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HomeMy Public PortalAbout16-9200 Execute an Agreement w/Unitech Building Corp Sponsored by: City Manager RESOLUTION No. 16-9200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO AWARD AN AGREEMENT TO AND EXECUTE AN AGREEMENT WITH UNITECH BUILDERS CORP. IN THE AMOUNT NOT TO EXCEED THREE- HUNDRED FIFTY SEVEN THOUSAND EIGHT HUNDRED EIGHTY DOLLARS ($357,880.00); FOR THE DESIGN BUILD SERVICES FOR THE NW 38th AVENUE DRAINAGE PROJECT FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPROPRIATION FUNDS; PAYABLE FROM ACCOUNTS NUMBERS: 44-541809 & 76-538340; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Opa-locka issued a Request For Proposals (RFP) to solicit bids for design build services for the NW 38 Avenue Roadway and Drainage Improvement Project; and WHEREAS, The RFP clearly provided that the City reserved at all times the right to reject all bids and initiate a new RFP process; and WHEREAS, The City Commission finds that it is in the City's best interest of the City to enter into an Agreement (EXHIBIT "A") with Unitech Builders Corp. for the design build services for the NW 38 Avenue Roadway and Drainage Improvement Project NOW THEREFORE BE IT RESOLVED THAT 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 Manager is hereby authorized to enter into an agreement (EXHIBIT "A") with Unitech Builders Corp. for the design build services for the NW 38 Avenue Roadway and Drainage Improvement Project in the amount of Three Hundred Thousand Fifty Seven Eight Hundred Eighty Dollars ($357,880.00). Section 3. This resolution shall take effect immediately upon adoption. OQ p.LockQ.. Off` <O a` 9 L D V. _ $ n \9M1 O,9laORGZ E� MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Joseph L.Kelley Commissioner Luis B. Santiago Commissioner Terence K.Pinder FROM: Yvette Harrell,Interim City Manager DATE: June 8,2016 RE: NW 38th Avenue Clarification of Intent The NW 38th Avenue Roadway drainage project has a sense of urgency that comes from this project which is two-fold: • First the monies would be recaptured by the County and they would have to return the monies to HUD when they previously committed this funding; HUD is expecting a finished project • Second, is that NW 38th Avenue lacks a stormwater drainage system and combined with Florida's weather lends to aggressive deterioration and as a result,the Public Works Department is tasked with maintaining and aggressive pothole repair schedule; this is a result of the roadway providing for business with heavy truck traffic. We were awarded a grant from Miami Dade County Public Housing and Community Development in the amount of$319,462 while the project cost is $357,880 the difference is funded from Stormwater Management Capital Improvement Projects Keeping this funding is pivotal and it's completion ordered by the County through an extension is December 1, 2016 which the future State Revolving Zone 6 project will address the wastewater and drinking water infrastructure along this roadway thus having to complete the storm water portion prior to embarking on Zone 6 END OF MEMORANDUM N C <0 lay 9` v ii' % HA° ? City of Opa-Locka Agenda Cover Memo City Manager: Yvette Harrell CM Signature Finance Director: Charmaine Parchment FD Signature Budget Manager Keit Carswell BUD Signatur• Cti CIP Project Manager l Ai i Austin CIP Signature Commission Meeting Item Type: Resolution Ordinance Other Date: 06/8/2016 X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) x Public Hearing: Yes No Yes No (EnterXin box) x X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (EnterXin box) Account#44-541809 CDBG x 76-538340 Stormwater/CIP Contract/P.O. Yes No RFP/RFQ/Bid#: Required: 2016-2502100 (EnterXin box) 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 X Enhance Organizational 1:21 address) Bus.&Economic Dev Public Safety Will resolve NW 35th Avenue area Quality of Education Flooding. Qual.of Life&City Image ■ Communcation Sponsor Name Department: City Manager CIP Short Title: NW 38th Avenue Drainage Improvements Staff Summary: Unitech Builders is the sole responsive bidder per the bid committee. Unitech Builders provided excellent designs including a cost effective sustainable innovative concept. Unitech Builders submitted bid package included drawings, calculations; and specifications that are comprehensive, detailed and meet RFP requirements. The evaluation committee met on May 2, and recommends to award the contract to Unitech Builders in order to resolve NW 38th Avenue area Flooding and drivability issues. Proposed Action: The following table shows the responsive responsible bid price: Bidder Bid Price Total Bid Price Combined Total Score Rank Unitech Builders Corp. $357,880.00 $357,880.00 Sole Bidder ft We have reviewed the submitted drawings and calculations and find them to be within the proposed bid amount. Unitech Builders Corp. Design Build Team is the sole ranked most responsive bidder. Their bid package is excellent as demonstrated by the following factors: Design — Provided superior innovative cost effective design concept accompanied by accurate drainage supported by engineering judgment, analysis and calculations. The scope of work also include restoration of the roadway to its current condition,and the payment of all applicable permitting fees. Unitech Builders Corp. Is the sole bidder for this project. Attachment: 1. Agenda m OPO•LOCk4 ... O� gyp, a 9 H 0. U! a CO44.jR? f0,9y MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Joseph L.Kelley Commissioner Luis B. Santiago Commissioner Terence K.Pinder FROM: Yvette Harrell,Interim City Manager DATE: June 8,2016 RE: NW 38th Avenue Drainage Improvements REQUEST: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH UNITECH BUILDERS CORPORATION IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND FIFTY SEVEN EIGHT HUNDRED EIGHTY DOLLARS ($357,880.00) FOR THE DESIGN BUILD SERVICES FOR NW 38th AVENUE DRAINAGE PROJECT CDBG GRANT APPROPRIATION FUNDS, PAYABLE FROM ACCOUNTS NO. 44-541809 & 76-538340. THE ITEM IS BUDGETED AND THE EFFECTIVENESS OF THE RESOLUTION IS CONTINGENT UPON COUNTY CONCURING WITH THE APPROVAL. DESCRIPTION: The City of Opa-locka issued a Request for Proposal (RFP) to solicit competitive proposals from qualified 38th firms and received one(1)responsive bid package to provide design- build services for NW 38 Avenue Drainage Improvement. The evaluation panel reviewed the bid package for the NW 38th Avenue Project(RFP#2016-2502100) and ranked the sole responsive bidder as reflected in the attached evaluation sheets. The panel recommends Unitech Builders Corporation, the sole responsive bidder for the NW 38th Avenue Project (RFP #2016- 2502100). ACCOUNT NUMBERS: 44-541809 and 76-538340. FINANCIAL IMPACT: The project will be funded by Public Housing and Community Development (CDBG)Community Development Block Grant for$319,462.00;there is a shortfall of$38,418,which will,be funded the from Storm Water Management/Capital Projects account. IMPLEMENTATION TIME LINE:As soon as possible,the funding for this project expires December 1, 2016. RECOMMENDATION(S): Unitech Builders Corp. is the sole responsive bidder per the bid evaluation committee. Unitech Builders Corp. provided excellent design and detailed to meet RFP requirements. Committee recommends to award the contract to Unitech Builders in order to resolve area flooding issues. The following table shows the most responsive responsible bid price comparison: Bidder Bid Price Total Bid Price Combined Total Score Rank 1st Unitech Builders Corp. $357,880.00 $357,880.00 Sole Bidder Unitech Builders Corp. Design Build Team is the sole responsive lowest bidder. Their bid package is excellent as demonstrated by the following factors: Design—Provided superior innovative cost effective design concept accompanied by accurate drainage supported by engineering judgment, analysis and calculations. ATTACHMENT(S): 1. Contract Agreement PREPARED BY: Airia Austin,Project Manager END OF MEMORANDUM Qp. ok C 0" O • U a OAi'O R pY a-O CONTRACT AGREEMENT BETWEEN CITY OF OPA- LOCKA AND UNITECII BUILDERS CORP. FOR NW 38TH AVENUE DRAINAGE ROADWAY IMPROVEMENT PROJECT Page 1 of 16 AGREEMENT THIS IS AN AGREEMENT, dated the day of ,2016,between: CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY," and UNITECH BUILDERS CORP. A licensed Company, authorized to do business in the State of Florida, hereinafter"CONTRACTOR." WITNESSE nt In consideration of the mutual terms and condition,wises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY requested proposals for NW 3e Avenue Drainage and Roadway Improvement indicating the CITY's desire to hire a Contractor to perform this work. 1.2 On ,2016,the CITY awarded the CONTRACT and authorized the proper CITY officials to enter into an agreement with CONTRACTOR to render the services more particularly described herein below. Page 2 of 16 ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials,tools, supplies, and labor necessary to perform all of the work described in the RFP No.2016-2502100 for the installation of a new drainage and restoration of the roadway of NW 38th Avenue to its current condition without the need of a change order. The contractor is also fmancial responsible for all permits required for this project. A copy of RFP No. 2016-2502100 is attached hereto and specifically made a part of this Agreement as Composite Exhibit "A" and the received Bid package is also attached as Composite Exhibit`B". 2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards for specified services. If within the 13) years following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR, CONTRACTOR agrees to re-perform such deficient services without charge to the CITY. ARTICLE 3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES 3.1 The CONTRACTOR.shall commence work to be performed under this Agreement beginning 22016.CONTRACTOR shall complete all work in a timely manner substantially by ,MiAnd final completion be ,2016. Should there be any delay in issuance of permit by the jurisdictional authorities completion time will be adj usted accordingly. 3.2 Anything tom contrary nithstanding, minor adjustment to the timetable for completion approved by CrrY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, not or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. 3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor being required to pay liquidated damages in the Amount$1000 per day for each unexcused day after the completion date set forth in Section 3.1 above. Page 3 of 16 ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, $357,880.00 for work to be completed in accordance with the "Proposal" submitted by CONTRACTOR. Prices for work completed by the CONTRACTOR shall be as reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as Exhibit "B", with no change in the price shown. A total contact price hereto is referred to as Contract Sum and shall be Three Hundred Fifty Seven Thousand Eight Hundred Eighty Dollars and Zero Cents. 4.2 Not withstanding any other provision of this contract,the CONTRACTOR shall guarantee all portions of the Project against poor workmanship and faulty materials for a period of three (3) years after final payment and shall immediately correct any defects which may appear during this period upon notification by CITY. This provision shall in no way affect the manufacturing warranty for repair or replacement. 4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by CONTRACTOR except those previously made and still unsettled. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project Applications and Certificates for Payment issued by the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract lumens. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act Chapter 218 Florida Statutes. 5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.2.3. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work Page 4 of 16 as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.2.4.2 Add that portion of the Contract S operly allocable to materials and equipment delivered and suita eof d at the site for subsequent incorporation in the completed co oi ' i f approved in advance by the Owner, suitably stored off at a locat ;greed upon in writing), less retainage of ten percent(1/i 0, , j // .. x, ,: 5.2.4.3 Subtract the aggregate of pre ��. pay % i made by yawner; and subtract amounts, if any ‘r which the .6'9. Manager has or nullified a Certificate fo i ii, ;- t. / ��D/o 5.3 The progress payment amount accorc "v- with the above shall be further modified under the •• owing circ ��tanc /O//P ///, , 5.3.1 ///// Add, a d. Subst. r/< ompletion of the Work, a sum sufficient to e" reas- e total a�' nts to Ninety percent (90%) of the Contract i p � '� `> . �F ount ' the Construction Manager recommends and jj���///// �� the ,er det- fo' complete Work and unsettled claims; and 5.4 4tion or limit / of re a e, if any shall be as follows: NONE /j/ ARTICLE 6 FINAL PAYMENT Final payment, constit e :-. -ntire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor en (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued by the Owner and 3) the contractor has met all provisions of the reporting requirements of grants if the project is funded by grant money; such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. Page 5 of 16 ARTICLE 7 CONTRACTOR'S LIABILITY INSURANCE 7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the CITY nor shall the CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub- contract until all similar such insurance required of the subcontractor has been obtained and approved. 7.2 Certificates of insurance, reflecting evidence of the requirl insurance, shall be filed with the City prior to the commencement of the work. These ates shall contain a provision that r !f' coverage afforded under these policies will not be -d until at least thirty days (30) prior written notice has been given to the CITY. Polic'. /al 's' sued by companies authorized to do business under the laws of the State of Flo 7.3 Financial Ratings must be no less than ' ° the latest edition 4r,sts Key Rating Guide", P ublished by A.M. Best Guide. /11 r, 7.4 Insurance shall be in force ��:/ 11 work req performed un ?the terms of the Contract is satisfactorily comp k = . . idenced b formal acceptance by the CITY. In the event the insurance certificate p .set ates that surance shall terminate and lapse during the period of this contract, in th the CTOR shall furnish, at least three (3) days 2'YY&' f7Z i /ace as c S •r the r,. e of the period of the contract and extension there is in e . The C fik %" • CTOR shall not continue to work pursuant to this contract unless .-/ - u' ance re�,' s in full force and effect. 7.5 z enst /. eral s ility in - e#cover liability bodily injury and property e. Expos be c r ,-d are: pr- ' ises, operations, products/completed operations,j an/41,,ain contracts. verag st be written on an occurrence basis, with the following limits •`! .ility: (a) Workee ompens. r, Insurance-as required by law; (b) Employeabil rsurance - $1,000,000 per occurrence; (c) Automobile '- : -' surance - $2,000,000 per occurrence, $1,000,000 per accident; (d) Accident for b• ` injury $300,000 and$1,000,000 per accident for property damage. 7.6 The CONTRACTOR shall hold Miami-Dade County and the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY and Miami- Dade County as additional insured under their policy. 7.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. Page 6 of 16 ARTICLE 8 PROTECTION OF PROPERTY 8.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever. ARTICLE 9 CONTRACTOR'S INDEMNIFICATION 9.1 The CONTRACTOR agrees to release Miami-Dade Cot / f and the CITY from and against any and all liability and responsibility in connection w/,, 'above mentioned matters and with d/11o�/ the work being performed by Contractor. The Q.' 7CTOR further agrees not to sue or seek any money or damages from CITY in conne v , wi , above mentioned matters. 9.2 The CONTRACTOR agrees to indemni;, hold harmless ' /, i-Dade County, and the CITY, its trustees, elected and appoint-r , .1 icers, agents, servan . employees, from and against any and all claims, demands, or ca/°u of actio ,o whatsoev y .d or nature, and the resulting losses, costs, expe -s, reasonable . „,,,//fees, liabiliti y' a amages, orders, �%/i O/%///��i/ judgments, or decrees, sustain o,,r :.- CITY or . ;, <' d party arising out of, or by reason of, or resulting from the CONTRA ,', igent act rs, or omissions. �, ?/, /� i 9.3 If a court of compe }. ' risdiction ds the ble . ain tortious acts of its agents, � � liabilit� all -%,- ,;, o th#extent and limit provided in officers, or ern,/ ,-U � t 768.28, Florio Mutes. '' .. provisi 5 not be rued as a waiver of any right or %�,. % // defense that the *may p ;M�ess. The TI,/ye specifically reserves all rights as against any and all ;..s that 'moo,, ” / / //, � ,yj/ E ENT CONTRACTOR ////% 10.1 This A_ :-nt does not /, ate an employee/employer relationship between the parties. It is the intent of/ parties / == the CONTRACTOR is an independent contractor under this // / Agreement an the % 's employee for any purposes, including but not limited to, the application of the %/�, or Standards Act minimum wage and overtime payments, Federal Insurance Contributio Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. Page 7 of 16 ARTICLE 11 CONTRACT BOND The CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa- Locka as the obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. ARTICLE 12 CHANGES TO SCOPE OF WORK AND • P % i NAL WORK 12.1 CITY or CONTRACTOR may request change ;r a.,. � increase decrease or otherwise modify the Scope of Services/Basic Services rovide.��;;-r this Agreement as described in Article 2 of this Agreement. Such ch y- . 0. additional se , ust be in accordance with the provisions of the Code of Ordinan •f the CITY and mu contained in a written amendment, executed by the parties here % ith the 0 e formali s with equality and dignity prior to any deviation f from the terms o r;,/< ent, including":' initiation of any additional or extra work. / endment s r' t a minimum include the following project: information on each ro'ect: �j/////��/O/O �j�j�� PR' .0JECT %` Is 4// '%// ES • TED P z, CT COST i ES % ' V% 1ST ''-/A D %`4/ Ct TGE TO PROJECT CONTRACT i/ / OJECT COMPLETION DATE , 12.2 In no%i t will the • • ; • be compensated for any work which has not been � %' described/`''. separate w ' agreement executed by the parties hereto. ARTICLE 13 /TERM AND TERMINATION 13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated,he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. Page 8 of 16 13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue for such time as is contemplated by the Agreement. ARTICLE 14 CONTRACT DOCUMENTS 14.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: This Agreement; CONTRACTOR's proposal as set forth in Exhibit "1y. Specifications, "A", RFP with attachment-A; and any other exhibits thereto,or to this.; ment.. ARTICLE 15 " ' MISCELL, ,;,,7,% S //// // %of. 15.1 Legal Representation: It is acknowledged that each party to this Agreemen ? the unity to be �,sented by counsel j/, ' in the preparation of this Agreemen % " accordingly, ,. a/that a contract all be interpreted strictly against the party preparing sam < ,.�%' ply due er - oint contribution of both parties. 15.2 Assignments: This Agreement, or a in, shall b;- %., sferred or otherwise encumbered, rI, ,•//- under any circumstance j CO % TOR w i e prior i en consent of CITY. For purposes of this Agreement, any ch of o •- ro ship of C e'ACTOR shall constitute an assignment which /��� 7 requires C —/// � �/ ,D -eme �.:pl all run to the CITY and its successors and n al. ,�" " assigns./ 4 15.3 R $: %j/�j CONTRACT . 1 keep boo d rec4s and require any and all subcontractors to keep books and records as ma ecessary 2 G rder to record complete and correct entries as to personnel hours charged to this engag- , and • < -xpenses for which CONTRACTOR expects to be reimbursed, if will applicable. Such books . //��f��. ill be available at all reasonable times for examination and audit by CITY and shall be kept a period of three (3) years after the completion of all work to be performed pursuant to this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 15.4 Ownership of Documents: Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of City. Page 9 of 16 15.5 No Contingent Fees: CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 15.6 Notice: Whenever any party desires to give notice unto any other pity, it must be given by written notice, sent by registered United States mall, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section:..For the present,the CONTRACTOR and the CITY designate the folkwemg as the respective places for giving of notice: CITY: David Chiverton,City Ntanager 780 Fisherman Street„4t'Floor Opa ia,Florida 33054 COPY TO Vincent Brown,City Attorney 7.4 Fisherman Street, 4th Floor Opa-locka, Florida 33054 COPY TO Airia Austin,CIP Director 780 Fisherman Street, 4th Floor Opa-locks, Florida 33054 CONTRACTOR: , Vice President Unitech Builders, Corp. Phone: (305) Fax: (954) E-mail: Page 10 of 16 15.7 Binding Authority: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.8 Exhibits: Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated ,•art of this Agreement and are incorporated herein by reference. i 15.9 Headings: 70/(j %, • Headings herein are for convenience of re -r, e only an y 1 not be considered on any /jaminterpretation of this Agreement. 15.10 Severability: /i y .//�� j '� // X14, . If any provision of this Agree , application :. ' o any person or saltation shall,to any extent, be held invalid or une , , the remain of this Agreement, and the application ,.. of such provisions to persons or s - do -r than ,� s to which it shall have been held invalid or unenforc- • $ - shall not affect-1 'i :-,- by . all continue in full force and effect, and be e ,,--L fullest eX �t pe . ,?,;i„w. / , 15.11. Governing Law. j/ / ce. This °}- t shale - the ( of the State of Florida with venue lying in a � ;,�/ ,Fl .,/ ////��/ 15.12 Dom°. s: //// , / ''';/f.0 i Any cla ,/,‘.bjection, or'/ --+ute aris out of the terms of this Agreement shall be litigated in the Eleven ///h I icial Circ f% ourt in and for Miami-Dade County. 