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Home My Public Portal About13-8567 D. Stephenson Construction, Inc Sponsored by: City Manager RESOLUTION NO. 13-8567 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH D. STEPHENSON CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED TWO MILLION THREE HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED NINETY THREE DOLLARS ($2,321,793.00) FOR THE DESIGN BUILD SERVICES FOR HELEN MILLER CENTER AT SEGAL PARK, PAYABLE FROM ACCOUNT NUMBER 44-541802, WHICH IS A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution No. 13-8519, the City of Opa-locka ("City") issued RFQ No. 13-1803100, for Design Build for the construction of the Helen Miller Center; and WHEREAS, the City received proposals from three (3) bidders for the Project; and WHEREAS, D. Stephenson Construction, Inc., was the highest scored, and most responsive and responsible bidder; and WHEREAS, the project is budgeted, and federally funded through the Miami- Dade County Public Housing and Community Development with Community Development Block Grant(CDBG), and must be completed by October 31, 2013; and WHEREAS, D. Stephenson Construction, Inc., is committed to complete the project by October 31, 2013 to meet the deadline; and WHEREAS, the City Commission desires to authorize the City Manager to execute an agreement with D. Stephenson Construction, Inc., in an amount not to exceed $2, 321,793.00. Resolution No. 13-8567 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to negotiate and execute an agreement with D. Stephenson Construction, Inc., for the design build services for the Helen Miller Center at Segal Park, in an amount not to exceed $2, 321,793.00, which is a budgeted item, payable from Account Number 44- 541802. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of March, 2013. / P ' • TA/ OR MAYOR • ttest to: i 4 ' -LO/V---3 Ji a Flores y Clerk Approved a to form and legal sufficiency: 1 1 1 I iii ° % .h /_. Jo ' . Geller •. � EE SPOON MARDER PA ty At orney Moved by: COMMISSIONER S •.NTIAGO Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 oPI,Lob O \<O > \9 F Q • 'yl • 9 City of opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: 03/27/2013 X (EnterXin box) Fiscal in Impact: Ordinance Reading: 1st Reading 2nd Reading ( box) Yes No) (Enter X in box) x Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (EnterXin box) x Account#44-541802 RFP to be advertized for design build ITEM BUDGETED:YES services Contract/P.O. Required: Yes No RFP/RFQ/Bi#: (EnterXin box) RFQ#:13-1803100 Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) X Enhance Organizational 0 Bus.&Economic Dev Is required to receive design build Public Safety se services for the Helen Miller Quality of Education U Center at Segal Park. Qual.of Life&City Image Lem Communcation 0 Sponsor Name Department: City Manager City Manager Short Title: Agreement with D. Stephenson Construction, Inc.for the Design Build Services for the Helen Miller Center at Segal Park Staff Summary: The City of Opa-locka requested and received proposals from three (3) bidders for the Design Build Services for the construction of the Helen Miller Center at Segal Park. D. Stephenson Construction, Inc. is the highest scored and most responsive bidder based on project schedule, technical approach to the project, letter of interest, similar experience,value engineering, project staffing, project management, quality control, and other evaluation criteria as outlined in the RFQ. Proposed Action: Staff recommends awarding the Helen Miller Center at Segal Park project to D. Stephenson Construction, Inc. for the best interest of the City. Attachment: 1. Agenda 2. Evaluation Summary Sheet 3. Panel Member's evaluation sheet 4. Copy of Resolution# 13-8519 5. Draft Contract Agreement Off,P'LOCq.4, wMEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Joseph L.Kelle, Commissioner Tim o thy Hot, ? Commissioner Dor i thy J s . on Commissioner Luis :. S. ti Lo FROM: Kelvin L. Baker,City Mana • / `"--- DATE: March 20,2013 RE: Agreement with D. Stephenson Construction, Inc. for the Design Build Services for the Helen Miller Center at Segal Park REQUEST: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH D. STEPHENSON CONSTRUCTION, INC. IN THE AMOUNT NOT TO EXCEED TWO MILLION THREE HUNDRED TWENTY ONE THOUSAND SEVEN HUNDRED NINETY THREE DOLLARS ($2,321,793.00)FOR THE DESIGN BUILD SERVICES FOR HELEN MILLER CENTER AT SEGAL PARK.THIS ITEM IS BUDGETED. DESCRIPTION: The City of Opa-locka requested and received proposals from three(3) bidders for the Design Build Services for the construction of the Helen Miller Center at Segal Park. D. Stephenson Construction, Inc. is the highest scored and most responsive bidder based on project schedule, technical approach to the project, letter of interest, similar experience, value engineering, project staffing, project management,quality control, and other evaluation criteria as outlined in the RFQ. 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). IMPLEMENTATION TIMELINE: Must be completed by October 31, 2013 otherwise PHCD may recapture the fund. LEGISLATIVE HISTORY: Resolution# 13-8519 RECOMMENDATION(S): Staff recommends approval in order to complete the construction of the two- story Helen Miller Center with Moorish Style. The following is the bid comparison table: Bidder Bid Price Total Score Rank D. Stephenson Construction, Inc. $2,321,793.00 438 1st West Construction, Inc. $2,082,509.50 410 2nd Link Construction Group, LLC. $2,596,215.00 374 3rd D. Stephenson Construction, Inc. is committed to complete the project by October 31, 2013 to meet our deadline with Miami-Dade PHCD. West construction, Inc. can also meet the deadline but scored 2nd per evaluation criteria as outlined in the RFQ. Based on the project schedule included in the bid package Link Construction Group, LLC will complete the project by November 25, 2013, which does not meet the project deadline as mandatory per CDBG grant. Staff recommends awarding the Helen Miller Center at Segal Park project to D. Stephenson Construction,Inc. is for the best interest of the City. 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: 1. Evaluation Summary Sheet 2. Panel Member's evaluation sheet 3. Copy of Resolution# 13-8519 4. Draft Contract Agreement PREPARED BY: Mohammad Nasir,PE, City Engineer/CIP Director END OF MEMORANDUM Kathy Phillips.__ From: Kathy Phillips Sent: Thursday, March 21, 2013 10:43 AM To: Joseph Geller(External) Cc: 'Francine Williams' Subject: FW: Re: Agenda Item for 03.27.13 Commission Agenda, CMO: Helen Miller Center at Segal Park Attachments: Helen Miller Center at Segal Park-Agreement.doc; Agenda Cover-Helen Miller Center.doc; Resolution# 13-8519.pdf; summary tab- helen miller.pdf; Agenda-Helen Miller Center.doc Importance: High FOR MARCH 27, 2013 COMMISSION REGULAR AGENDA Mr. Geller: The attached submission is time sensitive; therefore prepare agenda item for the 03/27/13 regular Commission agenda. Contact Mr. Baker if you have any questions. Thank you, Kathy Office of the CM Original Message From: Mohammad Nasir Sent: Wednesday, March 20, 2013 6:24 PM To: Kathy Phillips Cc: Kelvin L. Baker; David Chiverton; City_Manager; Charmaine Parchment Subject: Agenda -Helen Miller Center at Segal Park Please see the attached agenda for Helen Miller Center for commission approval. Thanks, hohammad Nasir, P.E. City Engineer/CIP Director City Of Opa-Locka 780 Fisherman Street, 4th Floor Spa-locka, Fl 33054 Tel : (305) 953-2868 Ex-1212 : (786)-382-7917 (Cell) 1 CITY OF OPA LOCKA RFC-13-1803100 DESIGN BUILD HELEN MILLER CENTER 111111111111111111111MIZEMI D STEPHENSON PRICE max 45pts MIN 11111311111111111111111111111411111111113 44 45 Howard 36 40 45 Mohammad 36 40 45 Charmaine 36 40 45 David 36 40 45 TOTAL 187 204 IIIIIIIIIIIIII