance with Miami-Dade County wastewater regulations. Permit number DWO-47. Dear Mr. Finnie: Pursuant to a request from the City's staff, enclosed please find two originals of an administrative Consent Agreement prepared by the Department of Environmental Resources Management (DERM), to facilitate compliance with Miami-Dade County wastewater regulations. If you concur with the conditions of the Agreement, please sign and notarize both originals and return both signed and notarized originals of the Consent Agreement within fifteen (15) days of your receipt of this correspondence to the DERM to: Donna Gordon, Manager Code Enforcement Section, 701 NW 1 Court, 7"`' Floor - Miami, Florida 33136. If you have any questions regarding the Consent Agreement or wish to meet with DERM's staff please contact Mr. Carlos Hernandez P.E Chief of DERM's Plan Review and Development Approval Division at 786-315-2878. Since os Espinosa, P.E. Dirac or Department of Environmental Resources Management End. DG/lb iYr • f, t .��'�_� :... .ytL 1r J,.,,�'i i' ' 1 111 • !y. 3) A review of Departmental records reveals that the Respondent approved and issued building perms in violation of Section 24-423 of the Code which allowed connections to the Respondent's sanitary sewer system without the required collecction(transmission capacity certification issued by the DERM which assures capacity to safely collect and bansportwastewater to a publicly owned treatment works(POTW)at the following locations: ▪ Folio rumber 08-2122-003-0050, in which the City issued Permit # 7130, which provided permission to conned to the collection system for pump station 08-0001,which at that time was under Initial Moratorium. Pump station 08-0001 is currently under Absolute Moratorium. : Folio number 08-2121-006-0010, where the City of Opa-Locka issued Permit # 7256, which provided permission to connect to the collection system for pump station 08-0011A, which at that time was under Absolute Moratorium.Pump station 08-0011A is currently under Absolute Moratorium. 4) The Respondent has allowed several of the City's sanitary sewer pumping stations to remain in Initial Moratorium(IM), Incomplete Status(IN), Complete and On-Hold (CH), or Absolute Moratorium (AM) status for a period of more than ene year, in violation of Section 24-29 of the Code.(See attached copy of monthly report). 5) The Respondent has requested assistance from the DERM to process the permitting of a Multi-Puroose Community • Center/Gymnasium at the City's Sherbondy Park located in the vicinity of and served by the City's pump station(PS) 08-0011k PS 08-0011A has been operating under Absolute Moratorium since July 2008 when the average annual - opera`ing time went above 10 hours after the PS was upgraded.(See attached copy of monthly report) 6) Respondent hereby consents to this Agreement without either admitting or denying the allegations Trade by DERM in hetirr€iingof facts listed-above 7) In an effort to insure continued protection of the health and safety of the public and the environment of Miami-Dade County and to facilitate compliance with Sections 24-20,24-42.2 and 24-29 of the Code and to avoid time-consuming and costly litigation,the parties hereby agree to the following,and is hereby Ordered:- COMPLIANCE AND REPORTING REQUIREMENTS 8) Respondent shall submit building plans for the Sherbondy Park Community Center project to DERM for review and processing, and shall not commence construction until such time that DERM provides its approval or conditional approval of the building plans. DERM may grant conditional approval of said building plans subject to compliance with the following orders: (a- '. r , .r. 33175, Suite 124,Attention:Agustin Socarras,P.E.,Chief,Water and Wastewater Engineering Section, for review and processing. 12) Water and Sanitary Sewer System Electronic Atlases.Respondent shall whin one hundred and eighty(180)days from the effective date of this Agreement submit a plan to develop an electronic arias for the Respondents water and sanitary sewer systems. Said plan shall indude a schedule for developing and maintaining an electronic atlas for the Respondent's water and sanitary sewer systems.The plan shall be submitted to:DERM, 11805 SW 24 Street, Miami, Florida, 33175, Suite 124, Attention:Agustin Socarras, P.E., Chief, Water and Wastewater Engineering Sedan,for review and approval. 13) Leak Detection Program. Respondent shall Within one (1) year from the effective data of this Agreement submit a written plan of action(POA)for the implementation of a leak detection program for the cis water distribution system. The POA shall be submitted to: DERM, 11805 SW 24 Street, Miami, Florida, 33175, Suite 124, Attention: Agustin Socarras, P.E., Chief, Water and Wastewater Engineering Section, for review and processing and shall indude at a minimum: a) A detailed POA for the creation of a leak detection unit,including all logistics,personnel and equipment resources or a contract or service agreement with a qualified vendor or local public utility. b) Implementation of the leak detection program shall not exceed two (2) years from the effective date of this Agreement 14) Sanitary Sewer Evaluation Survey (SSES). Respondent shall within five (5) years from the effective data cf this Agreement comply with the requirement of the SSES described in paragraph number 2 above. Specifically -Respondent shall demonstrate that the sanitary sewer system infiltretion and inflow for each of the Respondent's pump station basin is less than five thousand (5,000) gallons per inch pipe diameter per day per mile of pipe and laterals. The report of the SSES and rehabilitation work shall be submitted to DERM, 11805 SW 24 Street, Miami, Florida, 33175, Suite 124, Attention:Agustin Socarras, P,E., Chief, Water and Wastewater Engineering Section, for review and processing. Upon execution by the Director, the completion dates for this Consent Agreement shall supersede the completion dates of the Consent Agreement executed 9/1712007 between the Respondent and the DERM. This revsion of compliance time does change any of the other compliance requirements listed in the Consent Agreement executed 9117`2007. 15) The Respondent shall not issue any Certificate cf Occupancy (CO) and Cetficate. of Use (CU) or Occupational License (OL) [Also known as, LBT] or Temporary CO, CU, OLtBT for the Sherbondy Park project until all the Respondent's pump stations downstream from the Sherbondy Park project are operating in compliance with the 10 hours maximum annual average operating time. In the event that the Respondents pump stations downstream from the Sherbondy Park project carrot be in compliance with the 10 hours maximum annual average operating time, the s - • GENERAL PROVISIONS 22) The terms and conditions set forth';n this Consent Agreement may be enforced in any court of competent jurisdiction ' pursuant to Chapter 24,of the Code of Miami-Dade County,the Florida Administrative Code,or the Florida Statutes. 