15.13 Attorney's Fees: ///j1 To the extent authoriz.f •y law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 15.14 Extent of Agreement: This Agreement, together with all contract documents, and all exhibits hereto or to the contract documents, represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. Page 11 of 16 15.15 Waiver: Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right there in contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 15.16 Equal Opportunity Employment: CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of ra ;, color, religion, sex, age, national origin, or disability and will take affirmative steps to e1,° at applicants are employed and employees are treated, during employment, without to race, color, religion, sex, age, national origin or disability. This provision shall not be limited to, the following: employment upgrading, demotion or transfer; r ' tme vertising, layoff or termination; rates of pay or other forms of comp,,{ •n; and s 'on for training, including apprenticeships. /X/ i/� ARTICLek> / ��, ;:45 PROC` "0 ,. n days from the date of the The CONTRACTOR shall commence w wi �,, e (5) � g y Notice to Proceed (NTP;;/ • issuance ,erm"�� „ . risdial authorities, whichever r��'" //i . ° �� �i//�i of comes later. No wor ��,�,., .e• ,� ithout y ' --nt be given at least 48 hours notice i' j� o// to commence constru '%',1 at the s� -- ///;7/ Page 12 of 16 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA ATTEST: BY: Joanna Flores,CMC David Chiverton City Clerk City Manager APPROVED AS TO FORM: Vincent Brown, City Attorney UNITECH BUILDERS CORP WITNESSES: (Name& Signature) Authorized Representative (Name&Signature) ATIEST: (Name&Signature) Page 13 of 16 STATE OF FLORIDA COUNTY OF MIAMI-DADE BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of , for the use and purposes ment it and affixed the official seal of ,ij// the corporation, and that the instrument is the act e r at corporation. IN WITNESS OF THE FOREGOINGVi./ ,ve set my hand *fficial seal at in the State / 'irr and County aforesaid on this_day of /4,2016. "EL,.,, //// . �NOTARY PU %1 iss(f ekes. Page 14 of 16 See attached document for Exhibit "A" RFP No. 2016-2502100 Page 15 of 16 See attached document for Exhibit "B" RECEIVED BID PACKAGE BY: UNITECH BUILDERS, CORP. Page 16 of 16 z LOC/r4' • ■Iii=��' �� O 0Z O RFP NO: 2016-2502100 REQUEST FOR FAST-TRACK DESIGN BUILD PROPOSAL (RFP) FOR NW 38TH AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA, FLORIDA 33054 Table of Contents ADVERTISEMENT FOR REQUEST FOR FAST TRACK PROPOSALS 1 1 INTRODUCTION 2 1.1 Purpose 2 1.2 Proposal Submission and Withdrawal 3 1.3 Number of Copies 3 1.4 Development Costs 4 1.5 Inquires 4 1.6 Addendum 4 1.7 Contract Awards 4 1.8 Contractual Agreement 5 1.9 Selection Process 5 1.10 Public Records 5 1.11 News Releases 5 1.12 Insurance 5 1.13 Licenses 6 1.14 Public Entity Crimes 6 1.15 Code of Ethics 6 1.16 Drug Free Workplace 7 1.17 Permits and Taxes. 7 1.18 Protests 7 1.19 Termination for Convenience 7 1.20 Term of Agreement 7 2 DEFINITIONS 7 3 PROPOSAL SCHEDULE 10 4 PRE-BID CONFERENCE 10 5 LATE PROPOSALS 10 6 AMENDMENTS TO PROPOSALS 11 7 ADDENDA 11 8 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 11 9 STATUS INQUIRIES 12 10 INSTRUCTIONS TO PROPONENTS FOR PROPOSAL SUBMISSION 12 10.1 Package 12 10.2 Form of Proposal 12 10.3 Erasure or Corrections 12 10.4 Guaranties 12 10.5 Material 13 10.6 Pricing 13 10.7 Liability,Insurance,Licenses&Permits 13 10.8 Certificate(s)of Insurance 13 10.9 Insurance Rating 13 10.10 Bonding Requirements 14 10.11 Performance and Payment Bond 14 10.12 Governmental Restrictions 14 10.13 Award of Bids 14 10.14 Evaluation of Bids 14 10.15 Identical(Tie Bids) 15 ii 10.16 Hold Harmless 15 10.17 Non-Conformance to Contract 15 10.18 Default Provision 15 10.19 Indemnification 15 10.20 Secondary/Other Vendors 16 10.21 Bid Guarantee 16 10.22 Time of Completion 16 10.23 Signature 16 11 EVALUATION AND SELECTION 17 11.1 Evaluation Team 17 11.2 Evaluation Criteria 17 12 DISCREPANCIES IN PROPONENT'S FINANCIAL PROPOSAL 19 13 LITIGATION 19 14 ADDITIONAL INFORMATION 19 15 INTERVIEWS 19 16 NEGOTIATION OF CONTRACT AND AWARD 20 17 GENERAL CONDITIONS 20 17.1 No City Obligation 20 17.2 Proponent's Expenses 20 17.3 No Contract 21 17.4 Conflict of Interest 21 17.5 Solicitation of Commission Members 21 17.6 Confidentiality 21 iii 18 SCOPE OF WORK 21 BIDDER QUALIFICATIONS 22 PRICE PROPOSAL FORM 23 BID BOND 25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 27 NON-COLLUSION AFFIDAVIT 29 DRUG-FREE WORKPLACE CERTIFICATION FORM 31 iv CITY OF OPA-LOCKA f � 9 Advertisement for Request for Fast Track Proposals • RFP NO: 2016-2502100 rr NW 38TH AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS Fast-Track Design Build Proposals (bids)for NW 38 Avenue Roadway and Drainage Improvements will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman, 4th Floor, Opa-locka, Florida 33054. The Proposals (Bids) are due on Thursday, February 25, 2016 by 1:00 p.m. Any proposals (bids) received after the designated closing time will be returned unopened. The purpose of this Request for Proposals (bids) is to seek service of a qualified professional contractor or registered engineering firm to provide design build services to the City of Opa-locka for NW 38 Avenue Roadway and Drainage Improvements. This project, will be Federally funded, in part or whole through the Miami-Dade County Miami-Dade County Public Housing and Community Development (PHCD) with Community Development Block Grant funds and also State Revolving Fund by Florida Department of Environmental Protection Agency (FDEP) and as such, bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder must comply with all applicable grants and/or State Revolving Fund requirements. 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. An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF format shall be submitted all in sealed envelopes/packages addressed to Joanna Flores, CMC, City Clerk, City of Opa- locka, Florida, and marked Design Build Services for NW 38 Avenue Roadway and Drainage Improvements . Bidders desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 2016-2502100 requirements may also be obtained by visiting the City's website at www.opalockafl.gov (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). The RFPs can also be obtained by visiting www.demandstar.com. Pre-Bid meeting on February 18, 2016 at 10:30 am at Sherbondy Village, 215 Perviz Avenue, Opa-locka, Florida 33054. The City will award the Contract to the lowest, responsive, and best responsible bidder. The City reserves the right to award the Contract deemed to be in the best interest of the City, waive any informality in any proposal or reject any and all proposals. Pricing will be weighed heavily on selecting the bidder, but will not be the sole defining factor. Innovative design as well as local job creation will be seriously considered. The City further reserves the right to award the contract to that bidder whose proposal best complies with the RFP NO: 2016-2502100 requirements. Bidders may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC, City Clerk. Dated: Published: Page I 1 1 Introduction 1.1 Purpose The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide design build services to the City of Opa-locka for the Roadway and Drainage Improvements of NW 38 Avenue A copy of this RFP along with attachments can be obtained from the City of Opa-locka website at www.opalockafi.gov until the expiration date of this solicitation. The bidders are also advised to visit www.opalockacip.com for capital improvement projects information. It is incumbent upon the Respondent to check the website for additional information and/or addendums. Copies of this RFP can also be obtained from the Purchasing Officer at City of Opa-locka, 780 Fisherman St, 4th Floor, Opa-locka, FL 33054. If you have any questions, please call the contact identified below as it relates to your concern. Written questions regarding the substance of the RFP or scope of services must be submitted via e-mail to the City of Opa- locka contact listed eight (8) calendar days prior to the deadline indicated below. Responses are due prior to the deadline indicated above and must be delivered or mailed to the City of Opa-locka City Clerk's Office located at 780 Fisherman St. 4th Floor, Opa-locka Fl 33054. Late responses will not be accepted — NO EXCEPTIONS. The awarded bidder must comply with grants requirements as the project is partially and/or funded by the Community Development Block Grant (CDBG) and/or State Revolving Fund (SRF) and/or will be funded any other available grants/funds. The grant(s) and/or SRF compliance requirements will be included in the contract agreement. Listed below are a few of the laws, rules, and regulations that apply to state and federal funds. State Funds • Section 215.97, Florida Statutes • Project CSFA# (Catalog of State Financial Assistance) • Compliance Supplement • Miami-Dade County Public Housing and Community Development (PHCD) of Financial Services - Reference Guide for State Expenditures • Any applicable Florida Administrative Code • State agency rules, policies, etc. Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. Page 12 The bidders are required to comply/provide the following: > List of minority and women's (M/WBE), Disadvantage Business Enterprise (DBE) subcontractors, stating name, address, whether minority or women's business, and anticipated subcontractor amount. Include current certifications for each DBE/ MBE/WBE subcontractor. Also, note if the prime contractor is DBE/ MBE/WBE > Certification of affirmative steps for DBE/MBE/WBE participation, signed by the project's Authorized Representative. > American Iron and Steel Provisions of P.L. 11-76 (Attachment C) > SRF Supplementary Conditions (Attachment D) > Davis Bacon wage rates for agreements (Attachment E) Note that bidder is required to pay workers on this project at least 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. 1.2 Proposal Submission and Withdrawal The City must receive all proposals in a sealed envelope by August 14, 2015 by 1:00 p.m. The proposals shall be submitted at the following address: CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street 4th Floor Opa-locka, Florida 33054 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFP NO: 2016-2502100, Bidder Name: . This package shall also include the Bidder's return address. Bidders may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Bidder. The City cautions bidders to assure actual delivery of mailed or hand-delivered proposals directly to the City Clerk's Office at 780 Fisherman St, 4th Floor, Opa-locka, Florida 33054, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 953-2800 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Bidder(s). 1.3 Number of Copies Bidders shall submit all originals and total of six (6) copies, and one additional copy on CD's PDF of the proposal in a sealed, opaque package marked as noted above. The Bidder will be Page 13 responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1.4 Development Costs Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Qualifications. Bidders should prepare their proposals simply and economically, providing a straightforward and concise description of the Bidder's ability to meet the requirements of the RFP. 1.5 Inquires Interested Bidders may contact the City's Purchasing Officer regarding questions about the proposal in writing by email to rmckay @opalockafl.gov or by facsimile at (305) 953-2900. No verbal communication should be allowed at any level or time. The Interim City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) calendar days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Bidders to various portions of the RFP NO: 2016-2502100 so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP NO: 2016-2502100 or give information as to the requirements of the RFP NO: 2016-2502100 in addition to what is contained in the written RFP NO: 2016-2502100 document. 1.6 Addendum The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may e-mail written addenda up to six (6) calendar days before the date fixed for receiving the proposals. Bidders shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP NO: 2016-2502100 opening will not be binding. All Bidders are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1.7 Contract Awards The City anticipates entering into an Agreement with the Bidder who submits the proposal based on the lower and most responsive bid, in compliance with HUD, Miami-Dade County, and the City of Opa-locka procurement requirements. The Bidder understands that this RFP NO: 2016-2502100 does not constitute an offer or an Agreement with the Bidder. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been Page 14 identified, approved by the appropriate level of authority within the City and executed by all parties. The City and Miami-Dade County reserve the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 1.8 Contractual Agreement This RFP NO: 2016-2502100 shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Bidder response. Any and all legal action necessary to enforce the award will be held in Miami-Dade County and the contractual obligations will be interpreted according to the laws of Florida 1.9 Selection Process The proposals will be evaluated and ranking by points will be used for the purpose of evaluating the company's history, experience, financing conditions, and the like. The base in selection will be the lower competitive quote among the most responsive and responsible bids. City will send the selected bidder(s) bid package to Miami-Dade County Public Housing and Community Development (PHCD) of Housing and Community Development (DHCD)for review and approval. 1.10 Public Records Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Bidders must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. 1.11 News Releases The Bidder shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFP NO: 2016-2502100 or the service, study or project to which it relates. 1.12 Insurance The awarded Bidder(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Bidder is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Bidders' insurance coverage, Page 15 policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/$2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4. The City and Miami-Dade County listed as additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30-day written notice of cancellation. 1.13 Licenses Bidders, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP NO: 2016-2502100 submittal. The proposal of any Bidder who is not fully licensed and certified shall be rejected. 1.14 Public Entity Crimes Award will not be made to any person or affiliate identified on the Miami-Dade County Public Housing and Community Development (PHCD) of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP NO: 2016-2502100 proposal forms, Bidder attests that they have not been placed on the "Convicted Vendor List". 1.15 Code of Ethics If any Bidder violates or is a party to a violation of the code of ethics of the City of Opa-locka or the State of Florida with respect to this proposal, such Bidder may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-Iocka. Page 16 1.16 Drug Free Workplace Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 1.17 Permits and Taxes The Bidder shall procure all permits, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 1.18 Protests Protests of the specifications and other requirements of the Request for Proposals must be received in writing by the Interim City Clerk's Office at least ten (10) working days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the bid or contract must be in writing and received in the Interim City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1.19 Termination for Convenience A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made (if applicable) for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 1.20 Term of Agreement It is the intent of the City to award an Agreement to a contractor until the completion of this project with a projected completion time not to exceed 180 Calendar Days. 2 Definitions In this RFP the following definitions shall apply: City: The City of Opa-locka; Page 17 City Website: www.Opalockafl.gov Miami-Dade County PHCD: Miami-Dade County Public Housing and Community Development SRF: State Revolving Fund FDEP: Florida Miami-Dade County Public Housing and Community Development (PHCD) of Environmental Protection Agency Contract: A formal written contract between the City and a Preferred Proponent to undertake the Services. Evaluation Team: The team appointed by the City; Preferred Proponent(s): The Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; Proponent: An entity that submits a Proposal; Bidder: A licensed contractor submitting in response to this RFP; RFP: Request for Proposals (bid); Services: The meaning of any and all design build and administration work necessary to complete this project Site: The place or places where the Services are to be performed; and Acceptance: By the City of the Work as being fully complete in accordance with the contract documents subject to waiver of claims. Agreement: The written Agreement between the CITY and the CONTRACTOR covering the work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: The AIA form furnished by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices and the time for the Work to be performed. Page 18 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. The shop drawings must be approved by the City Engineer/engineer of record. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Plans and Specifications: Those portions of the Design Criteria issued by the City Engineer/Engineer of Record consisting of written technical descriptions of materials, equipment, design build systems, standards and workmanship as applied to the Work. Sub-contractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the CONSULTANT when the design build of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents. Final Completion: Upon compliance by the contractor with final punch list and receiving the final payment including the 10% retainage. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY through the CONSULTANT. Page 19 3 Proposal Schedule Closing Time and Address for Proposal Delivery Proposals must be received by the office of: Office of the City Clerk 780 Fisherman Street Opa-locka, Florida 33054 Proposals are due no later than: Thursday, February 25, 2016 bv1:00 p.m (local time). The City will open Proposals in a public setting. Bid Opening Date & Time: Thursday, February 25, 2016 bv1:10 p.m (local time). Bid Opening Location: 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Bid Evaluation Date & Time: Thursday, March 3, 2016 at10:00am (local time) Bid Evaluation Location: 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 4 Pre-Bid Conference A mandatory information meeting (pre-proposal meeting) will be hosted by the City Representative to discuss the City's requirements under this RFP (the "Information Meeting") on Thursday, February 18, 2016 at 10:30 am at Sherbondy Village, 215 Perviz Ave, Opa-locka, Florida 33054. 5 Late Proposals Proposals received after the Bid 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. Page 110 6 Amendments to Proposals Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Bid 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 RFP 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 Phone: 305-953-2868 ext. 1307 Fax: 305-953-2900 Email: rmckavCc�opalockafl.gov Inquiries should be made no later than eight (8) calendar days before Bid Time. The City reserves the right not to respond to inquiries made within eight (8) calendar days of the Bid Time. Inquiries and responses will be recorded and will be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, 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 RFP, the City Representative will issue an addendum. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 7 Addenda If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City Website at www.Opa-lockafl.gov (the "City Website") as well as on www.demandstar.com and upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the Websites. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website at www.Opalockafl.gov (the "City Website") as well as on www.demandstar.com. 8 Examination of Contract Documents and Site Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. Page ill 9 Status Inquiries All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 10 Instructions to Proponents for Proposal Submission 10.1 Package Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. The Proponent's RFP package must have hard cover placed in a three ring binders. The package must include table of contents with page numbers. 10.2 Form of Proposal Proponents shall use the Form(s) furnished by the City. Failure to do so may cause the rejection of the submittal. Removal of any of the response to the RFP may invalidate the submittal. Proponents shall deliver to the City: a) The RFP and Instructions to Proponents. b) A copy of all issued addendum. C) seven (7) copies of the RFP response Form completely executed. d) Bid Security, (Bid Bond or cashiers check) attached to the Bid Form. e) Certificates of Competencies, State, County and City Licenses. f) Certificate of Insurance and or Letter of Insurability. g) Labor standard and section 3 compliance, signed. The entire Bid Package shall be placed in an opaque envelope and clearly marked with the PROPONENT'S name. 10.3 Erasure or Corrections Bids having an erasure or corrections must be initialed by the PROPONENT in ink. Bids shall be signed in ink; all quotations shall be typewritten or printed and filled in with ink. 10.4 Guaranties No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the Bid proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this RFP. Page 112 10.5 Material Material(s) delivered to the City under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to the City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller's expense. The NOA and ADA compliance are mandatory whenever applicable. 10.6 Pricing Prices must be lump sum total price in the bid form based on the understanding of the design criteria documents. Contractor must mention all the items included in the bid. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 10.7 Liability, Insurance, Licenses & Permits Where PROPONENTS shall be required to furnish a certified copy of all licenses, Certificates of Competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Florida Building Code, Miami-Dade County or City of Opa- locka Code. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licenses will be grounds for rejecting the Bid and forfeiture of the Bid Bond. 10.8 Certificate(s) of Insurance At the time of the Bid submission the PROPONENT must submit Certificates of Insurance, or evidence of insurability in the form of a letter from PROPONENT'S insurance carriers. PROPONENT shall indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in Article 5 of the General Conditions, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Opa- locka and Miami-Dade County shall be named as "additional insured" with respect to this coverage. 10.9 Insurance Rating All insurance shall be issued by companies rated A or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. It shall be the responsibility of the PROPONENT and insurer to notify the City Manager of cancellation, lapse or material modification of any insurance policies insuring the PROPONENT, which relate to the activities of such vendor and the City of Opa-locka. Such notification shall be in writing, and shall be submitted to the City Manager thirty (30) days Page 113 prior to cancellation of such policies. This requirement shall be reflected on the Certificate of Insurance. 10.10 Bonding Requirements The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security. 10.11 Performance and Payment Bond 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. 10.12 Governmental Restrictions In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful PROPONENT to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of Opa-locka reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 10.13 Award of Bids The City of Opa-locka reserves the right to award the bid to the lowest, most responsive, responsible PROPONENT, as determined by the City Commission, however the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to PROPONENTS other than the low PROPONENT. 