SCHEDULE max 10 pts 0 10 1.1111111EMIM 7 Howard 0 8 10 Mohammad 0 9 10 NIEEMEMIMIN 0 8 10 David 0 9 10 TOTAL 10 41 47 TECH APPROACH max 10 pts Esin 10 g 6 Howard 10 10 1111111111.111111 Mohammad 9 9 IIIIIIIIIIIIBMIIII '111131 9 10 8 David 8 10 TOTAL 46 47 29 LETTER OF INTEREST max 5 pts Esin ■� � Howard � 5 IIIIIIIEMIIIIIII Mohammad 4 5 Charmaine 5 5 David 4 4 .111111 TOTAL 24 20 SIMILAR EXPERIENCE max pts 5 Esin Howard Mohammad IIIIIIIIOIIIIIIIIMIIIIIIIIIIEIIIIIIMIMMIIIIIIOIIIIIIIIIII MEEEMMIIIIIIIMIIIIIIIIUIIIIIIIIIIIIIIIIIIIMEIIIIIIIIIIIIIIIIMIIIIIIMIIIIIM David . TOTAL VALUE ENGINEERING max 5 pts Esin 1111111=1.111111 4 0 Howard 5 OIIIIIIIIBIIIIIIIIIIII 0 Mohammad 3 11.1111111111111111111.11 2 Charmaine 4 2 David 4 3 TOTAL 24 _ 7 PROJECT STAFFING max 5 pts Esin Howard 4 � Mohammad 4 Charmaine 4 David 5 TOTAL 24 20 PROJECT MANAGEMENT max 5 pts Esin 5 IIIIIIIIIIUIIIIIIIIMII 4 Howard 3 5 3 Mohammad 4 5 4 Charmaine 4 5 3 David 4 4 4 TOTAL 20 24 18 QUALITY CONTROL max 5 pts Esin 5 5 4 Howard 3 5 5 Mohammad 3 5 5 Charmaine 4 5 5 David 4 5 4 TOTAL 19 25 23 REFERENCES max 5 pts Esin 5 5 5 Howard 5 5 5 Mohammad 4 4 4 Charmaine 5 5 5 David 5 4 4 TOTAL 24 23 23 TOTALS 374 438 410 SUMMARY D Stephenson 438 West 410 Link 374 CITY OF OPA LOCKA RFQ-13-1803100 DESIGN BUILD HELEN MILLER CENTER LINK D STEPHENSON WEST PRICE max 45pts 43 4 4 4 5 SCHEDULE max 10 pts 10 7 7 TECH APPROACH max 10 pts 10 8 6 LETTER OF INTEREST max 5 pts 5 5 2 SIMILAR EXPERIENCE max pts 5 5 5 3 VALUE ENGINEERING max S pts 3 4 0 PROJECT STAFFING max 5 pts. 5._ 4 2 PROJECT MANAGEMENT max S pts 5 5 4 QUALITY CONTROL max 5 pts 5 5 4 max 5 pts 5 5 5 TOTALS 96 92 78,... / SIGN PRINT DATE I Justification : West Construction Inc . 1 ) Staffing Chest is Incomplete . A) Missing other Professionals; Engineers , Sub Contractors , Landscape Architect . B) Does not meet RFP . 2) Letter of Interest not specific and contains errors . 3) Similar experience missing actual contruction work . Missing specialty provider MEP: S . 4) May not qualify with MDC . 5) Excellent Rendering . 6) No Value Engineering . D-Stevens ; Scheduling is missing the trade components . Over : CITY OF OPA LOCKA RFQ®13-1803100 DESIGN BUILD HELEN MILLER CENTER LINK D STEPHENSON WEST PRICE max 45pts ,3(/ SCHEDULE max 10 pts V 8j t b TECH APPROACH max 10 pts it) l d 5 LETTER OF INTEREST max 5 pts - SIMILAR EXPERIENCE max pts5 VALUE ENGINEERING max 5- 5 pts PROJECT STAFFING max 5 c pts PROJECT MANAGEMENT max 5 pts 3 QUALITY CONTROL max 5 3 d pts S REFERENCES max 5 pts 5 TOTALS _ v • SIGN PRINT DATE i - tjy1 CITY OF OPA LOCKA RFQ-13-1803100 DESIGN BUILD HELEN MILLER CENTER IIIIIIIIIIIIII LINK D STEPHENSON WEST PRICE max 45pts c_. SCHEDULE max 10 pts ' TECH APPROACH max 10 RIM pts ( ( LETTER OF INTEREST max 5 pts SIMILAR EXPERIENCE max pts 5 VALUE ENGINEERING max 5 pts PROJECT STAFFING max 5 p EMI ts ' PROJECT MANAGEMENT (._ NUM max 5 pts 1 , QUALITY CONTROL max 5 IIIIpts ,-) �� REFERENCES max 5 pts j j IIIIIIIIIIIIMIIIIIIIII TOTALS MEM _ IIIIIIIIIIIII l SIGN PRINT DATE L. ;1 CITY OF OPA LOCKA RFQ-13-1803100 DESIGN BUILD HELEN MILLER CENTER LINK D STEPHENSON WEST PRICE max 45pts .34) 74-631 V *` SCHEDULE max 10 pts ` 0 _ / 0 TECH APPROACH max 10 (� pts / it LETTER OF INTEREST max 5 pts 5 SIMILAR EXPERIENCE max pts5 VALUE ENGINEERING max, 5 pts PROJECT STAFFING max S 5 a pts PROJECT MANAGEMENT max 5 pts QUALITY CONTROL max 5 pts j, 5 REFERENCES max 5 pts L.5 5 TOTALS ,karftiz/ ire-ke✓te .//?/i3 SIGN PRINT DATE CITY OF OPA LOCKA RFQ-134803100 DESIGN BUILD HELEN MILLER CENTER IIIIIIIIIIIIIIIIIIMIIIMII T D S EPHENSON WEST 1111111111111.1111.11 _ IIIIIIIIIIIIIIIIIIIIIII -7 i '-ii--, PRICE max 45pts . ) 1 \---. 1/ SCHEDULE max 10 pts ( - TECH APPROACH max 10 - ? pts LETTER OF INTEREST max 5 pts 11111011.11 i SIMILAR EXPERIENCE max , . \ VALUE ENGINEERING max „ , - i — 5 pts r t PROJECT STAFFING max 5 ,- - pts ,-. ,.— ,„__ , \ — „) ) - PROJECT MANAGEMENT t_./ 1/ Z././ 7' max 5 pts QUALITY CONTROL max 5 __ pts ..,,, •••,77 REFERENCES max 5 pts IIIIIM / IIIIIIIIIIIII 111111111111111111 ME TOTALS , . s, , _---„-_ //, -----,----- 1, ...,0 V( _v ,x, tt, ), )44.)Ak_g P ' ).. / , - - ____,. t „ SIGN ' PRINT BATE I r I ' \ , \ 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 AN 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 WHE EAS, 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. �u•��.�s�s9�s�iita®�o - 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. AttadQiment: 1 1. Agenda 2. Copy of RFP �pR"lOCkq\.� 01 MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Joseph L. Kelle Commissioner Tim'$thy Holmes' Commissioner Dorothy Johns: Commissioner Luis B.Santrjc At r'— �.. i�f�ava: - j fi Kelvin L.Baker,City Manag' r f DATE: December 06,2012 FJ 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 SEGAI,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 modem 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). In plementation Timeline:As soon as Possible. Legislative History: None Recommendations 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 CI a-loclia Qa-Loc o`` C • r r • RAl 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 LOCKA,FLORIDA 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 O 2.4 ADDENDA 9 2.5 OPENING OF PROPOSALS 9 2.6 STATUS INQUIRIES 9 3. PROPOSAL SUBMISSION FORM AND CONTENTS 9 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 I 2 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 is 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 1 3 O P"Loch,.� 1,5, D % - ,,,Y CITY OF ®PA-LOCKA ADVERTISEMENT FOR REQUEST FOR QUALIFICATIONS (RFQ) RFQ NO: xxx.xxxxxnx 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 1 I 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, i 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, i 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(%)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 I4 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 I 5 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 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. 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 I6 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 apply: "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 f 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-Iocka, Florida 33054 Submissions by fax[or email] will not be accepted. 2.1 !INFORMATION MEETING 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 Pagel 8 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 n .(yi-1 ckatl.zk)\ (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 OF 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 PROPOSA Q,S The proposal shall be submitted on 8 V2 "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 I 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 be performed,the commitment to perform the work within f 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-Iocka. 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: Page 110 • General information about the firm • Name,address and phone number of the firm > List of firm's insurance policies,the insurer,and policy numbers. v 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 • 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 PROTECT 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 111 more weight than their form or manner of presentation. The technical proposal should demonstrate the combined qualifications of the fine 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(3)clients for whom the similar 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 (c) 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 I12 4.2. EVALUATION CRITE• iA 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 Prime 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: b Letter of Interest --.