23) Entry into this Consent Agreement does not relieve Respondent of the nesporsibility to oomph/with applicable federal, state,or local laws,regulations and ordinances. 24) Where timetables cannot be met, due to circumstances beyond Respondent's control, Respondent shall submit a written request for extension of the timetable(s), which shall not exceed six months, with supporting documents;to GERM, stating the cause(s) of any delay or non-compliance and the extension of time requested.A determination of the reasonableness of the delay or non-compliance shall be made by DERM for the purposes of continuation of enforcement actions and the imposition of penalties pursuant to paragraph 20 of this Agreement,In no event shall any extension be granted beyond six months of any due date. 25) This Agreement shall neither be evidence of a prior violation of the Code nor shall it be deemed to impose any limitation upon any investigation or action by DERM in the enforcement of Chapter 24 of the Code of Miami-Dade County,the Florida Administrative Code or the Florida Statutes. 26) In consideration of the complete and timely performance by the Respondent of the terms and conditions set forth in this Consent Agreement,DERM waives its rights to seek judicial imposition of damages or criminal or civil penalties for the matters alleged in this Consent Agreement. 27) Tnis Consent Agreement shall become effective upon the date of execution by the Director of DERM. • OQ 00 0` O "6) C-6 )0; J )0 .2.0 /04Y_ - \"OHnZ Ei CONTRACT AGREEMENT BETWEEN CITY OF OPA- LOCKA AND C&I CONSTRUCTION AND DESIGN, INC. FOR PUMP STATION 8 REHABILITATION • AGREEMENT THIS IS AN AGREEMENT, dated the 25 day of July , 2012, between: CITY OF OPA-LOCKA, a Florida municipal corporation,hereinafter "CITY," and C&I Construction and Design,Inc. A licensed Company, authorized to do business in the State of Florida, hereinafter "CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY requested proposals for Pump Station 8 Rehabilitation indicating the CITY's desire to hire a Contractor to perform this work. 1.2 On July 25,2012, the CITY awarded the CONTRACT and authorized the proper CITY officials to enter into an agreement with CONTRACTOR to render the services more particularly described herein below. ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials,tools, supplies, and labor necessary to perform all of the work described in the plans and specifications for the rehabilitation of Pump Station 8, a copy of specifications is attached hereto and specifically made a part of this Agreement as Composite Exhibit"A". 2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards for specified services. If within thirty six (36) months following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR, CONTRACTOR agrees to re- perform such deficient services without charge to the CITY. ARTICLE 3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES 3.1 The CONTRACTOR shall commence work to be performed under this Agreement beginning July 26,2012. CONTRACTOR shall complete all work in a timely manner by October 30,2012. 3.2 Anything to the contrary notwithstanding,minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. 3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor being required to pay liquidated damages in the Amount $1000 per day for each unexcused day after the completion date set forth in Section 3.1 above. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, $652,626.00 for work to be completed in accordance with the"Proposal" submitted by CONTRACTOR. Prices for work completed by the CONTRACTOR shall be as reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as Exhibit "B", with no change in the price shown. A total contact price hereto is referred to as Contract Sum and shall be SIX HUNDRED FIFTY TWO THOUSAND SIX HUNDRED TWENTY SIX'DOLLARS. of the Project against poor workmanship and faulty materials for a period of three(3) years after final payment and shall immediately correct any defects which may appear during this period upon notification by CITY. This provision shall in no way affect the manufacturing warranty for repair or replacement. 4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by CONTRACTOR except those previously made and still unsettled. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act Chapter 218 Florida Statutes. 5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.2.3. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10%): 5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract amounts, if any, for which the Construction Manager has withheld or nullified a Certificate for Payment. 5.3 The progress payment amount determined in accordance with the above shall be further modified under the following circumstances: 5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Owner determines for incomplete Work and unsettled claims; and 5.4 Reduction or limitation of retainage, if any, shall be as follows: None ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements of grants if the project is funded by grant money; such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 7 CONTRACTOR'S LIABILITY INSURANCE 7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the CITY nor shall the CONTRACTOR allow any Subcontractor, if applicable,to commence work on a sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City prior to the commencement of the work. These Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days (30)prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. 7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract,then in that event,the CONTRACTOR shall furnish, at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension there under is in effect. The remains in full force and effect. 7.5 Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis,with the following limits of liability: (a) Workers' Compensation Insurance—as required by law; (b) Employer's Liability Insurance - $1,000,000 per occurrence; (c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per accident; (d) Accident for bodily injury $300,000 and $1,000,000 per accident for property damage. 7.6 The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons,property or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. 7.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 8 PROTECTION OF PROPERTY 8.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever. ARTICLE 9 CONTRACTOR'S INDEMNIFICATION 9.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters and with the work being performed by Contractor. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. 9.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR's negligent acts, errors, or omissions. 