10.14 Evaluation of Bids The City, at its sole discretion, reserves the right to inspect any/all PROPONENT'S facilities to determine its capability of meeting the requirements for the Contract. Also, price, responsibility and responsiveness of the PROPONENT, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Page 114 10.15 Identical(Tie Bids) Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace. That is, in the event of an identical Tie Bid, a preference shall be given to a business having a drug free workplace under Florida Statute Section 287.087, as amended. In case both bidders have a drug free workplace the preference will be given to local bidders or has commitment to include local sub-contractor(s). Failure to provide proof of compliance when requested shall be cause for rejection of the Bid as determined by the City. 10.16 Hold Harmless All PROPONENTS shall hold the City, Miami-Dade County, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a Bid, as applicable. 10.17 Non-Conformance to Contract The City of Opa-locka may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the vendor at its own expense and redelivered at its expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contract being found in default. 10.18 Default Provision In case of default by the PROPONENT or CONTRACTOR, the City of Opa-locka may procure the articles or services from other sources and hold the PROPONENT or CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 10.19 Indemnification The CONTACTOR shall indemnify, save harmless, and defend the City of Opa-locka, Miami- Dade County, it's officers, agents and employees from and against any claims, demands or causes of action or nature arising out of error, omission, negligent act, conduct, or misconduct of the CONTRACTOR, its agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and/or from any procurement decision of the CITY and Miami-Dade County including without limitation, awarding the Contract to the CONTRACTOR. Page 1 15 10.20 Secondary/Other Vendors The CITY reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 10.21 Bid Guarantee The successful PROPONENT shall execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. The PROPONENT who has the Contract awarded to him and who fails to furnish the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as liquidated damages by the City. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 10.22 Time of Completion The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. The estimated time for the completion of the work is 180 days. There shall be a $750 a day liquidated damages for every day that the project is not completed per the agreed upon schedule. 10.23 Signature The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. 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. Page 116 11 Evaluation and Selection 11.1 Evaluation Team The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team will have five (5) members and must be selected by the City Manager. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Capital Improvement Projects Director/City Engineer will give a written recommendation in accordance with the evaluation team recommendations for the selection of a Preferred Proponent or Preferred Proponent(s) to the City. The selection recommendation supported by the evaluation team recommendations may be forwarded to the funding agency(ies) for approval if required for compliance. 11.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) EXPERIENCE & REFERENCES The City will consider the proponent's past experience in undertaking similar projects in type, scope, and budget and complexity: 15 pts. The Evaluation Team will consider the Proponent's organization and proposed project team past experience in undertaking similar design build projects in type, scope, budget and complexity. Proponent shall identify its past experience for providing Services that are MOST RELATED TO THIS PROJECT within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed: • Project name, location, contract delivery method, and description • Original and Final design build costs • Final project size in liner feet of alignment • Name of Project Manager • Names of Subcontractors References (for each project listed above, identify the following): • The Owner's representative, Architect/Engineer's name and telephone number. • All information shall be considered relevant based on specific project participation and experience with the respondent. • The Owner may contact references during any part of this process. Page I 1 • The Owner reserves the right to contact any other references at any time during the RFP process. (b) FINANCIAL ABILITY AND RESOURCES The Evaluation Team will consider the Proponent's organization financial ability and resources to carry out the project: 5 pts. (c) LOCAL WORK FORCE PARTICIPATION The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with project area businesses. The bidders are encouraged to demonstrate intent to hire local resident within the city limits. Project specific policy to hire local residents with numbers, i.e. how many project specific employees are projected to be hired from the city is expected to be included in the bid package: 15 pts. (d) SCHEDULE AND QUALITY CONTROL The City will consider the Proponent's proposed project Quality control with timeline inclusive of mobilization and completion: 5 pt. The Evaluation Team will consider the Proponent's organization proposed project timeline inclusive of mobilization, design build schedule, milestones, closeout and completion. (e) PRICE PROPOSAL The Evaluation Team will consider the proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards: 60 pts. The Evaluation Team will consider the Proponent's responses to attached questionnaires and all other forms and documents being a part of this RFP and Proponent's submittal. Items a to e will comprise a technical review as further described in this RFP. Item f will represent the price proposal. The 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 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. Page 118 12 Discrepancies in Proponent's Financial Proposal If there are any obvious discrepancies, errors or omissions in the Price Proposal (Proponent's Financial Proposal), then the City shall be entitled to make obvious corrections, but only if, and to the extent, the corrections are apparent from the Proposal as submitted, and in particular: (a) If there is a discrepancy between a unit price and the extended total, then the unit prices shall be deemed to be correct, and corresponding corrections will be made to the extended totals; (b) If a unit price has been given but the corresponding extended total has been omitted, then the extended total will be calculated from the unit price and the estimated quantity; and, (c) If an extended total has been given but the corresponding unit price has been omitted, then the unit price will be calculated from the extended total and the estimated quantity. 13 Litigation In addition to any other provision of this RFP, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 14 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. 15 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 a public setting. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. Page 119 16 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 terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP 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 the lowest, responsive, and responsible bidder's Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. 17 General Conditions 17.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 17.2 Proponent's 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 consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants 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 RFP. Page 120 17.3 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. 17.4 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. 17.5 Solicitation of Commission Members Proponents and their agents will not contact any member of the City Commission and Evaluation Team, or City staff with respect to this RFP at any time prior to the award of a contract or the termination of this RFP, and the City may reject the Proposal of any Proponent that makes any such contact. Miami-Dade County PHCD will review and approve the City's proposal to award the contractor's selection. Contactor must comply with Davis Bacon labor standards and section 3. Contractor must comply with all state, county, and City requirements, FBC, and NOA and ADA. 17.6 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 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 18 Scope of Work The Contractor shall perform the complete work as required for NW 38 Avenue Roadway and Drainage Improvements or reasonably inferable there from, including permits, all demolition and design build services, supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for the completion of the work. Page X21 t.k^ • BIDDER QUALIFICATIONS RFP NO:2016-2502100 The Bidder, as a result of this proposal, MUST hold a County and/or Municipal Contractor'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 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the bidders 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 Contractors, in the sole opinion of the City of Opa-locka,can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page X22 PRICE PROPOSAL FORM RFP NO:2016-2502100 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 ($ 1 Attach the itemized price based on the City's Design Criteria. 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 of$750 daily. 2. Communications concerning this Bid shall be addressed to: PROPONENT: Address: Telephone: Facsimile: Attention: 3. The terms used in this RFP which are defined in the General Conditions of the Design build Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Page X23 SUBMITTED THIS DAY OF 2015. BID SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Fax Number Bid Signature Email Address Title Page 124 c,n n • dl.;ri'L BID BOND RFP NO:2016-2502100 PROJECT NAME: STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that we, , as Principal,and , as Surety, are held and firmly bound unto the City of Opa-locka, a municipal corporation of the State of Florida in the sum of Dollars ($ ), 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 , 2015 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 demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Page X25 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 2016,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/Zip) (Business Phone) ATTEST: Secretary (Corporate Surety)* By: *Impress Corporate Surety Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Miami-Dade County Public Housing and Community Development (PHCD)'s most current list(circular 570 as amended) and be authorized to transact business in the State of Florida. Page 126 <rk' �VL RFP NO:2016-2502100 CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Bidder certifies,to the best of its knowledge and belief,that the Bidder 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 Bidder 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 Bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Bidder 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 Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Bidder non-responsive. Page X27 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 Bidder 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 Bidder 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 CONTRACTOR COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 128 n r NON-COLLUSION AFFIDAVIT RFP NO:2016-2502100 STATE OF FLORIDA COUNTY OF MIAMI-DADE being first duly sworn,deposes and says that: 1. He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPONENT that has submitted the attached proposal; 2. He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is 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. Page 129 Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the day of , 2015 before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Notary Public,State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print,Stamp or type as commissioned.) _Personally known to me,or Personal identification: Type of Identification Produced Did take an oath,or _Did not take an oath Page 130 • li::iv_ • DRUG-FREE WORKPLACE CERTIFICATION FORM RFP NO:2016-2502100 Whenever two (2) or more bids/proposals,which are equal with respect to price,quality,and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087,Florida Statutes. This Certification is submitted by ,as ( Name) the 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 131 MIAMI-DADE COUNTY PUBLIC HOUSING AND ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: City of Opa-Locka Project Name: NW 38th Avenue Roadway and Drainage Improvements Project Address: NW 38 Ave. extends from South of NW 125 St.to the intersection of NW 132 St.