- --- gpoinGf HSimilar Experience .......................................................... .... 5 points H Understanding of the Project and It's Requirements........................... 10 points Value Engineering Experience on similar projects • 5 points H Project Staffing(On Site and Off Site)...........,>..... 5 points HProject Management................................... ................. ... 5 points A Quality Control Process ................. .............................................. 5 . points Technical Approach to the Project.................. „ava .... 10 points *Bid Price.........................................................<... .. 45 Points References ..................................................... ... 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 I13 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. fl 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. NO 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 f 15 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 The Selected service provider shall nde�::'c.and p._,i_er$1 ..bre.`'.to 1.,:... ' si}' c'.1:::l:`�l harmless City �liro_in Opa-locka i., of..^� �.,cz.a an 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 Iimitation 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, do 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 116 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 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. I. 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 117 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 REQIJIREIVIEENTS 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 118 T • R FQ NO: 124405100 PROPOSER QUAIL E 1CATIONS 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 MUST 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 S. 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 ( 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 0 *�o C6t lffeL 4 U9p011I?��. CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY It. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,tax evasion,or receiving stolen property;and C. Are not presently indicted for,or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001,Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However,the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer non-responsive. Page I21 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 RFQ NO: 11-XXXXXXX PRICE PROPOSAL, FORM 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 SUBMITTED RY: Company Telephone Number Name of Person Authorized to Submit Fax Number Bid Signature Email Address Title Page 124 °Pp=iacka. � ►/ „._.0) RFQ NO: 11-X00X0XX( RID BON 4 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 1 25 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. iN PRESENCE OF: (Seal) (Individual or Partnership Principal) (Business Address) (City/State/2 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 ( 27 ;i lO k Q u/ a`f u1 CITY OF OPA-LOCKA DRUG-.FREE WORKPLACE CER'TIF'ICATION FORM Whenever two (2)or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award prvces_. T i order to have a drug-free _ workplace�ii;b�fitln business,a bu s shall: I. 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(I). 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 128 tec CITY OF OPA-LOCKA ppa ke 4-r t�1 NiON.CO1,I,U,SR )IN AFFIDAVIT IDAVIT SIAtE OF F1,OR1IDAs COUNTY OE• 1Vl1 1DA11E being first dally sworn,deposes and says that: (I) 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 129 I sryiArBF -1_,191 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT AND FEDERAL LABOR REQUIREMENTS DOCUMENTS 3 Project Name: Helen Mifer Center Project Address: Segjj Park,.-ODa-Iocka, Florida 33054 ATTACHMENT A 1 Table of Contents ht Federal Labor Requirements Documents that must be incorporated in the submittal of I the bid package: t Notice to Bidders/Prospective Contractor(s) 1 Statement of Bidder's Construction Experience Certification Receipt Davis-Bacon Wage Decision FL120027 4 07/06/2012 FL27 6 Federal Labor Standards Provisions(Form HUD-4010) Insurance Requirements Provisions to be Incorporated in Construction Contracts: i o 1) Davis-Bacon Act, o 2)Termination, o 3)Access to Records and Record Retention, Non-Collusion Affidavit I Certification Regarding Lobbying s Affirmative Action Standards Certification of Compliance with Part 60-2:Affirmative Action Programs Other Required Certifications: f o 1)Equal Employment Opportunity, n 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) i 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 r (EO 11246) 5 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 r Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities i Notice of Requirement-Clean Water,Clean Air,EO 11736 and EPA Regulations Provision Certification of Compliance with Federal Regulations t o Clean Air Act, o Federal Water Pollution Control Act,and i o Lead-Based Paint Poisoning Prevention Act l Certification Regarding Debarment,Suspension,and Other Responsibility Matters(Direct Recipient) i Public Entity Crimes Affidavit IC 1-BID PACKAGE Miami- Dade County PHCD ,„-:-ss-,,,�t,:r.:::.,_,,,.—:_:a: _.-.,....r_>:�-,..v�:+�a :_.tar- -s,-..;.n.;..:a'am..aP,:e,,:..:,e�+x.Lz..ZS2werta, 6 Page 2 1991.1 T� �®®ERS/PR�SPEC°�iVE 1-®� ), 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 com l 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. 5 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 "*" 1. Prime Bidder: 2. Prime Bidder Address: i e t � 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: S. Contractor's Certification Categories: 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) I 0 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 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 z (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. fi (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 BIDDERS 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 Co�=-_-c 'o� . _tel- % - Ce - `a , - C ofs -O-;, g (Name of project) t y 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 F4120Q27 4 07106)2012! FL27 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 FL120027 4 07/06/2012 E 21 for this project. " 1 G Agency Name: Employer ID#lFID#: FP f F Full Address (including City, ST and Zip& Telephone Number) _ s Authorized Signature: Print Name: Title: i t Check one, as applicable: f (3 Contractor j k 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 up 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 http://wdol.gov/wdollscafiles/davisbacoraL27,dvb?v=4 Page 2 of 6 OPERATOR: Backhoe/Excavator $ 21.00 OPERATOR: Concrete Pump, 8.75 Truck Mounted Trailer Mounted $ 20.44 Truck Mounted 8.75 $ 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 $ 8.75 OPERATOR: Mechanic $ 21.00 ' �' °cr:aric 21.00 OPERATOR: Oiler 8.75 $ 20.00 8.75 1R0N0272-003 10/01/2011 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL $ 23.94 5.93 PAIN03G5-003 08/01/2010 Rates Fringes PAINTER: Roller, Spray, and Steel (Excludes Drywall Finishing/Taping) $ 16.00 6.20 * SFFLO821-001 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 http://wdol.gov/wdol/scafiles/davisbaconfa27.dvb?v=4 11/26/2012 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: Asthall_. Raiser S 10,do 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 $ 12.37 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 0.00 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 http://wdol.gov/wdol/scafiles/davisbacon/FL27.dvb?v=4 11/26/2012 • Page 4 of 6 Drywall Finishing/Taping $ 13.72 2.22 PIPEFITTER, Excludes HVAC Pipe Installation $ 17.85 2.54 PLASTERER $ 15.05 0.00 PLUMBER, Excludes HVAC Pipe Installation $ 20.00 1.37 ROOFER, Includes Built Up, Hot Tar Modifiod. Bitumen, • Shake & Shingle, 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 HVAC 