9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may ARTICLE 10 INDEPENDENT CONTRACTOR 10.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 11 CONTRACT BOND The CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-Locka as the obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. ARTICLE 12 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 12.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise modify the Scope of Services/Basic Services to be provided under this Agreement as described in Article 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 12.2 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 13 TERM AND TERMINATION 13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue for such time as is contemplated by the Agreement. ARTICLE 14 CONTRACT DOCUMENTS 14.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: This Agreement; CONTRACTOR's proposal as set forth in Exhibit "B"; Specifications, "A", RFP; and any other exhibits thereto, or to this Agreement.. ARTICLE 15 MISCELLANEOUS 15.1 Legal Representation: It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 15.2 Assignments: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However,this Agreement shall run to the CITY and its successors and assigns. 15.3 Records: CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 15.4 Ownership of Documents: Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of City. 15.5 No Contingent Fees: CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision,the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract,price, or otherwise recover the full amount of such fee, commission,percentage, gift or consideration. 15.6 Notice: Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present,the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: Kelvin L. Baker, City Manager 780 Fisherman Street, 4t`Floor Opa-locka, Florida 33054 COPY TO: Joseph S. Geller, City Attorney 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 CONTRACTOR: Carlos Maldonado, President C&I Construction and Design, Inc. 15461 SW 170th Terrace, Miami, Florida 33187 • Phone: (786) 287-9903 Fax: (786)430-1747 • • 15.7 Binding Authority: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.8 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 15.9 Headings: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 15.10 Severability: If any provision of this Agreement or application thereof to any person or situation shall,to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 15.11 Governing Law: This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. 15.12 Disputes: Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. 15.13 Attorney's Fees: To the extent authorized by law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 15.14 Extent of Agreement: This Agreement, together with all contract documents, and all exhibits hereto or to the contract documents, represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 15.15 Waiver: Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right,but the same shall remain in full force and effect. 15.16 Equal Opportunity Employment: CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated, during employment, without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. N WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA ATTEST: BY: Joanna Flores, CMC Kelvin L. Baker Interim City Clerk City Manager APPROVED AS TO FORM: Joseph S. Geller, City Attorney CONTRACTOR WITNESSES: Authorized Representative ATTEST: SECRETARY STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this_day of , 2012. NOTARY PUBLIC My Commission Expires: See attached document for Exhibit "A" SPECIFICATIONS See attached document for Exhibit "B" PRICE PROPOSAL See attached document for Exhibit "C" Grant Requirements ATTACHMENT "C" DEPARTMENT OF PUBLIC HOUSING AND COMMUNITY DEVELOPMENT AND FEDERAL LABOR REQUIREMENTS DOCUMENTS Project Name: City of Ona-locka — Pump Station #8 Rehabilitation Project Address: 2352 NW 147 St.. Opa-locka. FL 33054 ATTACHMENT C Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: Notice to Bidders/Prospective Contractor(s) Statement of Bidder's Construction Experience Certification Receipt Davis-Bacon Wage Decision FL100267 06/04/2010 FL267 Federal Labor Standards Provisions (Form HUD-4010) Insurance Requirements Provisions to be Incorporated in Construction Contracts: o 1) Davis-Bacon Act, o 2)Termination, o 3)Access to Records and Record Retention, Non-Collusion Affidavit Certification Regarding Lobbying Affirmative Action Standards Certification of Compliance with Part 60-2:Affirmative Action Programs Other Required Certifications: o 1) Equal Employment Opportunity, o 2)Affirmative Action, o 3)Americans with Disabilities Act, o 4) Copeland Anti-Kickback, o 5) Byrd Anti-Lobbying Amendment, o 6) Full Disclosure by the Contractor/Bidder, o 7) Non-Discrimination Clause, o 8)Age Discrimination Act of 1975 as Amended, and o 9) Section 504 of the Rehabilitation Act of 1973 as Amended. Certification Regarding Drug Free Workplace (Grantees Other than Individuals) Assurance of Compliance (Section 3, HUD Act of 1968) Section 3 Requirements Section 3 Clause Bidder's Initial Section 3 Goals Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions (Certification Document and Instructions) Equal Employment Opportunity(EEO) Clause for Contractors Not Subject to Executive Order (EO 11246) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era Equal Opportunity for Workers with Disabilities Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) Equal Employment Opportunity (EEO) Clause for Contractors Subject to EO 11246 Certification of Nonsegregated Facilities Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities Notice of Requirement-Clean Water, Clean Air, EO 11738 and EPA Regulations Provision Certification of Compliance with Federal Regulations o Clean Air Act, o Federal Water Pollution Control Act, and o Lead-Based Paint Poisoning Prevention Act Certification Regarding Debarment, Suspension, and Other Responsibility Matters(Direct Recipient) Public Entity Crimes Affidavit 1-BID PACKAGE Miami- Dade County DHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) This project, will be federally funded, in part or whole through the Miami-Dade County Department of Housing and Community Development with Community Development Block Grant funds 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. Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the project) Initials 2-NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR(S)[CDBG] Miami-Dade County DHCD Page 3 STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested information and documentation with the Bid package All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets for items marked "*". 