HomeMy Public PortalAbout13-8519 Issue a RFP for a Design Build Contractors for the Helen Miller Center Sponsored by: City Manager
Resolution No. 13-8519
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO PREPARE AND ISSUE A REQUEST FOR
QUALIFICATIONS (RFQ) FOR A DESIGN BUILD
CONTRACTOR TO PROVIDE DESIGN AND CONSTRUCTION
SERVICES FOR THE HELEN MILLER CENTER AT SEGAL
PARK, PAYABLE FROM ACCOUNT NUMBER 44-541802;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Helen Miller Center needs to be rebuilt due to uneven settlement,
multiple cracks, bulging and uplifting of the slab-on-grade, inside and out; and
WHEREAS, the City Commission of the City of Opa-locka seek the services of a
qualified Design Build contractor to reconstruct the Helen Miller Center; and
WHEREAS, the reconstruction will include the demolition of the existing building, and
design and construction of a new two-story energy efficient building; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to issue a Request for Qualifications (RFQ) for a Design Build contractor for the
reconstruction of the Helen Miller Center.
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.
Resolution No. 13-8519
Section 2. The City Commission of the City of Opa-locka hereby directs and
authorizes the City Manager to prepare a Request for Qualifications for a contractor to provide
Design Build services for the Helen Miller Center, located at 2331 NW 143`d Street, payable
from Account Number 44-541802.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of January, 2013.
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Y' ‘fTAYLOR
MAYOR
Attest to:
itanna Flores
ity Clerk
Approved as to form . d legal su , ,iency:
Jos:p `. O'er e
C' y ttorn.!
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locks
Agenda Cover Memo
Commission Meeting ( 01/09/2013 I Item Type: Resolution Ordinance Other
I Date: I i X — __
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterXin box) Yes No (EnterXin box)
x Public Hearing: Yes No Yes No
(EnterXin box) X x --
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: (EnterXin box) -- — ---
Account#44-541802
RFP to be advertized for design build
services
Contract/P.O. Required: Yes No RFP/RFQ/Bid#:
(Enter X in box)
Strategic Plan Related Yes No Strategic Plan Priority Area Strategic Plan 014/Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational 0
Bus.&Economic Dev s Is required to receive design build
Public Safety ® services for the Helen Miller
Quality of Education 0 Center at Segal Park.
Qual.of Life&CIty Image I.
Communcation El
Sponsor Name Department:
City Manager Public Works
[ — _ —
Short Title:
Request for Qualifications(RFQ)for Helen Miller Center
_ ___j
Staff Summary:
The purpose of this Request for Qualifications is to seek Design Build service of qualified bidders for the
reconstruction of the Helen Miller Center. The existing one story Helen Miller Center building structure located at
2331 NW 143rd Street, in the City of Opa-locka, has uneven settlement along with multiple cracks, bulging and
uplifting of the slab-on-grade inside and outside. The scope will include demolition of the existing building, design
and construction of a new two story energy efficient building approximately 6000 sft at the same location with
modern architectural and aesthetic view in compliance with outlook of the existing building.
Proposed Action:
Staff recommends approval. The building will serve multi purposes such as a community hall, restroom, kitchen
facility, offices, operation rooms, storage room, and hurricane center. The selected bidder will provide the city with
plans for electrical, HVAC, landscaping, restoration and refurbishing of the parking area. The bidder will be
required to have a Topographic/Boundary Survey and Geotechnical investigation, and tests completed. The
selected bidder will provide construction, design, permitting, and inspection services and will provide an as-built at
the completion of the construction. The selected bidder will be responsible for securing and closing out all permits,
and provide a certificate of completion. The facility will provide a public facility and infrastructure improvements
benefit which serves the Opa-locka Neighborhood Revitalization Strategy Area(NRSA) in District 1, City of Opa-
locka.
Attachment:
1. Agenda
2. Copy of RFP
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EMIORAN!)LJN 4..oq,,,
To: Mayor Myra Lo Taylor
Vice Mayor Joseph L. Kelle
Commissioner Timothy Holmes
Commissioner Dorothy Johnsci`
Commissioner Luis 13, Santi4L(
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FROM: Keivin L. baker, City Managvf/ U/' ,.\
DATE: December 06,2012
RE: Request for Qualifications (RFQ) for Helen Miller Center
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST
FOR QUALIFICATIONS (RFQ) FOR THE DESIGN BUILD SERVICES FOR HELEN MILLER
CENTER AT SEGAL PARK.
Description: The purpose of this Request for Qualifications is to seek Design Build service of qualified
bidders for the reconstruction of the Helen Miller Center. The existing one story Helen Miller Center
building structure located at 2331 NW 143rd Street, in the City of Opa-locka, has uneven
settlement along with multiple cracks, bulging and uplifting of the slab-on-grade inside and
outside. The scope will include demolition of the existing building, design and construction of a
new two story energy efficient building at the same location with modern architectural and
aesthetic view in compliance with outlook of the existing building.
The Helen Miller Center will also serve as a hurricane shelter while complying with the city's need. The
city's administrative duties will include environmental review, procurement of services, contract
management, grant reporting, project close out and liaison with Miami Dade County.
Account Number: 44-541802
Financial Impact: This project will be federally funded, in part or whole through the Miami-Dade County
Public Housing and Community Development with COMMUNITY DEVELOPMENT BLOCK
GRANT(CDBG)funds from the U.S. Department of Housing and Urban Development(HUD).
Inplementaiion Timeline: As soon as Possible.
Legislative History: None
RecomInendation(s):, Staff recommends approval.
Analysis: The selected bidder will provide the city with plans for the demolition of the existing building,
and construction of a two-story building with Moorish Style including design and specifications, and
permitting.
The selected bidder must provide the following services:
1. Design services in compliance with local, State, and Federal regulations.
2. Design Review and Best Value Analysis including Cost Estimates.
3. Surveying and Geotechnical Services as required.
4. Guaranteed maximum price including payment and performance bond.
5. All required permitting
6 Architectural and Engineering services including inspections
during construction.
7. Scheduling and Cost Control.
The building will serve multi purposes such as a community hall, restroom, kitchen facility, offices,
operation rooms, storage room, and hurricane center. The selected bidder will provide the city with plans
for electrical, HVAC, landscaping, restoration and refurbishing of the parking area. The bidder will be
required to have a Topographic/Boundary Survey and Geotechnical investigation,and tests completed. The
selected bidder will provide construction, design, permitting, and inspection services and will provide an
as-built at the completion of the construction. The selected bidder will be responsible for securing and
closing out all permits, and provide a certificate of completion. The facility will provide a public facility
and infrastructure improvements benefit which serves the Opa-locka Neighborhood Revitalization Strategy
Area(NRSA)in District 1, City of Opa-locka.