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 0.8.0 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.dvb7v=4 1 1/26/2012 • 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, 5113/2010, 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 http://wdol.gov/wdolfscafiles/davisbacon/FL27.dvb?v=4 11/26/2012 Page 6of6 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 a ;�n and any Y ++Y ii+AS 11!!..'4LZ VT1 (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor • 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL, DECISION • http://wdol.gov/wdol/scafiles/davisbaeonlFL27.dvb?v=4 11/26/2012 Federal Labor Standards Provisions u.s.Department of Mousing 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 assistance. (3) The proposed wage rate, including any bona fidef 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 unconditionally and not less often than once a week, and (b) If the contractor and the laborers and mechanics to be without subsequent deduction or rebate on any account( employed in the classification (if known), or their except such payroll deduction as are permitted r.1( representatives, and HUD or its designee agree on the e permitted b, classification and wage rate (including the egulations issued by the Secretary of Labor under theC amount opeland Act (29 CFR Part 3), the full amount of wages designated for fringe benefits where appropriate), a report of and bona fide fringe benefits (or cash equivalents thereof) the the dmini taken shall be sent by HUD or its designee n, due at time of payment computed at rates not less thant fhe Administrator of the Wage and Hour Division, hose contained ime f in the wage determination rates nt of theS Employment Standards Administration, U.S. Department of ecretary of Labor which is attached hereto and made a Labor, Washington, D.C. 20210. The Administrator, or an part hereof, regardless of any contractual relationship authorized representative, will approve, modify, or disapprove every additional classification action within 30 which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona tide fringe benefits additional time is necessary.Section i(b)(2) of the Davis-Bacon Act on behalf oft Y- (Approved control l the number 121 of aborers or mechanics are considered wages paid to such Management and Budget under OMB control number 1215_ 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics 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, whichc 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). Laborers or mechanics performing work in more than one eceipt and advise issue HUD or its deli within 30 will no ofr classification may be compensated at the rate specified for HUD and so advise HUD i its designee or will n that HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. Provided, That the employer's payroll records accurately Management and Budget under r OMB(Approved by the Office Control Number r of set forth the time spent in each classification in which er 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 subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (ii) (a) Any class of laborers or mechanics which is notl (iii) Whenever the minimum wage rate prescribed in the fisted in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the 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 Previous editions are obsolete form U0.4010(0612009) 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 mechanic costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated ort benefits under a plan or mechanics P program, Provided, That the he actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request oft Contractors employing a he contractor, that the applicable standards of the Davis- apprentices or evidence under Bacon Act have been met. The Secretary approved programs shall maintain written evidence of ther require the contractor to set aside in a separate account egistration of apprenticeship assets for the meeting of obligations under the plan or ainee programs, the registraprograms ion rof the nappre apprentices andtr ro ram. (Approved P ainees, and the ratios and wage rates prescribed in the P g ( pproved by the Office of Management and Budget under OMB Control Number 1215-0140.) aPPficable programs. (Approved by the Office of 2. Withholding. HUD or its designee shall upon its own Management and Budget under OMB Control Numbers action or upon written request of an authorizedr 1215-0140 and 1215-0017.} ep'e`en`at`'`r of the Department of Labor withhold °rr (ii} (a) The contractor shall submit weekly for each weaki n which ause to be withheld from the contractor under this c hich any contract work is performed a copy of all ontract or any other Federal contract with the same prime c the payrolls to HUD or its designee if the agency a party to A the contract, but if the agency is not such a party, the ontractor, or any other Federally-assisted contract s ubject to Davis-Bacon prevailing wage requirements,w contractor will submit the payrolls to the applicant hich is held by the same prime contractor so much of these sponsor, or owner, as the case may be, for transmission to trued HUD or its designee. The payrolls submitted shall set out 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 dentif in aborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, information may be submitted in any form desired. sponsor, applicant, or owner, take such action as may be hedo Optional WH-347 is available for this purpose fromt necessary to cause the suspension of any further hit..//ww w.doL ovdesa/whd/forms/wh347instr h m site at payment, advance, or guarantee of funds until such uccessor site. The or its s cor violations have ceased. HUD or its designee may, after he submission of-copes of payrtollstby all subcontractors.is responsible fort written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or subcontractor to the respective employees to whom they social security number and current address of each Y covered worker, and shall provide them upon request to are due, The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act HUD or its designee if the agency is a pay party, the contracts. contract, but if the agency y p is not such a party, the contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained b the y 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 period of three years thereafter for all laborers and nvestigation or audit of compliance with prevailing of ant g P P mechanics working at the site of the work. Such records equirements. it is not a violation of this subparagraph 9 wager shall contain the name, address, and social security prime contractor to require a subcontractor to r fora number of each such worker, his or her correct addresses and social gsecurity numbers provide classification, hourly rates of wages paid (including rates contractor for its own records, without weekly the prime of contributions or costs anticipated for bona fide fringe o HUD or its designee. (Approved Y submiceionf benefits or cash equivalents thereof of the t Mana ement and Budget under 0Mg Cont of Office Numbeof types describedi g n Section I(b)(2)(B) of the Davis-bacon Act), daily andw 1215-0149.) eekly number of hours worked, deductions made andac (b) Each payroll submitted shall be accompanied by a tual wages paid. Whenever the Secretary of Labor hasf ound under 29 CFR 5.5 (a)(1)(iv) that the wages of anyl "Statement of Compliance," signed by the contractor or g Y subcontractor or his or her agent who pays or supervisest aborer or mechanic include the amount of any costs r he payment of the persons employed under the contract easonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains thei Bacon Act, the contractor shall maintain records which of That the uired fob the paded period contains