1. Prime Contractor: 2. Prime Contractor Address: 3. Name of each principal officer of corporation, partner, firm or individual: 4. Gender and Ethnicity of Principals: 5. Company Qualifier: 6. Years in Business: 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department. License Number: State: 8. Contractor's Certification Categories: Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) 10. Contractor's on-going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? If so, where and Why? Page 1 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County DHCD Page 4 12. Have you ever defaulted on a Contract? Please explain on a separate sheet. 13. Through what personnel or affiliations do you propose to provide knowledge of local design and construction problems and methods? 14. a) The undersigned has attached a detailed financial statement and furnish any other information that may be required by Miami-Dade Office of Community and Economic Development? (initials) The Bidder promises to defend, indemnify and hold harmless the (agency name) and Miami-Dade County with regard to any disclosures or information received, whether at trial, in arbitration or on appeal. (initials) 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on a copy of the submitted financial statement. (initials) 17. The undersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by the (name of agency) in verification of the recitals comprising this statement of bidder's experience (initials) SUBSCRIBED AND SWORN TO (or affirmed) before me on Date By . He/She 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 Notary Seal Public (State) Page 2 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County DHCD Page 5 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project City of Opa-locka – Pump Station #18 Rehabilitation. (Name of project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the requirements contained in Wage General Decision Number FL100267 06/04/2010 FL267 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 FL100267 06/04/2010 FL267 for this project. Name: (Name of Firm) Employer ID # (FED#) Authorized Signature: Print Name: Title: —Date: Full Full Address (including Zip Code) Telephone Number: ( ) Check one, as applicable: Contractor Subcontractor Other Page 6 Page 1 of4 General Decision Number: FL100267 06/04/2010 FL267 Superseded General Decision Number: FL20080267 State: Florida Construction Type: Heavy County: Miami-Dade County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Modification Number Publication Date 0 03/12/2010 1 06/04/2010 ELEC0349-007 08/31/2009 Rates Fringes ELECTRICIAN Electrical contracts including materials that are over $2,000,000 $ 29. 61 8 .71 Electrical contracts including materials that are under $2, 000, 000 $ 27 . 15 8.44 * ENGI0487-017 01/16/2010 Rates Fringes OPERATOR: Backhoe (Except Loader Combo) - $ 27 . 57 8 . 78 OPERATOR: Crane All Tower Cranes (Must have 2 operators) Mobile, Rail, Climbers, Static- Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over (Must have 2 operators) ; Cranes with 3 Drums (When 3rd drum is rigged for work) ; Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler/Apprentice) ; Hydro/Friction Cranes without Oiler/Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck $ 28 . 30 8 .78 Cranes with Boom Length Less than 150 Feet (With or without jib) ; Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler/Apprentice) ; Boom Truck $ 27 .57 8 . 78 http://www.wdol.gov/wdol/scafiles/davisbacon/FL267.dvb 8/26/2011 Page 2 of4 OPERATOR: Drill $ 25. 05 8 .78 OPERATOR: Loader $ 24 . 89 8.78 OPERATOR: Oiler $ 22.24 8 .78 IRON0272-005 10/01/2006 Rates Fringes IRONWORKER, STRUCTURAL $ 26. 70 6.43 LAB01652-004 05/01/2009 Rates Fringes LABORER: Grade Checker $ 14 .50 4 .67 PAIN0365-007 07/01/2008 Rates Fringes PAINTER: Brush, Roller and Spray $ 16. 00 6. 15 SUFL2009-164 06/24/2009 Rates Fringes CARPENTER, Including Form Work. . .$ 17 . 00 2.51 CEMENT MASON/CONCRETE FINISHER. . .$ 16. 61 5.52 LABORER: Common or General $ 13. 09 1.26 LABORER: Landscape $ 7.25 0. 00 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) $ 10. 63 2 .20 O BATOR: Asphalt Paver 11.59 0. 00 OPERATOR: Backhoe Loader Combo $ 16. 10 2.44 OPERATOR: Blade/Grader $ 16. 00 2.84 OPERATOR: Bulldozer $ 14. 95 0. 81 OPERATOR: Excavator $ 21. 16 1.67 OPERATOR: Mechanic $ 14 .32 0. 00 OPERATOR: Roller $ 10. 95 0. 00 OPERATOR: Scraper $ 11. 00 1.74 OPERATOR: Trackhoe $ 20. 92 5. 50 OPERATOR: Tractor $ 10.54 0. 00 TRUCK DRIVER: Lowboy Truck $ 12 .73 0. 00 TRUCK DRIVER: Off the Road http://www.wdol.gov/wdol/scafiles/davisbacon/FL267.dvb 8/26/2011 Page 3 of4 Truck $ 12.21 1.97 TRUCK DRIVER: Dump Truck $ 9. 60 0. 00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter " a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division http://www.wdol.gov/wdol/scafiles/davisbacon/FL267.dvb 8/26/2011 Page 4 of4 U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/FL267.dvb 8/26/2011 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classificationr The Project or Program to which the construction work equested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fidef assistance. ringe benefits, bears a reasonable relationship to thew A. 1. (i) Minimum Wages. All laborers and mechanics age rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account( representatives, and HUD or its designee agree on the except such payroll deductions as are permitted byr classification and wage rate (including the amount egulations issued by the Secretary of Labor under theC designated for fringe benefits where appropriate), a report opeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less thant Employment Standards Administration, U.S. Department of hose contained in the wage determination of theS Labor, Washington, D.C. 20210. The Administrator, or an ecretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf ofl Management and Budget under OMB control number 1215- aborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their incurred for more than a weekly period (but not less oftent representatives, and HUD or its designee do not agree ont han quarterly) under plans, funds, or programs, which c over the particular weekly period, are deemed to bec he proposed classification and wage rate (including the onstructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, includingt Such laborers and mechanics shall be paid the appropriate he views of all interested parties and the recommendation wage rate and fringe benefits on the wage determinationf of HUD or its designee, to the Administrator for or the classification of work actually performed, withoutr determination. The Administrator, or an authorizedr egard to skill, except as provided in 29 CFR 5.5(a)(4). epresentative, will issue a determination within 30 days ofr Laborers or mechanics performing work in more than one eceipt and so advise HUD or its designee or will notify clams-sltication may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs( 