Attachment:
Copy of RFP
PREPARED BY: Mohammad Nasir,PE,Asst.Public Works Director/City Engineer
END OF MEMORANDUM
City of - ock
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RFQ NO: xxxxxxxxx
REQUEST FOR QUALIFICATION (RFQ)
DESIGN BUILD SERVICES FOR THE CONSTRUCTION
OF HELEN MILLER CENTER
CITY OF OPA LOCKA 780 FISHERMAN STREET OPA LOCI,,ELORADA 33054
1. INTRODUCTION 6
1.1. SCOPE OF WORK 6
1.2. DEFINITIONS 7
2. PROPOSAL SCHEDULE 8
2.1 INFORMATION MEETING 8
2.2 LATE PROPOSALS 8
2.3 AMENDMENTS TO RFQ
2.4 ADDENDA 9
2.5 OPENING OF PROPOSALS g
2.6 STATUS INQUIRIES 9
3. PROPOSAL SUBMISSION FORM AND CONTENTS g
3.1. SUBMISSION OF PROPOSALS 9
3.2. PACKAGE 10
3.3. LETTER OF INTRODUCTION 10
3.4. COMPANY PROFILE, EXPERIENCE,AND QUALIFICATIONS 10
3.5. PROJECT STAFFING: 11
3.6. PROJECT MANAGEMENT: 11
3.7. QUALITY CONTROL PROCESS: 11
3.8. TECHNICAL APPROACH TO THE PROJECT PROCESS 11
3.9. REFERENCE 12
3.10. SIGNATURE 12
4. EVALUATION AND SELECTION 12
4.1. EVALUATION TEAM 12
4.2. EVALUATION CRITERIA 13
a) EXPERIENCE 13
b) TECHNICAL APPROACH 13
c) NOTE 13
d) LITIGATION 14
4.3. ADDITIONAL INFORMATION 14
4.4. INTERVIEWS 14
4.5. NEGOTIATION OF CONTRACT AND AWARD 14
Page 12
5. GENERAL CONDITIONS 15
5.1. NO CITY OBLIGATION 15
5.2. PROPONENTS' EXPENSES 15
5.3. NO CONTRACT 15
5.4. CONFLICT OF INTEREST 15
5.5. SOLICITATION OF COMMISSION MEMBERS 15
5.6. CONFIDENTIALITY 5
6. COMPLIANCE WITH APPLICABLE LAWS 16
7. INSURANCE REQUIREMENTS 16
8. AGREEMENT/EXCEPTIONS 17
9. BONDING REQUIREMENTS 18
PROPOSER QUALIFICATIONS 19
CERTIFICATION REGARDING DEBARMENT, SUSPENSION 21
PRICE PROPOSAL FORM 23
BID BOND
25
DRUG-FREE WORKPLACE CERTIFICATION FORM 28
NON-COLLUSION AFFIDAVIT 29
Page 13
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CITY OF OPA-LOCKA
ADVERTISEMENT FOR REQUEST FOR QUALIFICATIONS (RFQ)
RFQ NO: xxxxxxxxx
Sealed Proposals for design build services for the construction of the Helen Miller Center will be
received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-
locka, Florida 33054, xxxxxxxxx, 2012 by 1:00 p.m. Any RFQ Package received after the designated
closing time will be returned unopened. -
The purpose of this Request for Qualifications is to seek Design Build service of qualified bidders for
the reconstruction of the Helen Miller Center located at Segal Park located at 2331 NW 143rd Street,
in the City of Opa-locka, Florida, 33054.
NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR(S)
•
This project, will be federally funded, in part or whole through the Miami-Dade County
Public Housing and Community Development with COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) funds from the U.S. Department of Housing and Urban Development
(HUD) 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 laws,
regulations, and ordinances.
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.
I 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.
An original and six(6)copies a total of seven(7)plus 1 copy of the qualifications package on CD's in
PDF format shall be submitted in sealed envelopes/packages addressed to The City Clerk, City of Opa-
locka, Florida, and marked RFQ for Helen Miller Center.
An information meeting(pre-proposal meeting)will be hosted by the City Representative to discuss
the City's requirements under this RFQ(the"Information Meeting")on xxxxxxxxx,2012 at 10:00
A.M. at City Hall, 780 Fisherman Street, second Floor,Opa-locka, Florida-33054.
Page 14
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or
irregularities therein. The City further reserves the right to award the contract to that proposer whose
proposal best complies with the RFQ NO: xxxxxxxxx requirements. Proposers may not withdraw
their proposal for a period of ninety(90)days from the date set for the opening thereof.
City Clerk
Joanna Flores, CMC
Page 15
1. INTRODUCTION
1.1. SCOPE OF WORK
The existing one story Helen Miller Center building structure located at 2331 NW 143rd Street, in the
City of Opa-locka, has uneven settlement along with multiple cracks, bulging and uplifting of the slab-
on-grade inside and outside. The scope will include demolition of the existing building, design and
construction of a new two story energy efficient building approximately 6000 sft at the same story energy efficient building approximately LL'UV .'>tl al the Sallie l!!1:t1llUII
with modern architectural and aesthetic view in compliance with outlook of the existing building.
The Helen Miller Center will also serve as a hurricane shelter while complying with the city's need.
The city's administrative duties will include environmental review, procurement of services, contract
management, grant reporting, project close out and liaison with Miami Dade County.
The selected bidder will provide the city with plans for the demolition of the existing building, and
construction of a two-story building with Moorish Style including design and specifications, and
permitting.
The selected bidder must provide the following services:
1. Design services in compliance with local, State, and Federal regulations.
2. Design Review and Best Value Analysis including Cost Estimates.
3. Surveying and Geotechnical Services as required.
4. Guaranteed maximum price including payment and performance bond.
5. All required permitting
6. Architectural and Engineering services including inspections during construction.
7. Scheduling and Cost Control.
The building will serve multi purposes such as a community hall, restroom, kitchen facility, offices,
operation rooms, storage room, and hurricane center. The selected bidder will provide the city with
plans for electrical, HVAC, landscaping, restoration and refurbishing of the parking area. The bidder
will be required to have a Topographic/Boundary Survey and Geotechnical investigation, and tests
completed. The selected bidder will provide construction, design, permitting, and inspection services
and will provide an as-built at the completion of the construction. The selected bidder will be
responsible for securing and closing out all permits, and provide a certificate of completion. The
facility will provide a public facility and infrastructure improvements benefit which serves the Opa-
locka Neighborhood Revitalization Strategy Area(NRSA) in District 1,City of Opa-locka.
All information provided by the selected bidder will be reviewed by City staff. The design build
services provider will be expected to rectify any omissions and make such changes as deemed
appropriate at no additional cost. The selected bidder must provide the final As-Built drawing at the
completion of the project closeout.
Page 16
The drawings shall be submitted in electronic format using both PDF and AutoCAD with five (5) sets
of signed and sealed drawings.
The selected bidder is expected to start work within a two week period from receipt of Notice to
Proceed and a work description unless an alternate time frame has been agreed upon. The City expects
the work to be actively pursued until complete.
1.2. DEFINITIONS
In this RFQ the following definitions shall •l
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"City"means the City of Opa-locka;
"City Website" means www.Opa-lockafl.gov
"Closing Time" has the meaning set out in section 2.0;
"Contract" means a formal written contract between the City and a Preferred Proponent to undertake
the Services.
"Evaluation Team"means the team appointed by the City;
"Information Meeting"has the meaning set out in section 2.1;
"Preferred Proponent(s)" means the Proponent(s) selected by the Evaluation Team to enter into
negotiations for a Contract;
"Proponent"means an entity that submits a response to this RFQ;
"Proposal"means a proposal submitted in response to this RFQ;
"RFQ"means this Request for Proposal;
"Services"has the meaning of any and all construction and administration work necessary to complete
this project
"Site"means the place or places where the Services are to be performed;
Page I 7
2. PROPOSAL SCHEDULE
Closing Time and Address for Proposal Delivery:
Proposals must be received by the office of:
Office of the City Clerk
780 Fisherman Road,4th Floor
Opa-locka, Florida 33054
Proposals are due on xxxxx xx, 2012 by 1:00 P.M. (local time).
Bid Opening Date&Time: xxxxxx xx, 2012, 2:00 P.M. (local time).
Bid Opening Location:
780 Fisherman Road, 2nd Floor
Opa-locka, Florida 33054
Submissions by fax [or email] will not be accepted.
2.1 INFORMATION MEETINO
An information meeting (pre-proposal meeting) will be hosted by the City Representative to discuss
the City's requirements under this RFQ (the "Information Meeting") on xxxxxxxxx, 2012 at 10:00
A.M. at City Hall, 780 Fisherman Street, second Floor, Opa-locka Florida, 33054. Attendance is
mandatory for all Proponents; any proposal received that was not represented during the Information
Meeting shall be disqualified.
2.2 LATE PROPOSALS
Proposals received after the Closing Time will not be accepted or considered. Delays caused by any
delivery, courier or mail service(s)will not be grounds for an extension of the Closing Time.
2.3 AMENDMENTS TO RFQ
Proposals may be revised by written amendment, delivered to the location set out above, at any time
before the Closing Time but not after. An amendment must be signed by an authorized signatory of the
Proponent in the same manner as provided in the original proposals.