the( 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 program has been under 29 CFR 5.5(a)(3)((), and that such (nformation is Previous editions are obsolete — g..o correct and complete; Page 2 of 5 form HUD-4010(0612009) ref.Handbook 13441 (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 hat no deductions have been made either directly on he ob site in excess of theratio performing mit ed work her job permitted under they ndirectly from the full wages earned, other than egistered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates( specified in the applicable wage determinationi expressed in percentages of the journeyman's hourlyr ncorporated into the contract. ate) specified in the contractor's or subcontractor's r (c) The weekly submission of a properly executed egistered program shall be observed. Every apprentice 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 (d) The falsification of any of the above certifications may pprentices shall be paid fringe benefits in accordance Y with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship prosecution under Section 1001 of Title 18 and Section poi program does not specify fringe benefits, 231 of Title 31 of the United States Code. apprentices must be paid the full amount of fringe benefits 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 shalt 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 equired records upon request or to make such records p provided in 29 CFR n.1h rainees wil! not l be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced byf (I) Apprentices. Apprentices will be permitted to work all ormal certification by the U.S. Department of Labor, ess than the predetermined rate for the work they Employment and Training Administration. The ratio oft performed when they are employed pursuant to andi rainees to journeymen on the job site shall not be greatert ndividually registered in a bona fide apprenticeship han permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, 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, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess oft he ratio permitted under the registered program shall be person or firm ineligible for award of a Government paid not less than the applicable wage rate on the wage contract by virtue of Section 3(a) of the Davis Bacon Act determination for the work actually performed_ In the or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or 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. until an acceptable program is approved. Federal Housing Administration transactions" C (iii) The Part: "Whoever. for the purpose f j provides in (' ') Equal employment opportunity. The utilization of pos o. . influencing in any apprentices, trainees and journeymen under 29 CFR Part 5 say the action of such Administration makes, utters or shall be in conformity with the equal employment publishes any statement knowing the same to be false..... opportunity requirements of Executive Order 11246, as shall be fined not more than $5,000 or imprisoned not 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 insert in any subcontracts the clauses contained in discriminated against by the Contractor 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 prevailing wage decision, and also a clause requiring the applicable gunde under Contract to o h s employe labor standards 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 by 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 contracting for any part of the contract work which may require or y grounds fort involve the employment of laborers or mechanics shall require or i erminaton of the contract and for debarment as a c ermin t and a subcontractor as provided 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 8. Compliance with Davis-Bacon and Related Act Requirements. compensation t 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 9. Disputes concerning labor standards. Disputes (2) Violation; liability for unpaid wages; liquidated arising out of the labor standards provisions of this orth damages. i n subparagraph pgp n1 oofathisvparagra of the clause self contract shall not be subject to the general disputes ( ) paragraph,f the l be liable g P and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in accordance with the procedures of the De artment of for the unpaid wages. In addition, such contractor and P 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 s designee, the U.S. Department of Labor, or the territory), for liquidated damages. Such liquidated employee esign their representatives. damages shall be computed with respect to each individualf aborer or mechanic, including watchmen and guards, 90. (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 foreach 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 Page 4 of 5 form HUD-4010(06!2009) 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 ac lause requiring the subcontractors to include these ct auses in any lower tier subcontracts. The prime c ontractor shall be responsible for compliance by anys ubcontractor or lower tier subcontractor with the clausess et forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor byr egulation. (2) The Contractor shall comply with all regulationsi ssued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 4-CERTIFICATION RECEIPT —4 — ——•� Miami-Dade County PHCD �® INSURANCE REQUIREMENTS The term "Contractor", as used in this document, refers to the entity providing construction 71 type services. The terms "owner" and "sub-recipient"are used interchangeably. J I. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s)and original policies described hereunder A. Construction and Major Rehabilitation projects including new structures, additions to existing: structures, and comprehensive modernization/renovation. The contractor shall obtain the insurance specified in Section II. B. Emergency Shelter, Housing and Minor Rehab, Acquisition of Land and Commercial Revitalization projects including renovation or roofing only of existing structures. The`I contractor shall obtain the insurance specified in Section II. II. Types of Insurance REQUIRED CERTIFICATE(S)OF INSURANCE PROJECT TYPE 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$500,000 combined single limit per B. Emergency Shelter,Housing and occurrence for bodily injury and property Minor Rehab,Acquisition of Land& damage. Commercial Revitalization Completed Value Builder's Risk Insurance-on al"All Risk"basis in an amount not less than one hundred(100%) percent of the insurable value of the i building(s)or structure(s). The policy shall be A Construction and Major Rehabilitation in the name of the sub-recipient and the Contractor,and Miami-Dade County must be listed as a loss payee. Please verify insurance requirements at time of pre-construction meeting. Page 1 of 2 i Pale 7 6-INSURANCE REQUIREMENTS _ p_ Miami-Dade County PHCD Ill. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: F, The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest$ "List of All Insurance Companies Authorized or Approved to Do Business in Florida": issued by the State of Florida Department of Insurance and are members of the Florida; Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk"which may be dropped after substantial completion. The Contractor shall also keep all insurance required by contract, except "Completed' Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall' clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made' without thirty (30) days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. V. Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole' option may terminate this contract or pay such premiums, and deduct the costs thereo from any amount, which are or may be due to the Contractor. Page 2 of 2 Page 8 8-INSURANCE REQUIREMENTS Miami-Dade County PHCD PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS A. "DAVIS-BACON"ACT PROVISION As stated in 24 CFR Part 85.36: When required by the Federal grant program legislation, all construction contracts in excess of $2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act (40 USC 276a to a-7)as supplemented by Department of Labor regulations(29 CFR Part 5). Under this Act contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor for this solicitation and the award of the contract shall be conditioned upon the acceptance of the attached wage determination. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract, subcontract, and any lower-tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in form HUD-4010 and those requirements contained in Wage General Decision Number#FL120027 4 07/06!2012 FL27 for 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 of 3 IniYia s Page 9 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 incurred by the Contractor prior to notice of termination. The Principal Contractor/Owner shall be the sole judge of"reasonable costs." 3.. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, the Principal Contractor/Owner may terminate this contract upon no less than twenty-four (24) hours written notification to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate, renegotiate and/or adjust the contract award whichever is in the best interest of the Principal Contractor/Owner 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor/Owner through Board of County Commissioners' action, the Principal Contractor/Owner may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract, in whole or in part, when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's/Owner's right to legal or equitable remedies. Initials Page Z of 3 4- Page 10 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 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 thisl project and for a period of three (3) years following close out in compliance with 4 NCAC 19q Rule .0911, Recordkeeping. The Miami-Dade Department of Housing and Community Development, of Housing and Urban Development, and the Comptroller Genral of the eUnited States,tes,eorr 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 they above. q Initials Page 3of3 Page 11 -= � 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 4N Miami-Dade County PHCD N®NC®LLIJSBON AFF DAVn- STATE OF: COUNTY OF: , being first duly sworn, deposes and says that: (1) Heishe is of the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the (Local Public Agency) or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) _ Title Subscribed and sworn to before me this day of , 20 My commission expires: Page 12 8-NONCOLLUSIONAFFIDAVIT Miami-Dade County PHCD CERTIFICATION REGARDING LOBBYING 2 Certification for Contracts, Grants, Loans and Cooperative Agreements [F 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` undersir�ned, to any person for influencing or attempting to influence an officer or employee i an agency, a Member of Congress, an officer or employee of Congress, or an employee of al, 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;contract, grant, loan, or cooperative agreement. d i 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. i 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. _: F o 3 By: 3 Print: Title: Date: j Business Address: r i , ! i 2 I_ 3 Page 13 } 9-CERTIFICATION REGARDING LOBBYING Miami-Dade County PHCD E A E A`ilYE.AA"I"I ANDARDS 1 Contracts covered by th'e Notice and Specifications shall take affirmative action to insure 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 Paget of 5 Page 14 10-AFFIRMATIVE ACTION STANDARDS County PI-1C D 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 b y providin g notices of the policy to unions ands training programs and requesting their help in meeting its EEO obligations; by including it in an 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 inr, 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 make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. 2 Initials Page 2 of 5 Page 15 10-AFFIRMATIVEACTION 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, o 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. Contractors F 1 1 must v lid validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests,1 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 toy prepare for such opportunities by appropriate training. t 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;!1 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 Y providing separate or single-user toilets and necessary changing facilities to assure privacy; between the sexes. rt Y, If11tI81S< r 4Q Page 4 of 5 Page 17 10-AFFIRMATIVE ACTION STANDARDS `"'y Miami-Dade County P HC D To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding; the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, including circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded or joint ventures participated in with dollar amounts; have copies of solicitations sent to minority' and women's contractor associations or other business associations. 16, Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative:: action posture. Initials I. Page5of5 Page 18 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for B each of his establishments; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. --- NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Name Title Signature Date Address (Including Zip Code) 7 s r 11-CERTIFICATION OF COMPLIANCE WITH PART 60-2 Page 19 a�^ AFFIRM-ATIVE ACTION PROGRAMS Miami-Dade County PHCD IIIE R� RE CERTIFICAT 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 ins of r..,,_ Order� 10925, 30 1 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 and does not have on file, at each establishment an affirmative action program as requirred 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 o 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 or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT,_STATE, OF FLORIDA. OR MIAMI-DADS 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. lipuslinu and Community Develoument 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 :-_'aF.'3:x:>=. .....L.s: ,,..ioe._._ 'P..:=' _�r<-=,rte_..,r.-ur.� r .:v...� . _�.:...:.-:•S.=a_+.:..:'°a?,-.-"v=ik�'4.-AS4';:•=:'•.r'3s'!'i .+m`�:::_7 d.c.a-�..^:=5?x�r..`a.. ......, Page 21 Miami-Dade County PHCD H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED felon-As on the au of A 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. II. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-disc ' _'�a -• of B. 'so ,., ''c.• 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 C ERTI FICAT!ONS 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- 1 A.The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be. taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistancei 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 performance of the grant be given a co employee f theostateme engaged required u ired tby! paragraph (a); copy q by! (d) Notifying the employee in the statement required b condition of employment under the grant, the employee paragraph (a) that, as a (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), (o), (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 AISI AhlCE OF ME3LIANCE(Section 3, HUD ACT of lau 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 k Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. S. 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 1. 