1)(ii)(b) or (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its workers performing work in the classification under this subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the contract from the first day on which work is performed in the classification. workers. (iii) Whenever the minimum wage rate prescribed in the (ii) (a) Any class of laborers or mechanics which is notl contract for a class of laborers or mechanics includes a fisted in the wage determination and which is to be fringe benefit which is not expressed as an hourly rate, the employed under the contract shall be classified in contractor shall either pay the benefit as stated in the conformance with the wage determination. HUD shall wage determination or shall pay another bona fide fringe approve an additional classification and wage rate andf ringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 • of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated ort benefits under a plan or program, Provided, That the he actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request oft Contractors employing apprentices or trainees under he contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of ther Bacon Act have been met. The Secretary of Labor may egistration of apprenticeship programs and certification oftr require the contractor to set aside in a separate account ainee programs, the registration of the apprentices andtr assets for the meeting of obligations under the plan or ainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorizedr (ii) (a) The contractor shall submit weekly for each weeki epresentative of the Department of Labor withhold orc n which any contract work is performed a copy of all ause to be withheld from the contractor under this c payrolls to HUD or its designee if the agency is a party to ontract or any other Federal contract with the same prime c the contract, but if the agency is not such a party, the ontractor, or any other Federally-assisted contracts contractor will submit the payrolls to the applicant ubject to Davis-Bacon prevailing wage requirements,w sponsor, or owner, as the case may be, for transmission to hich is held by the same prime contractor so much of theac HUD or its designee. The payrolls submitted shall set out crued payments or advances as may be considered accurately and completely all of the information requiredt necessary to pay laborers and mechanics, including o be maintained under 29 CFR 5.5(a)(3)(i) except that full s apprentices, trainees and helpers, employed by the ocial security numbers and home addresses shall not bei contractor or any subcontractor the full amount of wagesr ncluded on weekly transmittals. Instead the payrolls shall equired by the contract In the event of failure to pay anyl only need to include an individually identifying number for aborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose fromt sponsor, applicant, or owner, take such action as may be he Wage and Hour Division Web site at necessary to cause the suspension of any further http.//www.dol.qov/esa/whd/forms/wh347instr.htm or its s payment, advance, or guarantee of funds until such uccessor site. The prime contractor is responsible fort violations have ceased. HUD or its designee may, after he submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. ji) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of ani period of three years thereafter for all laborers and nvestigation or audit of compliance with prevailing wager mechanics working at the site of the work. Such records equirements. It is not a violation of this subparagraph fora shall contain the name, address, and social security prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submissiont of contributions or costs anticipated for bona fide fringe o HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types describedi Management and Budget under OMB Control Number n Section I(b)(2)(B) of the Davis-bacon Act), daily andw 1215-0149.) eekly number of hours worked, deductions made andac (b) Each payroll submitted shall be accompanied by a tual wages paid. Whenever the Secretary of Labor hasf "Statement of Compliance," signed by the contractor or ound under 29 CFR 5.5 (a)(1)(iv) that the wages of anyl subcontractor or his or her agent who pays or supervisest aborer or mechanic include the amount of any costs r he payment of the persons employed under the contract easonably anticipated in providing benefits under a plan and shall certify the following. or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains thei Bacon Act, the contractor shall maintain records which nformation required to be provided under 29 CFR 5.5( show that the commitment to provide such benefits is a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract duringt shall be paid not less than the applicable wage rate on the he payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, andt performed. In addition, any apprentice performing work ont hat no deductions have been made either directly on he job site in excess of the ratio permitted under ther ndirectly from the full wages earned, other than egistered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates( specified in the applicable wage determinationi expressed in percentages of the journeyman's hourly r ncorporated into the contract. ate) specified in the contractor's or subcontractor's r egistered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in ther certification set forth on the reverse side of Optional Form egistered program for the apprentice's level of progress,e WH-347 shall satisfy the requirement for submission of the" xpressed as a percentage of the journeymen hourly rate s Statement of Compliance" required by subparagraphA pecified in the applicable wage determination.A .3.(ii)(b). pprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (iii) The contractor or subcontractor shall make ther classification. If the Administrator determines that a ecords required under subparagraph A.3.