All inquiries related to this RFQ should be directed in writing, via fax or e-mail to the person named
below (the "City Representative"). Information obtained from any person or source other than the
City Representative may not be relied upon.
Rose A. McKay
CITY OF OPA LOCKA-PURCHASING DIVISION
305-953-2868 EXT 1307
305-953-2900 FAX
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Inquiries should be made no later than 3 days before Closing Time. The City reserves the right not to
respond to inquiries made within 3 days of the Closing Time. Inquiries and responses will be recorded
and may be distributed to all Proponents at the discretion of the City.
Proponents finding discrepancies or omissions in the Contract or RFQ, or having doubts as to the
meaning or intent of any provision, should immediately notify the City Representative. If the City
determines that an amendment is required to this RFQ, the City Representative will issue an addendum
in accordance with section 2.4. No oral conversation will affect or modify the terms of this RFQ or
may be relied upon by any Proponent.
2.4 ADDENDA
If the City determines that an amendment is required to this RFQ, the City Representative will post a
written addendum on the City Website at t 4, c_k ail,_1,,\ (the "City Website")and upon posting
will be deemed to form part of this RFQ. No amendment of any kind to the RFQ is effective unless it
is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents
will be deemed to have received notice of all addenda that are posted on the City Website.
2.5 OPENING Oli{ PROPOSALS
The City will open Proposals in a public setting.
Bid Opening Date&Time: xxxxxx xx, 2012,2:00 P.M. (local time).
Bid Opening Location:
780 Fisherman Road, 2nd Floor
Opa-locka, Florida 33054
2.6 STATUS INQUIRIES
All inquiries related to the status of this RFQ, including whether or not a Contract has been awarded,
should be directed to the City Website and not to the City Representative.
3. PROPOSAL SUBMISSION FORM !AND CONTENTS
In order to maintain comparability and enhance the review process, proposals shall be organized in the
manner specified below and include all information required herein. The proposal must name all
persons or entities interested in the proposal as principals. The proposal must declare that it is made
without collusion with any other person or entity submitting a proposal pursuant to this RFQ.
3.1. SUBMISSION OF PROPOSALS
The proposal shall be submitted on 8 1/4 "x 11" paper, portrait orientation, with headings and sections
numbered appropriately with the exception for Organizational Chart, and Project Schedule. Ensure
that all information is written legibly or typed. The following should be submitted for a proposing
firm to be considered:
1. An original copy (so marked) of the proposal and seven (7) copies must be sealed in one
Page l 9
package and clearly labeled"RFQ—Request for Qualifications for Design Build Construction
Services for Helen Miller Center" on the outside of the package.
2. Title Page showing the RFQ number, subject, the firm's name, the contact person's name,
address and telephone number and the date of the proposal.
3. Table of Contents should include a clear and complete identification of the materials submitted
by section and page number.
4. Transmittal Letter summarizing in a brief and concise manner the proposer understands of the
work to bc pe:for i. ed, he v'viaiitii meat to perform the work within the anticipated time period,
a statement why the firm believes itself to be best qualified to perform the engagement, and a
statement that the proposal remains in effect for ninety(90) days. An authorized agent of the
Proposer must sign the Letter of Transmittal indicating the agent's title or authority.
5. Profile, Experience and qualifications of the firm with the name, address, telephone number,
licenses, education, certifications, and organizational chart of the project team of the proposing
firm, and three similar government entities (specify name of entity, contact person, address
and phone number), for whom your firm has provided services. The City may contact these
references.
6. Project Staffing, Management, Quality Control Process, and the approach to the project
process.
7. Executed copy of Drug Free Workplace Form attached to this Request for Proposal.
8. Statement acknowledging receipt of each addendum issued by the City.
9. Proposal must be signed by an officer or employee having authority to legally bind the
Proposer.
3.2. PACKAGE
Proposals should be in a sealed package, marked on the outside with the Proponent's name,
title of the Project and reference number.
3.3. LETTER OF INTRODUCTION
The letter should demonstrate how your firm is uniquely qualified to provide design build
services for the in the City of Opa-locka.
3.4. COMPANY PROFILE,EXPERIENCE,AND QUALIFICATIONS
The consulting firm(s) shall provide a description of the history and background of the firm,
copy of the selected bidder's license to do business in the state of Florida, identification of the
services provided to municipalities in Florida and other information relevant to the provision
of Design build services. The following information shall be included in the response:
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• General information about the firm
• Name, address and phone number of the firm
• List of firm's insurance policies, the insurer, and policy numbers.
> List names and titles of officers of the firm who are directly responsible for engineering
services
• Project Organizational Chart
• Project Manager's name and experience
> Resume of each individual(including sub-selected bidders)who would be assigned to the
project(s), including education,experience,and any other pertinent information shall be
included for each team
A Information pertaining to the firm's compliance with state licensing
• Names of sub-bidder(s)the selected bidder intends to use for this RFQ.
Experience of the firm(s) in performing design and construction of building structures.
Detailed list of services available directly from the company
Quality Control Process
• Project Management System
• Scheduling and Cost Control
> Technical Approach specific to the Project
• Proof of appropriate state certifications -Provide proof that you are licensed to operate in
Florida
• Fee Schedule- Please state your standard fee schedule according to the standard formats
of compensation.
3.5. PROJECT STAFFING:
The bidder should clearly identify the staffing quality, availability, education, Licenses, and experience
including sub-bidder(s).
3.6. PROJECT MANAGEMENT:
The bidder should clearly describe the project manager's role, their methodology, and style of project
management to successfully deliver this project. The bidder should propose strategies for controlling
the project schedule. The bidder should clearly describe the inter-relationship between the prime
bidder and sub bidders.
3.7. QUALITY CONTROL PROCESS:
Bidder should clearly present their quality control process integrated with the design, permitting, and
construction efforts.
3.8. TECHNICAL APPROACH TO THE PROJECT PROCESS
The purpose of the technical approach to the project process is to demonstrate the qualifications,
competence, capacity and methodology of the bidders seeking to provide the services in conformity
with the requirements of this Request for Qualifications. As such the substance of proposals will carry
Page 11
more weight than their form or manner of presentation. The technical proposal should demonstrate the
combined qualifications of the firm and of the particular staff to be assigned to this engagement. It
should also specify an approach that will meet the RFQ requirements.
The technical proposal should provide a straightforward, concise description of the Proposer's
capabilities to provide high standard design build services.
3.9. REFERENCE
the Proposer must provide references from at least three clients for 1 i similar r_..__ .,°v (.�) ., ienw yr`v'Jiivm the SLi�iiai services were
provided by the respective firm. The references should include the name, address and telephone
number of a contact person for each reference cited.
3.10. SIGNATURE
The legal name of the person or firm submitting the Proposal should be included. The Proposal should
be signed by a person authorized to sign on behalf of the Proponent and include the following:
(a) If the Proponent is a corporation then the full name of the corporation should be included,
together with the names of authorized signatories. The Proposal should be executed by all of the
authorized signatories or by one or more of them provided that a copy of the corporate resolution
authorizing those persons to execute the Proposal on behalf of the corporation is submitted;
(b) If the Proponent is a partnership or joint venture then the name of the partnership or joint
venture and the name of each partner or joint venture should be included, and each partner or joint
venture should sign personally(or, if one or more person(s)have signing authority for the partnership
or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City
that the person(s) signing have signing authority for the partnership or joint venture). If a partner or
joint venture is a corporation then such corporation should sign as indicated in subsection(a)above; or
(e) If the Proponent is an individual, including a sole proprietorship, the name of the individual
should be included.
4. EVALUATION AND SELECTION
4.1. EVALUATION TEAM
The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The
Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or
Preferred Proponents to the City.