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 a work in connection with the project. The (applicant) (recipient) certifies and agrees that it is I 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. AFFIRNIA'PIVE ACTION P!AN FOR„UTILIZTION OFPROJIECT 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 ands` 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 endin contractual opportunities either personally or through locally utilized media. g 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 PHCD 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 whatii 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 at commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, ors 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 a 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. i E Initials Page 2 of 2 15•SECTION 3 REQUIREMENTS Miami-Dade County PHCD Page 27 C7J(atd CLAUSE t� I � 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 s recipients of HUD assistance for housing. _ B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract,the parties to this confront;` 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 s 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 18-SECTION 3 CLAUSE Miami-Dade County PHCD Page 28 l DDER'S 1 IV1 77 A SEC TI O ,3 .. C3 a„ 1 The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs(skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees,the Bidder plans to hire at least percent(%)from the Section 3 Covered Area (Dade County, Florida). 4. The Bidder estimates that percent(%)of those materials purchased for use on this project will be from business located in the Section 3 Covered Area(Dade County, Florida) l (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 I r. I 3 17-BIDDER'S INITIAL SECTION 3 GOALS Miami-Dade County PHCD Page 29 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3_ The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contract the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. Page 1 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County 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 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 thisE 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 o' business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if 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 andfo debarment. Page 2 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PI-1CD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION m 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 o 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,INELIGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 32 EQUAL EMPLOYMENT OPPO-TUNITYssCLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 s f In carrying out the contract, the contractor shall not discriminate against any or applicant for employment because of race, color, religion, sex, or} national origin. The contractor shall take affirmative action to insure that applicants1 for employment are employed, and that employees are treated during employment,e without regard to their race, color religion, sex, or national origin. Such action shall; E 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,i religion, sex, or national origin. • { Print: - Title: Date: Business Address: f: F F 19-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 33 EQUAL OPPORTUNITY '----- --_-------- 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency, there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more that three days'duration, and part time employment. ii. Executive and top management means any employee: (a) whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and (b)who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and (e)who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in (a)through (d)of this paragraph 6. ii.; Provided, that (e) of this paragraph 6.ii. shall not apply in the case of an employee who is in sole charge of an independent branch establishment, or who owns at least a 20- percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 7) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Page 2of3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD Page 35 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, Director, provided by or through the contracting officer Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). 10) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era. 11) The Contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. By: Print: Title: Date: Business Address: Page 3 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCO r ._•ae.-.,.._.-,cam--,.c. Page 36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILiTIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following: x. Recruitment, advertising, and job application procedures; xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of pay or any other form of compensation and changes in compensation; xiii. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; xiv. Leaves of absence, sick leave, or any other leave; xv. Fringe benefits available by virtue of employment, whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs; and xviii. Any other term, condition, or privilege of employment. 2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice (e.g-, the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Page 1 of 2 21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami-Dade County PHCD Page 37 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, as amended, to that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance By: ___ Print: Title: Date: Business Address: Page 2 of 2 21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Miami-Dade County PHCD Page 38 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2 (d) THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 5 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: 9 A. GOALS FOR MINORITY UTILIZATION, All Trades: Area Covered: Dade County, Florida Goals and Timetables* Timetable Trade Goal Until Further Notice All 39.5% I t B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. y onwide. 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. E i Initials t Pagel of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 39 _ .._ The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the; geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be' substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and; women evenly on each of its projects. The transfer of minority or female; employees or,trainees from Contractor to Contractor or from project to project: fnr the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.; Compliance with the goals will be measured against the total work hours( performed. 3. The Contractor shall provide written notification to the Director of the Office o 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, employe 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 othe forms of compensation; and selection for training, including apprenticeship. The- Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. • Initials Page 2 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 40 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, oil 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 o 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 toil 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 they Secretary of Labor. r. 5. The Contractor will furnish all information and reports required b p q 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 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 Contracto may request the United States to enter into such litigation to protect the United; States. Initials Page 3 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD 4.:aGr,•.:,,4G'•aC. :a93Yr5': 'i4ar,+rv-a- _ .-...,. .. Page 41 1._ _� STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1.As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). - Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Initials Page 4 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County P HC D AsonsengsmonFs Page 42 3. If the Contractor is participating (pursuant to 41 CFR 604.