(i) available fori different practice prevails for the applicable apprentice nspection, copying, or transcription by authorizedr classification, fringes shall be paid in accordance with that epresentatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the requiredr withdraws approval of an apprenticeship program, the ecords or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit ther (ii) Trainees. Except as provided in 29 CFR 5.16,t equired records upon request or to make such records rainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced byf (i) Apprentices. Apprentices will be permitted to work atl ormai certification by the U.S. Department of Labor, ess than the predetermined rate for the work they Employment and Training Administration. The ratio oft performed when they are employed pursuant to andi rainees to journeymen on the job site shall not be greatert ndividually registered in a bona fide apprenticeship han permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate with a State Apprenticeship Agency recognized by the specified in the applicable wage determination. Trainees Office, or if a person is employed in his or her first 90 shall be paid fringe benefits in accordance with the days of probationary employment as an apprentice in such provisions of the trainee program. If the trainee program an apprenticeship program, who is not individuallyr does not mention fringe benefits, trainees shall be paid egistered in the program, but who has been certified byt the full amount of fringe benefits listed on the wage he Office of Apprenticeship Training, Employer and Labors determination unless the Administrator of the Wage and ervices or a State Apprenticeship Agency (where Hour Division determines that there is an apprenticeship appropriate) to be eligible for probationary employment as program associated with the corresponding journeyman an apprentice. The allowable ratio of apprentices to wage rate on the wage determination which provides fort journeymen on the job site in any craft classification shall ess than full fringe benefits for apprentices. Any not be greater than the ratio permitted to the contractor ast employee listed on the payroll at a trainee rate who is notr o the entire work force under the registered program. Anyw orker listed on a payroll at an apprentice wage rate, who egistered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess oft person or firm ineligible for award of a Government he ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration (iii) The penalty for making false statements is prescribedi withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less thant n the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, he applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.," until an acceptable program is approved. Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds fort involve the employment of laborers or mechanics shall require or ermination of the contract and for debarment as a c permit any such laborer or mechanic in any workweek in which the ontractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All r 1il1 and-interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause setf arising out of the labor standards provisions of this orth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes betweent Columbia or a territory, to such District or to such he contractor (or any of its subcontractors) and HUD orit territory), for liquidated damages. Such liquidated s designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individuall employees or their representatives. aborer or mechanic, including watchmen and guards, 10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) oft of the overtime wages required by the clause set forth in sub he Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative oft he Department of Labor withhold or cause to be withheld,fr om any moneys payable on account of work performed byt he 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 andl iquidated damages as provided in the clause set forth in s ubparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall i nsert in any subcontracts the clauses set forth in s ubparagraph (1) through (4) of this paragraph and also a c lause requiring the subcontractors to include these cl auses in any lower tier subcontracts. The prime c ontractor shall be responsible for compliance by anys ubcontractor or lower tier subcontractor with the clausess et 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 byr egulation. (2) The Contractor shall comply with all regulationsi ssued 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 as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref. Handbook 1344.1 4-CERTIFICATION RECEIPT Miami-Dade County DHCD 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. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s) and original policies described hereunder. A. Construction and Major Rehabilitation projects including new structures, additions to existing structures, and comprehensive modernization/renovation. The contractor shall obtain the insurance specified in Section II. B. Emergency Shelter, Housing and Minor Rehab, Acquisition of Land and Commercial Revitalization projects including renovation or roofing only of existing structures. The contractor shall obtain the insurance specified in Section II. II. Types of Insurance REQUIRED CERTIFICATE(S)OF PROJECT TYPE INSURANCE A. Construction and Major Worker's Compensation Insurance-for all Rehabilitation employees of the Contractor as required by B. Emergency Shelter, Housing and Florida Statute 440. Minor Rehab, Acquisition of Land & Commercial Revitalization Professional Liability Insurance-on a comprehensive basis in an amount not less A. Construction and Major than $1,000,000 combined single limit per Rehabilitation occurrence for bodily injury and property B. Emergency Shelter, Housing and damage. Miami-Dade County must be Minor Rehab, Acquisition of Land & shown as an additional insured with Commercial Revitalization respect to this coverage. Automobile Liability Insurance-covering all A. Construction and Major owned, non-owned and hired vehicles used Rehabilitation in connection with the work, in an amount not B. Emergency Shelter, Housing and less than $500,000 combined single limit per Minor Rehab, Acquisition of Land & occurrence for bodily injury and property Commercial Revitalization damage. Completed Value Builder's Risk Insurance-on al"All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the A. Construction and Major Rehabilitation building(s)or structure(s). The policy shall be in the name of the sub-recipient and the Contractor, and Miami-Dade County must be listed as a loss payee. Please verify insurance requirements at time of pre-construction meeting. Page 1 of 2 Page 7 6-INSURANCE REQUIREMENTS Miami-Dade County DHCD III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "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 2 of 2 Page 8 6-INSURANCE REQUIREMENTS Miami-Dade County DHCD PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS A. "DAVIS-BACON"ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract, subcontract, and any lower-tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL20100325 04/01/2012 FL325for this project." B. TERMINATION PROVISION & LEGAL REMEDIES As stated in 24 CFR Part 85.36 All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner which it will be affected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provisions for termination are as follows: 1 Termination at Will This contract, in whole or in part, may be terminated by the Principal Contractor/Owner upon no less than ten (10) working days notice when the Principal Contractor/Owner determines that it would be in the best interest of the Principal Contractor/Owner and the Department of Housing and Community Development (OCED). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Initials Page 1 of 3 Page 9 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County DHCD 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. 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 OCED a release from its contractual obligations to the County. The Director of OCED 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. Initials Page 2 of 3 Page 10 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County DHCD 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. C. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami-Dade Department of Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Initials Page 3 of 3 • Page 11 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County DHCD NONCOLLUSION AFFIDAVIT STATE OF: 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 Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of , 20 My commission expires: Page 12 8-NONCOLLUSION AFFIDAVIT Miami-Dade County DHCD 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. By: Print: Title: Date: Business Address: Page 13 isours 9-CERTIFICATION REGARDING LOBBYING Miami-Dade County DHCD AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. - To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. Initials Page 1 of 5 Page 14 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD To Demonstrate Compliance: Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially 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 bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must (a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards (in the office and on all job sites); (c) put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. Initials Page 2 of 5 • Page 15 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. To Demonstrate Compliance: Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of (a) letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b) advertisement that has the EEO "tagline" on the bottom; and (c) letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written, to minority, women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source, the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be -used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings) with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training (apprenticeship or other) describing the openings, screening procedures, and tests to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and women and provide, where reasonable, school, summer and vacation employment to minority and female youth both on-site and in other areas of the workforces. Initials Page 3 of 5 Page 16 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD To Demonstrate Compliance: Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts (written and oral) with minority and women employees requesting their assistance in recruiting other minorities and women, and record results. If contractors normally provide after-school, summer, and vacation employment, it must have copies of letters to organizations under Item 9 describing those opportunities and must have responses received and results noted on letters or in a follow- up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports) that: (a) the activity under Item 12, above, has been carried out; (b) any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c) the EEO officer reviews all monthly workforce reports, hiring, terminations, and training provided on the job; (d) the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e) the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. Initials Page 4 of 5 Page 17 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD 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 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 5 of 5 Page 18 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County DHCD CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS 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 each of his establishments; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Name Title Signature Date Address (Including Zip Code) 11 -CERTIFICATION OF COMPLIANCE WITH PART 60-2 Page 19 AFFIRMATIVE ACTION PROGRAMS Miami-Dade County DI-ICD OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has _, has not , participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has , has not filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) B. AFFIRMATIVE ACTION The bidder represents that (a) it has developed and has on file, has not developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. By submission of this bid, the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1 of 3 Page 20 12-OTHER CERTIFICATIONS Miami-Dade County DHCD E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of $100,000 or more: Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI-DADE COUNTY AT TIME OF AWARD. This certification applies to a contract or subcontract in excess of $25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. G. NONDISCRIMINATION CLAUSE Section 109. Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. Page 2 of 3 12-OTHER CERTIFICATIONS Page 21 Miami-Dade County DHCD H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non--discrimination on the Basis of Aae No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. By: Print: Title: Date: Business Address: Page 3 of 3 12-OTHER CERTIFICATIONS Page 22 Miami-Dade County DHCD CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F, for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A.The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami-Dade County DHCD Page 23 (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. Name of Bidder Authorized Signature Date Official Address (including Zip Code) Page 2 of 2 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami-Dade County DHCD Page 24 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 APPLICANT SIGNATURE: ADDRESS: DATE: 14-ASSURANCE OF COMPLIANCE(Section 3,HUD ACT of 1968) Miami-Dade County DHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph (a) and the availability of eligible 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 Page 1 of 2 15-SECTION 3 REQUIREMENTS Miami-Dade County DHCD Page 26 Applicant, recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. Initials Page 2 of 2 15-SECTION 3 REQUIREMENTS Miami-Dade County DHCD Page 27 SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under CFR part 135. F Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Initials 16-SECTION 3 CLAUSE Miami-Dade County DHCD Page 28 BIDDER' S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be 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 Department of Housing and Community Development. Authorized Signature Title Company Employer (IRS) ID# Date 1 17-BIDDER'S INITIAL SECTION 3 GOALS Miami-Dade County DHCD Page 29 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contract the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. Page 1 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County DHCD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 2 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County DHCD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, 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. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. By: Print: Title: Date: Business Address: Page 3 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County DHCD N Page 32 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color religion, sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. By: Print: Title: Date: Business Address: 19-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County DHCD Page 33 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: recruitment, advertising, and job application procedures; ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of pay or any other form of compensation and changes in compensation; iv. job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. leaves of absence, sick leave, or any other leave; vi. fringe benefits available by virtue of employment, whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 1 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County DHCD Page 34 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily 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. Page 2 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County DHCD Page 35 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. 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. By: Print: Title: Date: Business Address: Page 3 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County DHCD Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: x. Recruitment, advertising, and job application procedures; 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). Page 1 of 2 21 -EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami-Dade County DHCD Page 37 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance By: Print: Title: Date: Business Address: Page 2 of 2 21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami-Dade County DHCD Page 38 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 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 Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Initials Page 1 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 39 The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, 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 violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written 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. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami-Dade County, Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. Initials Page 2 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the 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. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Initials Page 3 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DFICD Page 41 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1.As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). - Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Initials Page 4 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 42 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as 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: Initials Page 5 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 43 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with 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. 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. Initials Page 6 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 44 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Initials Page 7 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 45 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. Initials Page 8 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall 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. Initials Page 9 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 47 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Initials Page 10 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County DHCD Page 48 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated 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. Page 1 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County DHCD Page 49 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of 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. By: Print: Title: Date: Business Address: Page 2 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County DHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical 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 By: Print: Title: Date: Business Address: 24-CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County DHCD Page 51 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 By: Print: Title: Date: Business Address: 25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County DHCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of$100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, 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. Name of Bidder Authorized Signature Date 26-NOTICE OF REQUIREMENT FOR CLEAN WATER,CLEAN AIR,EXCEUTIVE ORDER(E.O.)11738 AND EPA REGULATIONS PROVISION Miami-Dade County DHCD 4 Page 53 CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 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. Name of Bidder Signature Date Official Address (including Zip Code) 27-CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Miami-Dade County DHCD Page 54 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- 1. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (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; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Name of Bidder Signature Date Official Address(including Zip Code) 28-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS(DIRECT RECIPIENT) Miami-Dade County DHCD Page 55 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by (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 nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 1 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County DHCD Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 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). Page 2 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County DHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 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) Page 3 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County DHCD Page 58