Page 112
4.2. EVALUATION CRITE i' A
The evaluation team will compare and evaluate all RFQ package to determine the strength and ability
of the potential selected bidders to provide the services required in the most advantageous manner to
the City, using the following criteria:
Qualification Statements that satisfy the minimum requirements of the 'rime Bidder being in the
similar services under the same name for a minimum of TEN YEARS (10) and the qualified bidders
will be scored as follows:
• Letter of Interest --- 5points
• SimilarExperience 5 points
• Understanding of the Project and It's Requirements........... 10 points
• Value Engineering Experience on similar projects .................>>......<>.> 5 points
• Project Staffing(On Site and Off Site)............ ................. 5 points
• ProjectManagement.................................................................... 5 points
• QualityControl Process ................................................................. 5 points
• Technical Approach to the Project ................................................... 10 points
• *Bid Price ...............................................e................................... 45 Points
References ............................................o..,..,.....o....o..............o..... 5 points
The maximum total score possible is 100. To qualify for participation in the remainder of the
selection process, a Qualifying Respondent must receive no less than 70 points and must have a
minimum of AXV rated Bid, Payment, and performance Bond. Qualifying respondents will be
invited to participate in the final selection process. The final selection process may include the
submission of additional information and/or participation in an oral interview.
*The detailed cost breakdown is required and must include all design, and construction
components.
a) EXPERIENCE
The Evaluation Team will consider the Proponent's organization and proposed project team past
experience in undertaking similar construction projects in type, scope, budget and complexity.
b) TECHNICAL APPROACH
The Evaluation Team will consider the Proponent's Technical Approach to the project process
identifying the task and related design build approach to the new Helen Miller Center in Segal Park.
c) NOTE
Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may
consider other criteria that the team identifies as relevant during the evaluation process. The
Page 113
Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by
comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be
applied evenly and fairly to all Proposals.
d) LITIGATION
In addition to any other provision of this RFQ, the City may, in its absolute discretion, reject a
Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal is or has
been engaged directly or indirectly in a legal action against the City, its elected or appointed officers,
representatives or employees in relation to any matter.
In determining whether or not to reject a Proposal under this section,the City will consider whether the
litigation is likely to affect the Proponent's ability to work with the City, its selected bidders and
representatives and whether the City's experience with the Proponent indicates that there is a risk the
City will incur increased staff and legal costs in the administration of the Contract if it is awarded to
the Proponent.
e) ADDITIONAL INFORMATION
The Evaluation Team may, at its discretion, request clarifications or additional information from a
Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only
selected Proponents. The Evaluation Team may consider such clarifications or additional information
in evaluating a Proposal.
f) INTERVIEWS
The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the
Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will
be entitled to consider the answers received in evaluating Proposals.
4.3. NEGOTIATION OF CONTRACT AND AWARD
If the City selects a Preferred Proponent or Preferred Proponents,then it may:
(a) Enter into a Contract with the Preferred Proponent(s); or
(b) Enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and
attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful,
the City and the Preferred Proponent(s)will finalize the Contract(s); or
(c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is
not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to
Page 14
terminate discussions, in which event the City may then either open discussions with another
Proponent or terminate this RFQ and retain or obtain the Services in some other manner.
The City is under no obligation to accept any Proposal submitted. The City reserves the right in its
sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal
deemed most favorable in the interest of the City, or cancel the competition at any time without award.
Thereafter,the City may issue a new Invitation/Request, sole source or do nothing.
5. GENERAL CONDITIONS
5.1. NI CITY OBLIGATION
This RFQ is not a tender and does not commit the City in any way to select a Preferred Proponent, or
to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete
right to at any time reject all Proposals, and to terminate this RFQ process.
5.2. PROPONENTS' EXPENSES
Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and
for any meetings, negotiations or discussions with the City or its representatives and selected bidders,
relating to or arising from this RFQ. The City and its representatives, agents, selected bidders and
advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or
damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent
in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity
related to or arising out of this RFQ.
5.3. NO CONTRACT
By submitting a Proposal and participating in the process as outlined in this RFQ, Proponents
expressly agree that no contract of any kind is formed under, or arises from, this RFQ, prior to the
signing of a formal written Contract.
5.4. CONFLICT OF INTEREST
Proponents shall disclose any potential conflicts of interest and existing business relationships they
may have with the City. If requested by the City, Proponents should provide all pertinent information
regarding ownership of their company within forty-eight(48)hours of the City's request.
5.5. SOLICITATION OF COMMISSION MEMBERS
Proponents and their agents will not contact any member of the City Commission or City staff with
respect to this RFQ at any time prior to the award of a contract or the termination of this RFQ, and the
City may reject the Proposal of any Proponent that makes any such contact.
5.6. CONFIDENTIALITY
All submissions become the property of the City and will not be returned to the Proponent. The City
will hold all submissions in confidence unless otherwise required by law. Proponents should be aware
Page 115
the City is a "public body" defined by and subject to the Freedom of Information and Protection of
Privacy Act of the State of Florida.
6. COMPLIANCE WITH APPLICABLE LAWS
All work shall conform to all applicable federal, state,county, and local requirements.
7. INSURANCE REQUIREMENTS
7.1 7 1 The seleeted rvi:e providers all to indem L-an., .: d harmless the
The �:_ ;. Jet � > .. ;b���- i7. �-. ���t J +�:i {� i � liar.rile.,., i.ae �.i ty of npa°iveJia and
its officers, agents, and employees from any and all claims, causes, or actions, and damages of every
kind, for injury to or death of any person and damages to property arising out of or in connection with
the work done by the Bidder under this contract, and including acts or omissions of the City of Opa-
locka or its officers, agents, or employees in connection with said contract.
7.2 The City will require proof of professional liability insurance with errors and omissions coverage,
workers compensation insurance, general liability and automobile insurance with companies
authorized to do business in Miami Dade County,Florida, and in amounts satisfactory to the City.
7.3 The successful Bidder, within ten days after the contract award, shall furnish the City with proof of
insurance as stated in Attachment A.
7.4 The City of Opa-locka and Miami-Dade County shall be named as additional insured on the
insurance policies. Should any insurance required by this contract lapse, the Bidder shall immediately
cease any operations until authorized in writing by the City. If the lapse period extends fifteen (15)
days,the contract shall automatically terminate and the Bidder shall be in breach of this contract.
There shall be no aggregate limitation to the coverage provided under any of the insurance sections
stated.
A. Bidder's and Sub-Bidder's Insurance
The Bidder shall not be awarded work under this contract unless the insurance required under this
section has been obtained. The Bidder shall not permit any sub-bidder to commence work on a sub-
contract unless like insurance has been obtained by the sub-Bidder. The insurance required shall
contain a thirty (30) day written notice to the City of Opa-locka, c/o Project Manager, Public Works
Department, 12950 Le Jeune Rd, Opa-locka Fl 33054 of cancellation, non-renewal or material change
in coverage. The Bidder will provide a current Certificate of Insurance.
B.Worker's Disability Compensation Insurance
The Bidder shall procure and maintain during the life of this contract Worker's Disability
Compensation Insurance as required by law for all of his/her employees to be engaged in work on the
project under this contract, and in case any such work is sub-let, the Bidder shall require the sub-
Bidder similarly to provide Worker's Disability Compensation Insurance for all of the latter's
employees to be engaged in such work in the statutory amount required.
C.Bidder's Public Liability and Property Damage Insurance
The Bidder shall procure and maintain during the life of this contract, Bidder's Public Liability
Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including
Page 16
accidental death, each occurrence and Bidder's Property Damages Insurance in an amount of not less
than One Million Dollars ($1,000,000.00)for each occurrence.
D. Bidder's Motor Vehicle Bodily Injury and Property Damage Insurance
The Bidder shall procure and shall maintain during the life of this contract, Motor Vehicle Bodily
Injury Insurance (comprehensive form) in an amount of not less than One Million Dollars
($1,000,000.00) for injuries, including accidental death to each person; and in an amount of not less
than One Million Dollars ($1,000,000.00) for each occurrence, and property damage in an amount of
not less than One million Dollars ($1,000,000.00) for each occurrence. The Bidder shall procure and
maintain, during the life of this contract, Hired and Non-Ownership Motor Vehicle Bodily Injury and
Property Damage insurance in an amount of not less than One Million Dollar ($1,000,000.00) for
injuries, including accidental death, to each person; and in an amount of not less than One Million
Dollars ($1,000,000.00) for each occurrence and property damage in an amount of not less than One
Million Dollars($1,000,000.00)for each occurrence.