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors of Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Initials Page 5 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11248) Miami-Dade County PHCD ._,,:,.:;�.._.. -- ......n;:3^ n_.:. -- .-'s:n ,r.......,::..._.. .... ;.e- .�.ax-r..:.*5ax?t-.=..::Scar.�:':nx.�-a:�e-•.,-sa.c.,,.,__'`_ Page 43 a. Ensure and maintain a working environment free of harassment,, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project.: The Contractor shall specifically ensure that all foremen, superintendents, and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with attention to minority or female individual working at such sites o in such facilities. f b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment: sources and to community organizations when the Contractor or its_ unions have employment opportunities available, and maintain a record of the organizations'responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority o 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 referrals and was not referred back to the Contractor by the union, if referred, no employed by the Contractor, this shall be documented in the file with the' reason therefore, along with whatever additional actions the Contracto may have taken. d. Provide immediate written notification to the Director when the union oil+ 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. Page 6 of 10 Initials i 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD rr � Page 44 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or othe employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media; and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Initials Page 7 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 45 Conduct, at least annually, an inventory and evaluation at least of • 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 g ments 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 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 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 i fulfilling one or more of their affirmative action obligations (7) a. through (7) nY The efforts of a contractor association, � n p. _ g O r community, or other similar group of which the contractor is amemberr and. participant, may be asserted as fulfilling any one or more of its obligations unde (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 behal' of the Contractor. The obligation to comply, however, is the Contractor's and. failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Initials Page8of10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County RI-lCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment; opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the, Contractor may be in violation of the Executive Order if a particular group is'' employed in a substantially disparate manner (for example, even though the;; Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is: underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed 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. r' 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those 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. ti 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, o 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. Page 9of10 Initials 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 47 15. T Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Initials Page 10 of 10 22•NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County P HC D Page 48 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE --_ FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employments 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 i Page 49 5. The contractor will furnish all information and reports required by Executive Or 11246 of September 24, 1965, and of the rules, regulations, and relevant orders ofthe 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 o this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures, authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, o 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 C- RTIFICATlON OF NONSEGREG k TED.._FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas,I Erest rooms and wash rooms, restaurants and other eating areas, time clocks, locke 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. -, i 2. By the submission of an offer, the bidder certifies that it does not and will not maintain. or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidde agrees that a breach of this certification is a violation of the Equal Opportunity clause o the contract. t , 3. By submission of the bid, the bidder further agrees that (except where it has obtainedl identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from om proposed subcontractors before the award o i 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. a • Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: ,. ___ _m..__._..__ __ .___,.._.. _ _.._ ____ ri Print: Title: , Date: i Business Address: r p is L t. 7 i 7. 24-CERTIFICATION OF NONSEGREGATED FACILITIES { I Miami-Dade County PHCD Page 51 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, musty be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for;: each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually,,; annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 • By: Print: Title: Date: Business Address: • 25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dada County PNCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. i 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. ti Name of Bidder Authorized Signature Date (!F: 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 _ I 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 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 Housing and Urban Development and the Regional Office of the Environimentaly 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 237,133 (3) (a) FLORIQSTATUTES 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 lof3 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 United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term"person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County P HC D 4.5. ;_.,.'-;rsue.iwz.:.._:a�:at.r�.v;•_ °rs ,r . :crime _`!.n:1..-:--.. ^*,4.,a.a s:.� .nritmr.�w+� .,..w.,.a :.... Page 57 E UNDERSTAND THAT THE SUBMISSION OF THIS F ORM 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 OF1 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 PI-1CD Page 58 Public Housing and Community Development 701 NW 1si Court, 14 Floor M IAM I`DADE iami, FL T 786-469-2100M 1 F 786-469-22 6 COUNTY www.miamidade.gov Carlos A.Gimenez,Mayor March 27, 2013 Mr. Kelvin L. Baker, Sr. City Manager City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 RE: Approval of the Selection of the Contractor for the Segal Park Improvements Dear Mr. Baker: Public Housing and Community Development (PHCD) has reviewed the bid proposal, contractor selection and award recommendation package submitted by the City of Opa- Locka for the Segal Park Improvements Project. The bid process and the contractor selected, D. Stephenson Construction, Inc. have been approved by PHCD. Even though D. Stephenson Construction, Inc. was not the lowest bidder, PHCD accepts the City's selection process and approves the selection. You may proceed to award the contract. Please contact Jesus Hernandez, Project Manager, at 786-469-2131, if you have any questions regarding this matter. Sincerely, f\P Cla ce Brown Division, Director Attachments • c: Colleen Brown, Manager, Project Management, PHCD Jesus Hernandez, PHCD Project Manager • •