E. Owner's and Bidder's Protective Public Liability and Property Damage Insurance
The Bidder shall procure and maintain, during the life of this contract, Owner's and Bidder's Protective
Public Liability and Property Damage Insurance in the name of the City in an amount of not less than
One Million Dollars ($1,000,000.00) for injuries, including accidental death for each occurrence and
property damage in an amount of not less than One Million Dollars ($1,000,000.00) for each
occurrence. Such insurance shall include motor vehicle exposure.
F. City of Opa-locka and Miami-Dade County as Additional Insured
The City of Opa-locka, including elected and appointed officials, all employees and volunteers, all
boards, commissions and/or authorities and their board members, employees and volunteers, and also
Miami-Dade County shall be named specifically as an Additional Insured with respect to the
operations of the Bidder and/or sub-Bidder for the City of Opa-locka and a copy of an Endorsement to
this effect shall be supplied for each policy involved.
8. AGREEMENT/EXCEPTIONS
8.1 Submission of a proposal indicates the bidder agrees to the terms, conditions and other provisions
contained in the RFQ, unless the Bidder clearly and specifically presents in its proposal any
exceptions to the terms, conditions, and other provisions contained in the RFQ.
8.2 Exceptions presented in a proposal are not to be considered incorporated into the contract between
the City of Opa-locka and the selected Bidder unless and until the City and Miami-Dade County agree
to accept such exceptions.
8.3 The selected Bidder must acknowledge and agree that the contract resulting from this RFQ
includes the terms, conditions, and other provisions contained in the RFQ, the proposal selected
including any exceptions acceptable to the City of Opa-locka and Miami-Dade County and is not in
conflict or contravention of the RFQ, and any other documents mutually agreed upon by the City and
selected Bidder.
8.4 No oral statements or any person shall modify or otherwise change or affect the terms, conditions,
Page 17
or specifications stated in the RFQ or the resulting contract.
8.5 A formal contract will be negotiated after the selection of a Bidder for the services identified in the
scope of services by the City of Opa-locka.
8.6 The Bidder shall not assign the contract or any part thereof to any other person unless such
assignment is first approved in writing by the City of Opa-locka, it being understood that the contract
shall not be assignable unless the proposed assignee is acceptable to the municipality. The request for
assignment must include evidence that the proposed assignee qualifies under all requirements of the
contract and must be addressed as defined in the contract for services.
8.7 A provision to the effect that the municipality, shall have access to any books, documents, papers
and records of the Bidder which are directly pertinent to that specific Bidder, for the purpose of
making audit, examination, excerpts and transcriptions. The City of Opa-locka shall require Bidders to
maintain all required records for five (5) years after the City of Opa-locka makes final payments and
all other pending matters are closed.
9. BONDING REQUIREMENTS
The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the
total amount of the base Bid on the Bid Bond Form included herein. A company or personal
check shall not be deemed a valid Bid Security.
The City of Opa-locka shall require the successful PROPONENT 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 oblige, 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.
Page 1 18
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RFQ NO: 12-140519919
PROPOSER QUALIFICATIONS
The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Selected bidder's
Occupational License in the area of their fixed business location. The following information MI JS i be
completed and submitted with the proposal to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation() Partnership() Individual()
3. If Corporation, state:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such
authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: years
7. The length of time (continuous)in business as a service organization in Florida:
years
8. Provide a list of at least five commercial or government references that the bidder has supplied
service/commodities meeting the requirements of the City of Opa-locka specification, during
the last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the proposers will be analyzed by the City of
Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to
insure that the Selected bidders, in the sole opinion of the City of Opa-locka, can sufficiently and
Page 1 19
efficiently perform all the required services in a timely and satisfactory manner as will be required by
the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent
requirement shall apply.
Page 20
O�*.LOCL.,.___.3,;..,A
\9
L 0
CITY OF OPA-LOCKA
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY
r,. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its
Principals:
A, Are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency.
Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract
or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, or receiving stolen property; and
C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision.
2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts
terminated for default by any City, State or Federal agency.
A. "Principals," for the purposes of this certification, means officers; directors; owners;
partners; and, persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States
and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker
Subject to Prosecution Under Section 1001,Title 18, United States Code.
B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any
time prior to contract award, the Proposer learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
C. A certification that any of the items in paragraph (a) of this provision exists will not
necessarily result in withholding of an award under this solicitation. However,the certification
will be considered in connection with a determination of the Proposer's responsibility. Failure
of the Proposer to furnish a certification or provide such additional information as requested
by the Contracting Officer may render the Proposer non-responsive.
Page 121
D. Nothing contained in the foregoing shall be construed to require establishment of a system
of records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of a Proposer is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
E. The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Proposer
knowingly rendered an erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from this
solicitation for default.
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS
SELECTED BIDDER COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
Signature
Printed Name
Page 122
(C''old c ,i pP
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RFQ NO: 11-XXXXXXX
PRICE PROPOSAL FOR kii
PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and
install all of the Work complete in place. Contractor's price will not be adjusted unless the
CITY changes the scope of the Project after the Contract Date.
As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence
and services necessary to provide a complete,in place Project for the Proposed Price of:
LUMP SUM PRICE: $ Dollars
and Cents
Attach the detailed cost estimate (including itemized cost with unit
price) in support of the lump sum price.
1. The ENTIRE WORK shall be completed, in full, within ........... calendar days
from the date stipulated in the NOTICE TO PROCEED.
Failure to complete the entire work during the described time period shall
result in the assessment of liquidated damages as indicated in 18.23.
2. Communications concerning this Bid shall be addressed to:
PROPONENT:
Address:
Telephone:
Facsimile:
Attention:
Page 123
3. The terms used in this RFQ which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
SUBMITTED
THIS DAY OF 2012.
BID SIJRMITTED RY.
Company Telephone Number
Name of Person Authorized to Submit Fax Number
Bid
Signature Email Address
Title
Page 24
pP p'io Cj,q
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RFQ NO: 11-XXXXXXX
iO4) rr�rrllii)
PROJECT NAME:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
KNOW ALL MEN BY THESE PRESENTS,that we,
, as Principal,and
, as Surety,are held and firmly bound unto the City of
Opa-locka, a municipal corporation of the State of Florida in the sum of
Dollars ($ ),
lawful money of the United States,for the payment of which sum well and truly to be
made,we bind ourselves,our heirs,executors,administrators and successors jointly
and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has
submitted the accompanying Bid, dated , 2012
for the Project.
WHEREAS, it was a condition precedent to the submission of said Bid that a Bid Bond in
the amount of five percent (5%) of the Base Bid be submitted with said Bid as a
guarantee that the PROPONENT would, if awarded the Contract, enter into a written
Contract with the City for the performance of said Contract, within ten (10) consecutive
calendar days after written Notice of Award.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within
ten (10) consecutive calendar days after written Notice of Award, enters into a written
Contract with the City of Opa-locka and furnishes the Performance and Payment
Bonds, satisfactory to the City, each in an amount equal to one hundred percent(100%) of
the Contract Price, and provides all required Certificates of Insurance, then this
obligation shall be void; otherwise the sum herein stated shall be due and payable to
the City of Opa-locka and the Surety herein agrees to pay said sum immediately, upon
Page 125
demand of the City, in good and lawful money of the United States of America, as
liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under
their several seals this day of , 2012, the name and the
corporate seal of each corporate party being hereto affixed and these presents being
duly signed by its undersigned representative.
iiv rxnJ!INCE ur:
(Seal)
(Individual or Partnership Principal)
(Business
Address)
(City/State/Z
ip)
(Business
Phone)
ATTEST:
Secretary (Corporate Surety)*
By:
Page 126
*Impress Corporate Surety Seal
IMPORTANTSurety companies executing bonds must appear on the Treasury
Department's most current list (circular 570 as amended) and be
authorized to transact business in the State of Florida.
Page I 27
O�p.LO QKa ,
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CITY OF OPA-LOCKA
DRUG-FREE WORKPLACE CERTIFICATION FORA/
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received
by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received
from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the
aw,rte jr,ce._. In order to have a drug-free ii_k pl
aCc program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession
or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken
against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a
drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and
the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in number(1).
4. In the statement specified in number (1), notify the employees that as a condition for working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation
of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular
state, for a violation occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section
287.087,Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087,Florida Statutes,which are identified in numbers(1)through(6)above.
Date Signature
Page I 28
- CITY OF OPA-LOC;KA
po..tark4.t,
o e ►
flOi1-C<H II Usum AFFlDAVII
. . °,
.
STAT E OF H OR0 DA- COUNTY OF 111 IAMI DADS
being 1Irsl (Iuly swum, deposes rid says that:
(1) He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent)of
the PROPONENT that has submitted the
attached proposal;
(2) He/She/They is/are fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said PROPONENT nor any of its officers, partners, owners,agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other PROPONENT, firm, or person to
submit a collusive or sham Proposal in connection with the Work for which the attached
Proposal has been submitted; or to refrain from Proposing in connection with such Work; or
have in any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any PROPONENT, firm, or person to fix any overhead,
profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead,
profit, or cost elements of the Proposed Price or the Proposed Price of any other
PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against(Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the
PROPONENT or any other of its agents, representatives, owners, employees or parties of
interest, including this affiant.
Signed, sealed and delivered in the presence of:
By:
Witness Signature
Witness Print Name and Title
Date
Page I 29
miAmi-DADE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
ATTACHMENT A
TO BID PACKAGE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
AND FEDERAL LABOR REQUIREMENTS DOCUMENTS
Project Name: jielen Miller Center
Project Address: Segal Park. Oa-locka,Florida 33054
ATTACHMENT A
Ta He 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 FL120027 4 07/06/2012 FL27
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 PHCD
APONaientominginsmaninna
Page 2
��®TICE TO BI®®ERS/PROSPECTIVE CONTRACT®Rj
NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR(S)
This project, will be federally funded, in part or whole through the Miami-Dade County Public Housing
and Community Development with COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) funds i
from the U.S. Department of Housing and Urban Development (HUD) 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 Ant; the Contract Work Hours and Safety Standards Act and all other applicable fe deral, state
•
and local laws, regulations, and ordinances.
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 PHCD
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 "k".
1. Prime Bidder:
�. Plillle Cidder N:.�'.tdress:
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:
9. 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 BIDDERS CONSTRUCTION EXPERIENCE
Miami-Dade County PHCD
Page 4
L
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 PHCD
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 Contruction of Helen Miller Center in the City of Opa-locka.
(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 FL120027 4 07/06/2012
fl.27 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 ELI 20027 407/06/2012 FL27 for this project.
Agency Name: Employer ID #/FID #:
Full Address (including City, ST and Zip & Telephone Number)
Authorized Signature:
Print Name: Title:
Check one, as applicable:
Contractoi
Subcontractor
Other
Page 6
General Decision Number: FL120027 07/06/2012 FL27
Superseded General Decision Number: FL20100126
State: Florida
Construction Type: Building
County: Miami-Dade County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments 120 to and including 4 stories) .
Modification Number Publication Date
0 01/06/2012
1 01/20/2012
2 02/03/2012
3 02/17/2012
4 07/06/2012
CARP0079-001 04/01/2009
Rates Fringes
CARPENTER (Form Work Only) $ 22.20 6.67
ELEC0349-001 09/05/2011
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls
Electrical contracts
including mateials that
are over $2,000,000 $ 30.11 8.96
Electrical contracts
including materials that
are under $2,000,000 $ 27.15 8.64
ELEV0071-001 01/01/2012
Rates Fringes
ELEVATOR MECHANIC $ 38.84 23.535+a
FOOTNOTE:
A: Employer contributes 8% basic hourly rate for 5 years or
more of service or 6%basic hourly rate for 6 months to 5
years of service as Vacation Pay Credit; Paid Holidays:
New Year's Day; Memorial Day; Independence Day;
Thanksgiving Day; Christmas Day, plus the Friday after
Thanksgiving.
ENG10487.-001 01/01/2010
Rates Fringes
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Page 2 of 6
OPERATOR: Backhoe/Excavator $ 21.00 8.75
OPERATOR: Concrete Pump,
Truck Mounted
Trailer Mounted $ 20.44 8.75
Truck Mounted $ 26.21 8.75
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity; Boom Truck $ 28.05 8.75
Yard Crane, Hydraulic
Crane, Cpacity 15 Ton and
Under; Boom Truck $ 21.00 8.75
OPERATOR: Mechanic 5 21.00 8.75
OPERATOR: Oiler $ 20.00 8.75
IRON0272-003 10/01/2011
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL $ 23.94 5.93
PAIN0365-003 08/01/2010
Rates Fringes
PAINTER: Roller, Spray, and
Steel (Excludes Drywall
•
Finishing/Taping) $ 16.00 6.20
* SFFL0821-001 07/01/2012
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 27.93 16.44
SHEE0032-003 01/01/2009
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) $ 24.42 11.36
* SUFL2009-023 05/22/2009
Rates Fringes
BRICKLAYER $ 18.93 0.00
CARPENTER, Includes
Acoustical Ceiling
Installation (Excludes
Drywall Hanging, and Form
Work) $ 15.54 0.00
CEMENT MASON/CONCRETE FINISHER $ 11.13 0.00
DRYWALL HANGER $ 14.00 0.57
FENCE ERECTOR $ 10.00 0.00
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. .
Page 3 of 6
FLOOR LAYER: Carpet $ 19.00 2.10
GLAZIER $ 16.89 2.69
HVAC MECHANIC (HVAC Pipe
Installation) $ 16.19 2.48
HVAC MECHANIC (HVAC System
Installation Only) $ 17.91 2.64
INSTALLER - OVERHEAD DOOR $ 14.40 0.00
LABORER: 21. ohRli-• Raker 10.40 0.00
LABORER: Asphalt Shoveler $ 7.88 0.00
LABORER: Common or General $ .9.85 0.00
• LABORER: Concrete Saw (Hand
Held/Walk Behind) $ 12.63 0.00
LABORER: Mason Tender - Brick $ 10.75 0-00
•
LABORER: Mason Tender -
Cement/Concrete $ 12.83 1.90
LABORER: Pipelayer . $ 13.87 1.58
LABORER: Roof Tearoff .$ 8.44 0.00
LABORER: Landscape and
Irrigation $ 10.00 1.60
MECHANICAL INSULATOR,
Including Duct and Pipe $ 13.98 2.07
OPERATOR: Asphalt Spreader $ 11.41 0.00
OPERATOR: Bulldozer $ 16.21 0.00
OPERATOR: Distributor $ 12.3.7 0.00
OPERATOR: Forklift 14.00 0.00
OPERATOR: Grader/Blade $ 13.73 0.00
OPERATOR: Loader $ 16.00 2.82
OPERATOR: Paver 12.75 0.0.0
OPERATOR: Roller $ 10.94 0.00
OPERATOR: Screed $ 13.05 0.00
OPERATOR: Tractor $ 9.91 0.00
OPERATOR: Trencher $ 11.75 0.00
PAINTER: Brush, Includes
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•
Page 4 of 6
Drywall Finishing/Taping $ 13.72 2.22
PIPEFITTER, Excludes HVAC
Pipe Installation $ 17.85
PLASTERER $ 15.05 0.00
PLUMBER, Excludes HVAC Pipe
Installation $ 20.00 1.37
ROOFER, Includes Built Up,
Hot T.ar Modified
R itum e
• r
Shake & Si ii gle, Single ply,
Slate, & Tile Roofs (Excludes
Installation of Metal Roofs) $ 13.59 0.00
ROOFER: Metal Roof $ 17.10 0.00
SHEET METAL WORKER, Excludes
EVAC Duct Installation $ 15.62 2:03
TILE SETTER $ 16.50 2.10
TRUCK DRIVER: Dump Truck $ 10.00 0.00
TRUCK DRIVER: Lowboy Truck $ 13.78 0.00
TRUCK DRIVER: 3 Axle Truck $ 10.50 0.80
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
• (29CFR 5.5 (a) (1) (ii)) .
•
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "Su" denotes that the Union
• classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The
first four letters , PLUM, indicate the international union and
the four-digit number, 0198, that follows indicates the local
http://wdol,gov/wdol/scafiles/davisbacon/FL27.dvbh=4 11/26/2012
Page 5 of 6
union number or district council number where applicable ,
i.e., Plumbers Local 0198: The next number, 005 in the
example, is an internal number used in processing the wage
determination. The date, 07/01/2011, following these
characters is the effective date of the most current
negotiated rate/collective bargaining agreement which would be
July 1, 2011 in the above example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rate.
Non-Union Identifiers
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union rates, LA
indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
• Survey wage rates will remain in effect and will not change
until a new survey is conducted.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
•
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
• for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
• Branch of Construction Wage Determinations
Wage and Hour Division
U.B. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
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Page 6 of 6
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 pocii-i' and
by any information d (Wa3a pay .ent 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://wdol.gov/wdolfscafiles/davisbacon/FL27.dvb?v=4
11/26/2012
Federal L.bor Standards Pr'visions 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
p y (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 d byr r
pe
r�s are e- � ciassifiratipn 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
(c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less oftent to be employed in the classification or their
han quarterly) under plans, funds, or programs, which c
representatives, and HUD or its designee do not agree ont
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
classification 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(
1321) shall be posted at all times by the contractor and its 1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
subcontractors at the site of the work in a prominent and contract from the first day on which work is performed in
accessible, place where it can be easily seen by the
workers. the classification.
(ii) (a) Any class of laborers or mechanics which is not! (iii) Whenever the minimum wage rate prescribed in the
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
approve an additional classification and wage rate andf wage determination or shall pay another bona fide fringe
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-
Bacon Act have been met. The Secretary of Labor may approved programs shall maintain written evidence of ther
require the contractor to set aside in a separate account ai ieerat on ams,pthetl registrati
on nrof the apprentices re dtr
assets for the meeting of obligations under the plan or programs, g prescribed the
p ainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs.
Budget under OMB Control Number 1215-0140.) (Aun by the Office of
) Management and Budget under OMB Control trol Nufce mbers
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 week;
FprP^Fntati ve of the Department
of Labor withhold orc n which any contract work f-__
apse to be withheld from the contractor under this c any contract is performed a copy of a![
ontract or any other Federal contract with the same prime c payrolls to HUD or its designee if the agency is a party to
ontractor, or any other Federally-assisted contracts contractor will submit the payrolls is list such o ta he pappli a
the
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 part of the wages required by the contract, HUD or its nformationurimay ubeesubm t edfenulrany form desired.payroll
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be hOptional germ and Hour avaiDivisionr thWeburpsitefroat
necessary to cause the suspension of any further htt.//www.dol..ov/esa/whd/forms/wh347lnstr.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
withheld for and on account of the contractor or social acsecurity d number subcontractors ndcurrentl address n ofheeach full
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 disbursements in the case of direct Davis-Bacon Act contract, its
butdeif lgtheeagence is not such party party, the
contracts. agency party, the
3. (i) Payrolls and basic records. Payrolls and basic ntractor,contractor will submit the payrolls to the applicant
records relating thereto shall be maintained by the or owner, as the case may be, for transmission to
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 submissi nt
of contributions or costs anticipated for bona fide fringe o HUD or its designee. A
benefits or cash equivalents thereof of the types
Management and Budget under OMB Cont of Office Number
ypes describedi 9
n Section I(b)(2)(B) of the Davis-bacon Act), daily andw 1215-0149.)
eekly number of hours worked, deductions made andac
tual wages paid. Whenever the Secretary of Labor hasf (b) Each payroll submitted shall be accompanied by a
y "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-
Bacon Act, the contractor shall maintain records which (1) That the payroll for the payroll period contains thei
show that the commitment to provide such benefits is nformation required to be provided under 29 CFR 5.5
enforceable, that the plan or program is financially a)(3)(ii), the appropriate information is being maintained
responsible, and that the plan or under 29 CFR 5.5(a)(3)(i), and that such information is
p program has been correct and complete;
Previous editions are obsolete
Page 2 of 5 (on-r- HUD 4010(0612009)
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 determinations expressed in percentages of the journeyman's hourly
ncorporated into the contract. ate) specified in the contractor's or subcontractor's r
eoistereci nrnnram shall he nh¢aruarV Ev..ry apprentice
(c) The weekly submission of a properly executed ` Lpp,Vn4,�
certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified in ther
WH-347 shall satisfy the requirement for submission of the" egistered program for the apprentice's level of progress,e
Statement of Compliance" required by subparagraphA xpressed as a percentage of the journeymen hourly rate s
.3.(ii)(b).
pecified in the applicable wage determination.A
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
Apprentices. Apprentices ormal certification by the U.S. Department of Labor,
rentices.
(i) pp pprentices will be permitted to work atl Employment and Training Administration. The ratio oft
ess than the predetermined rate for the work they
performed when they are employed pursuant to ands 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,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
an apprenticeship program, who is not individuallyr
egistered in the program, but who has been certified byt does not mention fringe benefits, trainees shall be paid
he Office of Apprenticeship Training, Employer and Labors the full amount of fringe benefits listed on the wage
ervices or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides fort
not be greater than the ratio permitted to the contractor ast ess than full fringe benefits for apprentices. Any
o the entire work force under the registered program. Anyw employee listed on the payroll at a trainee rate who is notr
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,
any trainee performing work on the job site in excess oft (ii) No part of this contract shall be subcontracted to any
he ratio permitted under the registered person or firm ineligible for award of a Government
9 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
event the Employment and Training Administration participate in HUD programs pursuant to 24 CFR Part 24.
withdraws approval of a training program, the contractor (iii) The penalty for making false statements is prescribedi
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
(iii) Fm�al employment... The "Whoever. for the purpose of influencing employment opportunity. i he utilization of purpose makes, in any
way t17�°. action of such Administration nYakeS, UIfeYS Of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment publishes any statement knowing the same to be false
opportunity requirements of Executive Order 11246, as more he fined nar more than $5,000 or imprisoned not
m
amended, and 29 CFR Part 30. more than two years, or both."
5. Compliance with Copeland Act requirements. The 11. Complaints, Proceedings, or Testimony by
contractor shall comply with the requirements of 29 CFR Employees. No laborer or mechanic to whom the wage,
Part 3 which are incorporated by reference in this contract salary, or other labor standards provisions of this Contract
6. Subcontracts. The contractor or subcontractor will are applicable shall be discharged or in any other manner
discriminated in any subcontracts the clauses contained in scriminnaatted ed against by the Contractor her or any
subparagraphs 1 through 11 in this paragraph A and such subcontractor because such employee has filed any
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
subcontracts. The prime contractor shall be responsible B. Contract Work Hours and Safety Standards Act. The
for the compliance prime
any subcontractor or lower tier provisions of this paragraph B are applicable where the amount of the
subcontractor with all the contract subcontractor
in this prime contract exceeds $100,000. As used in this paragraph, the
paragraph. terms"laborers"and"mechanics"include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds fort contracting for any part of the contract work which may require or
contratton clauses
the contract n 29
and for debarment bt as a fort involve the employment of laborers or mechanics shall require or
ermination
and a subcontractor for
as provided a mnt in 29 CFR permit any such laborer or mechanic in any workweek in which the
5.12. individual is employed on such work to work in excess of 40 hours in
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 rulings 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 ins
ubparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall i
nsert in any subcontracts the clauses set forth ins
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 Slat 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 PHCD
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
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
owned, non-owned and hired vehicles used A. Construction and Major
in connection with the work, in an amount not Rehabilitation
less than$500,000 combined single limit per B. Emergency Shelter, Housing and
occurrence for bodily injury and property Minor Rehab,Acquisition of Land&
damage. Commercial Revitalization
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 1
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 PHCD
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 Ma icgerl ei• Division.IUII.
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
fi-INSURANCE REQUIREMENTS
Miami-Dade County PHCD
PROVISIONS TO BE INCORPORATED IN CONSTi"UCTION
CONTRACTS
A. "DAVIS-BACON"ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant progra m 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# FIL120027 4 07/06/2012— FL27for 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.
Page 1 of3 Initials
Page 9
WINOMAINIMIMM
7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miami-Dade County PHCD
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
incurincurred by the Contractor prior to notice of termination. The Principal l Co + to in.
red_ _ ... to _ e �iii�tpal � ViRratl'J I:`J`JYI Iel
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 o
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
1
Page 10
7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS
Miami-Dade County PHCD
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 PHCD
NONCOLLUSION AFFIDAVIT
STATE OF:
COUNTY OF:
9 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:
mamma
Page 12
8-NONCOLLUSION AFFI DAVIT
Miami-Dade County PHCD
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.
Print:
Title:
Date:
Business Address:
Page 13
9-CERTIFICATION REGARDING LOBBYING
Miami-Dade County PHCD
AFFIRMATIVE ACTION STANDARDS
Contracts covered by th'e 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
dasammommommeemmb
Page 14
•
10-AFFIRMATIVE ACTION STANDARDS
Miami-Dade County PHCD
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 PHCD
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 PHCD
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 4
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
dimussomelemsnimb
Page 17
10-AFFIRMATIVE ACTION STANDARDS
Miami-Dade County PHCD
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 r
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 PHCD
CERTIFICATION OF COMPLIANCE W8TH 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 h - has ( ) has not ( ), filed with �i
- - e ( `� ( a �vith 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 tam
Miami-Dade County PHCD
OTHER RE( UIRED 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 PHCD
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 nr employee of Congress, or an emplore r
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
AMPIIIIIIMISMEMENnmignmeammenallk
Page 21
Miami-Dade County PHCD
H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED
mon-discriminghat on the Bassi of juta
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 PHCD
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.Th.e 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 PHCD
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 PHCD
Page 24
A S :3 SEC) CS .°■L C e '1,13 ■ ! 'C a' 68
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 _-
�
connection with the �-, ,.,�.t area and contracts for work in
connection with the project be awarded to business concerns which are located in or owned e
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 PHCD
Page 25
SECTION 3 REQUIREMENTS
L ASSURANCE STATEMENT
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall
sign the attached Section 3 Assurance of Compliance.
II. AEEIRMATIVE ACTIQN_PL AN OR„UTILIZA1TION 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 PI-ICD
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.
i pp, a iw, �,vipiCi iiv ;AA!! � Ic to ,u v, I ii TOL L , Viause al ill
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 PHCD
aliggalownanto
Page 27
agcmitiuhau
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 part1es to thins nt. ct
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 PHCD
dliffilaggiErmatismomminmomb
Page 28
.BIDDER' S IPIITIAL SEC L ^. .Co
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.
. these new employees the Bidder plans to hire at least percent(%)from the Section
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)
(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
17-BIDDER'S INITIAL SECTION 3 GOALS
Miami-Dade County PHCD
. ...:. _,,.�.
Page 29
CERTIFICATION REGARDING
DEI ARMENT, 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 PHCD
Page 30
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
jUOinev.�'.i decRlii _
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,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED
TRANSACTIONS
Miami-Dade County PHCD
Minagnmatergualansmemsamm
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 PHCD
ANO■LomminswmmillE11.1
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 PHCD
Page 33
EQUAL OPPORTUNITY
FOR SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA
1) The contractor will not discriminate against any employee or applicant for employment because
he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which
the employee or applicant for employment is qualified. The contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified individuals
without discrimination based on their status as a special disabled veteran or veteran of the
Vietnam era in all employment practices, including the following:
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 PHCD
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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. a
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.
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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 Contracto r notify each u niQi or representative vV vrCe 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:
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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 withno t discrimination based c their physical t_i
--_- based v�� tiiGi! la1!l�J14.R! or !l151lldl
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).
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21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
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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 sake 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,
h _a:__ vith _ ,,.,_ subcontract or purchase order as the Deputy
such i G'v : i .-:Li iCu�iCC:i to any
Assistance Secretary for Federal Contract Compliance Programs may direct to enforce
such provisions, including action for non-compliance
.y.
Print:
Title:
ate:
Business Address:
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21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
Miami-Dade County PHCD
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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause"
and the "Standard Federal Equal Employment Opportunity Construction
Contract Specifications" set forth herein.
.
2. The goals and timetables for minority and female participation, expressed in
percentage terms for the Contractor's aggregate workforce in all trades on all
construction work in the covered area, are as follows:
A. GOALS FOR MINORITY UTILIZATION, All Trades:
T rades:
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.
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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 + Contractor's goals shall be violation of t�
- -� purpose of Lt:..y the �;c,ii; rar.::.:; v gvai vi IGi ive a violation iivi i Vi 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.
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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 o
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 o
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 o
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 Labo
issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase
order as HUD many direct as a means of enforcing such provisions including
sanctions for noncompliance; provided, however, that in the event the
Contractor becomes involved in or is threatened with litigation with a
subcontractor or vendor as a result of such direction by HUD, the Contractor
may request the United States to enter into such litigation to protect the United
States.
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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE
ORDER 11246)
1.As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation
from which this contract resulted.
b. "Director" means Director, Office of Federal Contract CVmp IIan Ie!
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.
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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.ployees. 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:
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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.
h. 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.
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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.
:_�_�i.
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.
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I. 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.
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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).
1 n The shall the timetables tive action
i`v. i r'ic v�����ac�or Shaii not use ii"ie goals and timetables or affirmative actiur I
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 o
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.
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15. Nothing herein provided shall be construed as a limitation upon the application
of other laws that establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
these under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract, loan, insurance, or
guarantee the fnilowing 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 PHCD
Ainalimamimigh
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 nr.corrInnce 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 PHCD
Page 50
CERTIFICATION OF NONSEGREGATED FACILITIES
1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas,
rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker
rooms and other storage or dressing areas, parking lots, drinking fountains, recreation
or entertainment areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on the basis of race,
color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of an offer, the bidder certifies that it does not and will not maintain
or provide for its employees any segregated facilities at any of its establishment, and
thatthat it does not and will not permit its employees yeepC rl perform their services icen f
� i�� � I IvL p.,1 mll. ItJ VIIIpIVgGGJ tV t.,Gl lZ'il 111 111Gt1 J�I V1V�,-rJ al 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: _ .. m__..
Print:
Title:
Date:
Business Address:
24-CERTIFICATION OF NONSEGREGATED FACILITIES
Miami-Dade County PHCD
Page 51
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREENT FOR.
M
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 10 U.S.C. 1001
By:
Print:
Title:
Date: I
Business Address:
25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES
Miami-Dade County PHCD
Page 52
NOTICE OF REQUIREMENT
CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738
AND EPA REGULATIONS PROVISIO'�
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 PHCD
Page 53
CERTIFICATION OF COMPLIANCE
WITH FEDERAL REGULATIONS
The bidder certifies that he/she will comply with all applicable standards, orders or
regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 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 PHCD
Page 54
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
1 The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(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 PHCD
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 PHCD
Page 56
b) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership
by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 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 f inited4
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 PHCD
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 PHCD
Page 58