&NW 37 Ave. Prepared by Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: • Notice to Bidders/Prospective Contractor(s) • Statement of Bidder's Construction Experience • Certification Receipt • Insurance Requirements • Provisions to be Incorporated in Construction Contracts: o 1)Davis-Bacon Act, o 2)Termination, o 3)Access to Records and Record Retention, • Non-Collusion Affidavit • Certification Regarding Lobbying • Affirmative Action Standards • Certification of Compliance with Part 60-2:Affirmative Action Programs • Other Required Certifications: o 1)Equal Employment Opportunity, o 2)Affirmative Action, o 3)Americans with Disabilities Act, o 4)Copeland Anti-Kickback, o 5)Byrd Anti-Lobbying Amendment, o 6)Full Disclosure by the Contractor/Bidder, o 7)Non-Discrimination Clause, o 8)Age Discrimination Act of 1975 as Amended,and o 9)Section 504 of the Rehabilitation Act of 1973 as Amended. • Certification Regarding Drug Free Workplace(Grantees Other than Individuals) • Assurance of Compliance(Section 3, HUD Act of 1968) • Section 3 Requirements • Section 3 Clause • Bidder's Initial Section 3 Goals • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions(Certification Document and Instructions) • Equal Employment Opportunity(EEO)Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with Disabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) • Equal Employment Opportunity(EEO)Clause for Contractors Subject to EO 11246 • Certification of Nonsegregated Facilities • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities • Notice of Requirement-Clean Water,Clean Air, EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations o Clean Air Act, o Federal Water Pollution Control Act,and o Lead-Based Paint Poisoning Prevention Act • Certification Regarding Debarment,Suspension,and Other Responsibility Matters(Direct Recipient) • Public Entity Crimes Affidavit • Davis-Bacon Wage Decision FL160221 01/08/12016-FL221 Highway • Federal Labor Standards Provisions(Form HUD-4010) 1-BID PACKAGE Miami-Dade County PHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) This project, in whole or in part, will be assisted through the Miami-Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the project) 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 Contractor: 2. Prime Contractor Address: 3. Name of each principal officer of corporation, partner, firm or individual: 4. Gender and Ethnicity of Principals: 5. Company Qualifier: 6. Years in Business: 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax/retum, U.S. Treasury Department. License Number: State: 8. Contractor's Certification Categories: 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) 10. Contractor's on-going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). 11. Have you ever failed to complete any work awarded to your company? If so, where and Why? Page 1 of 2 3-STATEMENT OF BIDDER'S 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 (agency name) and Miami-Dade County with regard to any disclosures or information received, whether at trial, in arbitration or on appeal. (initials) 15. The Bidder authorizes any person, firm corporation, organization or governmental unit to act on a copy of the submitted financial statement. (initials) 17. The undersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by the (name of agency) in verification of the recitals comprising this statement of bidder's experience (initials) SUBSCRIBED AND SWORN TO (or affirmed) before me on Date By . He/She is personally known to me or has presented (Affiant) as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp Name of Notary) (Expiration Date) Notary Notary Seal Public (State) Page 2 of 2 3-STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County PHCD Page 5 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project FL160221 01/08//2016-FL221 Highway (Name of project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the—requirements contained in Wage General Decision Number FL160221 01/08//2016-FL221 Highway that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL160221 01/08//2016-FL221 Highway for this project. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) and Email Address Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 4-CERTIFICATION RECEIPT Miami-Dade County PHCD INSURANCE REQUIREMENTS Page 6 The term "Contractor", as used in this document, refers to the entity providing construction type services. The terms `owner" and "sub-recipient" are used interchangeably, and refer to the entity receiving Federal funds directly from PHCD. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s)and original policies described hereunder. A. New Construction projects include construction of a new building; addition of dwelling units outside the existing walls of a structure,etc. B. Major Rehabilitation includes additions to existing buildings;installation of new infrastructure; rehabilitation of existing structures(costs at or over 25%of the value of the property),etc. C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures—moderate home rehab; repairs and rehab to homes such as installation of new windows,shutters,doors, interior renovation,(costs not to exceed 25%of the value of the property);and the actual acquisition of land and for the purpose of developing affordable housing units(does not include actual construction of the units). D. Commercial Revitalization includes rehab to the facade of existing structures to enhance the neighborhood and its surroundings. II. Insurance required by project type: PROJECT TYPE REQUIRED CERTIFICATE(S)OF INSURANCE A. New Construction B. Major Rehabilitation Worker,s Compensation Insurance-for all employees of the C. Minor Rehabilitation and Land Acquisition Contractor as required by Florida Statute 440. D. Commercial Revitalization A. New Construction Professional Liability Insurance-in the name of the Contractor or the B. Major Rehabilitation licensed design professional employed by the Proposer in an amount of not less than$250,000. Commercial General Liability—on a comprehensive basis,including Explosion,Collapse and Underground Liability coverage in an amount D. Commercial Revitalization not less than$300,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. Commercial General Liability—on a comprehensive basis,including Explosion,Collapse and Underground Liability coverage in an amount C. Minor Rehabilitation and Land Acquisition not less than$500,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. Commercial General Liability—on a comprehensive basis,including A. New Construction Explosion,Collapse and Underground Liability coverage in an amount B. Major Rehabilitation not less than$1,000,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. A. New Construction Automobile Liability Insurance-covering all owned,non-owned and B. Major Rehabilitation hired vehicles used in connection with the work,in an amount not less C. Minor Rehabilitation and Land Acquisition than$500,000 combined single limit per occurrence for bodily injury and D. Commercial Revitalization property damage. Completed Value Builder,s Risk Insurance-on al All Risk°basis in A. New Construction an amount not less than one hundred(100%)percent of the insurable B. Major Rehabilitation value of the building(s)or structure(s). The policy shall be in the name of the sub-recipient and the Contractor,and Miami-Dade County must be listed as a loss payee. All insurance requirements must be verified at the time of the pre-construction meeting. Page 1 of 2 6-INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 7 III. All insurance policies required above all shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk"which may be dropped after substantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. V. Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. Page 2 of 2 6-INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 8 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 FL160221 01/08//2016-FL221 Highway or this project." E. 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 Public Housing and Community Development(PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Initials Page 1 of 3 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 9 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 PHCD a release from its contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract, in whole or in part,when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four(24) hours' notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's/Owner's right to legal or equitable remedies. Initials Page 2 of 3 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 10 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. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3) years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami-Dade Public Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Initials Page 3 of 3 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 11 NONCOLLUSION AFFIDAVIT STATE OF: COUNTY OF: , being first duly sworn, deposes and says that: (1) He/she is of , the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the (Local Public Agency)or any person interested in the proposed Contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of , 20 My commission expires: 8-NONCOLLUSION AFFIDAVIT Miami-Dade County PHCD Page 12 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements in excess of$100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreement in excess of$100,000)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. By: Print: Title: Date: Business Address: 9-CERTIFICATION REGARDING LOBBYING Miami-Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents,and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff, or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation, and coercion and to where possible, assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source, or community organization, and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. Initials Page 1 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 14 To Demonstrate Compliance: Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must(a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards(in the office and on all job sites); (c)put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. Initials Page 2 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 15 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. To Demonstrate Compliance: Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of(a) letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b)advertisement that has the EEO"tagline"on the bottom;and(c)letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written,to minority,women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or other training by any recruitment source,the contractor will send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings)with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1)month prior to the acceptance of applications for training (apprenticeship or other)describing the openings, screening procedures, and tests to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and women and provide, where reasonable, school, summer and vacation employment to minority and female youth both on-site and in other areas of the workforces. Initials Page 3 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 16 To Demonstrate Compliance: Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts(written and oral) with minority and women employees requesting their assistance in recruiting other minorities and women, and record results. If contractors normally provide after-school, summer, and vacation employment, it must have copies of letters to organizations under Item 9 describing those opportunities and must have responses received and results noted on letters or in a follow-up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence (letter, memos, personnel files, reports)that: (a)the activity under Item 12, above, has been carried out; (b)any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c)the EEO officer reviews all monthly workforce reports, hiring,terminations,and training provided on the job;(d)the EEO officers job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e)the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. Initials Page 4 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 17 To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties, picnics, etc. have been posted and have been available to all employees; have written copies of contracts (written or verbal) with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, including circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation; have a list of all minority or female subcontracts awarded or joint ventures participated in with dollar amounts; have copies of solicitations sent to minority and women's contractor associations or other business associations. 16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative action posture. Initials Page 5 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 18 CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has ( ) has not ( ), participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has ( ) has not ( ) developed a written affirmative action compliance program for each of his establishments; that he has ( ) has not ( ), filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 11-CERTIFICATION OF COMPLIANCE WITH PART 60-2 AFFIRMATIVE ACTION PROGRAMS Miami-Dade County PHCD Page 19 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has _, has not _, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has _, has not _ filed all required compliance reports; and that representations indicating submission of the required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) B. AFFIRMATIVE ACTION The bidder represents that(a)it has_developed and has on file, has not developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not_ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he is otherwise entitled. By submission of this bid,the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page 1 of 3 12-OTHER CERTIFICATIONS Miami-Dade County PHCD Page 20 E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of$100,000 or more: Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the recipient. F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI-DADE COUNTY AT TIME OF AWARD. This certification applies to a contract or subcontract in excess of$25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. G. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. Page 2 of 3 12-OTHER CERTIFICATIONS Miami-Dade County PHCD Page 21 H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other Page 3 of 3 12-OTHER CERTIFICATIONS Miami-Dade County PHCD Page 22 CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F,for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami-Dade County PHCD Page 23 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state,zip code) Check ❑ if there are workplaces on file that are not identified here. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other Page 2 of 2 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami-Dade County PHCD Page 24 ASSURANCE OF COMPLIANCE (Section 3. HUD ACT of 1968) TRAINING,EMPLOYMENT,AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this(contract)(agreement)is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135 (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this(contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project;the making of a good faith effort,as defined by the regulation,to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant) (recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the(applicant)(recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: SIGNATURE: ADDRESS: DATE: 14-ASSURANCE OF COMPLIANCE(Section 3,HUD ACT of 1968) Miami-Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan,which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category(type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph (a)and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signinq 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 what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3, please contact: Jorge I. Rendon, Compliance Reviewer Public Housing and Community Development 701 NW 18t Court, 16th Floor Miami, Florida 33136 Office: 786-469-2155 Email:jrendonlc( miamidade.gov Initials Page 2 of 2 15-SECTION 3 REQUIREMENTS Miami-Dade County PHCD Page 27 SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170Iu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Initials 16-SECTION 3 CLAUSE Miami-Dade County PHCD Page 28 BIDDERS INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs(skilled, semiskilled, unskilled, labor, and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least percent(%)from the Section 3 Covered Area(Dade County, Florida). 4. The Bidder estimates that percent(%)of those materials purchased for use on this project will be from business located in the Section 3 Covered Area(Dade County, Florida) I, (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public Housing and Community Development. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 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 contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective 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,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 2 of 3 18-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other Page 3 of 3 CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 32 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion,sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment,without regard to their race, color religion,sex, or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 19-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 33 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: recruitment, advertising, and job application procedures; ii. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of pay or any other form of compensation and changes in compensation; iv. job assignments,job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. leaves of absence, sick leave, or any other leave; vi. fringe benefits available by virtue of employment,whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 1 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD Page 34 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency,there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management,those positions that will be filled from within the contractors 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 contractors organization means employment openings for which no consideration will be given to persons outside the contractors organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 7) The Contractor agrees to comply with the rules, regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Page 2 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County 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 contractors 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. Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other Page 3 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD 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,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 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. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as follows: A. GOALS FOR MINORITY UTILIZATION, All Trades: Area Covered: Dade County, Florida Goals and Timetables * Timetable Trade Goal Until Further Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables* Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. Inkials Page 1 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 for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami-Dade County, Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 60-4.3 (a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. Initials Page 2 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County 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, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Initials Page 3 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 41 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1.As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black(all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic(all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). -Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Initials Page 4 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 42 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: Initials Page 5 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 43 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individual working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. Initials Page 6 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 44 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. Initials Page 7 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 45 I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations or offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (7)a. through (7) p. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under(7) a. through (7) p. of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Initials Page 8 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. Initials Page 9 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 47 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Initials Page 10 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 48 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 49 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. By: Print: Title: Date: Business Address: Page 2 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 By: Print: Title: Date: Business Address: 24-CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County 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, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer ID#/FID#: Full Address (including City, ST and Zip) Authorized Signature: Print Name: Title: Check one, as applicable: Contractor Subcontractor Other 25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County PHCD Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of$100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has( ), has not ( ) been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 ISC 1857c-8)and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318)relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, Environmental Protection Agency (EPA) indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities; and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. Name of Bidder Authorized Signature Date 26-NOTICE OF REQUIREMENT FOR CLEAN WATER,CLEAN AIR,EXCEUTIVE ORDER(E.O.)11738 AND EPA REGULATIONS PROVISION Miami-Dade County PHCD Page 53 CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Name of Bidder Signature Date Official Address(including Zip Code) 27-CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Miami-Dade County PHCD Page 54 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510- 1.The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local)terminated for cause or default; and 2. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Name of Bidder Signature Date Official Address(including Zip Code) 28-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS(DIRECT RECIPIENT) Miami-Dade County PHCD Page 55 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by (Print individual's name and title) For (Print name of entity submitting sworn statement) whose business address and if applicable its Federal Employer Identification Number(FEIN) is If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust,fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 1 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prima fade 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 PHCD Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of , 20 Personally known Or produced identification Notary Public-State of My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) Page 3 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 58 1/2W2016 www.wdol.gov/wdd/scafiles/davisbaccn/FL221.dvb?v=0 General Decision Number: FL16O221 01/08/2016 FL221 Superseded General Decision Number: FL2O15O221 State: Florida Construction Type: Highway County: Miami-Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * ELECO349-002 09/01/2014 Rates Fringes ELECTRICIAN $ 30.11 10.06 SUFL2O13-039 08/19/2013 Rates Fringes CARPENTER $ 17.84 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Form Work $ 15.49 0.00 FENCE ERECTOR $ 12.82 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 15.07 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman) $ 11.16 0.00 INSTALLER - GUARDRAIL $ 13.43 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 18.43 0.00 Mtp://www.wdd.gov/wdd/scafiles/davisbacon/FL221.dvb?v=0 1/6 1/28/2016 www.wdd.gov/wdd/scafiles/davisbacon/FL221.dvb?v=0 IRONWORKER, STRUCTURAL $ 16.42 0.00 LABORER (Traffic Control Specialist incl. placing of cones/barricades/barrels - Setter, Mover, Sweeper) $ 11.59 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor $ 12.31 0.00 LABORER: Common or General $ 10.69 0.00 LABORER: Flagger $ 12.53 0.00 LABORER: Grade Checker $ 12.41 0.00 LABORER: Landscape & Irrigation $ 9.02 0.00 LABORER: Mason Tender - Cement/Concrete $ 13.91 3.50 LABORER: Pipelayer $ 15.02 0.00 OPERATOR: Backhoe/Excavator/Trackhoe $ 16.24 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader $ 12.88 0.00 OPERATOR: Boom $ 18.95 0.00 OPERATOR: Boring Machine $ 15.29 0.00 OPERATOR: Broom/Sweeper $ 13.01 0.00 OPERATOR: Bulldozer $ 16.77 0.00 OPERATOR: Concrete Finishing Machine $ 15.44 0.00 OPERATOR: Concrete Saw $ 14.43 0.00 OPERATOR: Crane $ 22.46 0.00 OPERATOR: Curb Machine $ 20.74 0.00 OPERATOR: Distributor $ 13.29 0.00 OPERATOR: Drill $ 14.78 0.00 OPERATOR: Forklift $ 16.32 0.00 OPERATOR: Gradall $ 14.71 0.00 OPERATOR: Grader/Blade $ 20.22 3.85 OPERATOR: Loader $ 15.53 0.00 MIpi/www.wdcl.gov/wdol/scafiles/davisbacon/FL221.dvb?v=0 2/6 1/2W2016 www.wdol.gov/wdol/scafiles/davisbacon/FL221.dvb?v=O OPERATOR: Mechanic $ 18.03 0.00 OPERATOR: Milling Machine $ 14.67 0.00 OPERATOR: Oiler $ 16.32 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 13.61 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 14.45 0.00 OPERATOR: Roller $ 13.67 0.00 OPERATOR: Scraper $ 12.01 0.00 OPERATOR: Screed $ 14.15 0.00 OPERATOR: Tractor $ 12.19 0.00 OPERATOR: Trencher $ 14.74 0.00 PAINTER: Spray $ 16.52 0.00 SIGN ERECTOR $ 12.96 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation $ 19.07 0.00 TRUCK DRIVER: Distributor Truck $ 14.96 2.17 TRUCK DRIVER: Dump Truck $ 12.19 0.00 TRUCK DRIVER: Flatbed Truck $ 14.28 0.00 TRUCK DRIVER: Lowboy Truck $ 15.07 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Vactor Truck $ 14.21 0.00 TRUCK DRIVER: Water Truck $ 13.17 1.60 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)). Mtp://www.wdd.gov/wdd/scafiles/davisbacaNFL221.dvb?v=0 36 1/282016 www.wdol.gov/wdol/scafiles/davisbacon/FL221.dvb?v=0 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. Mtpl/www.wdol.gov/wdcl/scafiles/davisbacon/FL221.dvb?v=0 4/6 1/28/2016 www.wdd.gov/wdd/scafiles/davisbacon/FL221.dvb?v=0 A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. htlp://www.wdd.gov/wdol/sca files/davisbacoNFL221.dvb?v-0 5/6 1/28/2016 www.wdol.gav/wdol/scafiles/davisbacoMFL221.dvb?v=0 Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION hhtt://www.wdol.gov/wdol/scafiles/davisbaconlFL221.dvb?v=0 g/6 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs (c) In the event the contractor, the laborers or mechanics incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work in a workers performing work in the classification under this prominent and contract from the first day on which work is performed in accessible, place where it can be easily seen by the workers. the classification. (ii) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed 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 and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref.Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto://www.dol.gov/esa/whd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (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 by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344.1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's c The weekly submission of a registered program shall be observed. Every apprentice (c) y properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(ii)(b). Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (iii) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives 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 required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, 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 the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work 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 by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than 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 an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services 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 for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered 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 of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor (iii) The penalty for making false statements is prescribed will no longer be permitted to utilize trainees at less than in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, 10. (i) Certification of Eligibility. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(06/2009) Page 4 of 5 ref.Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 440-207001 DUE TO GENERAL FUND 2,960.35 61-513120 SALARIES - REGULAR 2,750.00 61-51 321 0 FICA 210.35 10-511110 SALARIES - COMMISSION 2,750.00 10-511210 FICA 210.35 001-131440 DUE FROM WS 2,960.35 5,920.70 I 5,920.70 I ****Pay Period Ending 11/27/2015-Adjust JE 659 for commission's salary. FRANKLIN ROJAS PREPARED BY: REVIEWED BY: APPROVED BY: N. 03 O O O O O N N N N N N CO 0) 0) 0) 0) 0) CD U) Cn U) Co CoC N 0 N N N N N. C n W �> a) a) a) OO) CO N N N CA Ch 000000 Tr T' Tr O co co co Co C') N N 000000 0 0 0 0 0 0 000000 In Cn LO LO LC) In LO In Cn Cn In r Q � N LT_ �rLL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r,In In In U) in U) to to Io Cn to) N �a N ‘C) L � L CU N N C C C C * O O O O y ( •N 0) 0) ) N E E E E EEEEA O O O O as v" 2 IA Co , E g � 5 CC; I •E >' ... aCc ~ ` E �' _ >, 00000 X00000 U CU X ': W See attached document for Exhibit "B" RECEIVED BID PACKAGE BY: UNITECH BUILDERS, CORP. Page 16 of 16 NITECS t 111LDEDS C 01111.�� ux Design Build Services For NW 38 Avenue Roadway and Drainage Improvement Request for Proposal RFP No: 2016-2502100 Submitted: March 11, 2016 At 1:00PM City of Opa Locka Attn: Joana Flores Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 JJNITECIjUILDERSOIR Design Build Services For NW 38th Avenue Roadway & Drainage Improvement RFP No: 2016-2502100 Table of Contents Documents Tab# The RFP and Instructions to Proponents A Introduction Letter B Bid Bond C Addendums D Bidder's Qualifications E Price Proposal Form F Certification Regarding Debarment Form/Non-Collusion Affidavit/Drug Free Form G Public Housing&Community Development Section 3 H Experience/References Certificates of Insurance � Certificates of Competencies State, County &City Licenses K Business Organization L 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 TAB OQp,-LOCk 7fUer D \e RFP NO: 2016-2502100 REQUEST FOR FAST-TRACK DESIGN BUILD PROPOSAL (RFP) FOR NW 38TH AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS CITY O _OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA, FLORIDA 33054 3 PROPOSAL SCHEDULE 10 4 PRE-BID CONFERENCE 10 5 LATE PROPOSALS 10 6 AMENDMENTS TO PROPOSALS 11 7 ADDENDA 11 8 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 11 9 STATUS INQUIRIES 12 10 INSTRUCTIONS TO PROPONENTS FOR PROPOSAL SUBMISSION 12 10.1 Package 12 10.2 Form of Proposal 12 10.3 Erasure or Corrections 12 10.4 Guaranties..:.: ......... ......... ......... ......... ......... ......... ......... ......... ......... -12 10.5 Material 13 10.6 Pricing 13 10.7 Liability,Insurance,Licenses&Permits 13 10.8 Certificate(s)of Insurance 13 10.9 Insurance Rating 13 10.10 Bonding Requirements 14 10.11 Performance and Payment Bond 14 10.12 Governmental Restrictions 14 10.13 Award of Bids 14 10.14 Evaluation of Bids 14 10.15 Identical(Tie Bids) 15 18 SCOPE OF WORK 21 BIDDER QUALIFICATIONS 22 PRICE PROPOSAL FORM 23 BID BOND 25 CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 27 NON-COLLUSION AFFIDAVIT 29 DRUG-FREE WORKPLACE CERTIFICATION FORM 31 iv 1 Introduction 1.1 Purpose The purpose of this Request for Proposals is to seek service of a qualified professional contractor to provide design build services to the City of Opa-locka for the Roadway and Drainage Improvements of NW 38 Avenue A copy of this RFP along with attachments can be obtained from the City of Opa-locka website at www.opalockafl.gov until the expiration date of this solicitation. The bidders are also advised to visit www.opalockacip.com for capital improvement projects information. It is incumbent upon the Respondent to check the website for additional information and/or addendums. Copies of this RFP can also be obtained from the Purchasing Officer at City of Opa-locka, 780 Fisherman St, 4t' Floor, Opa-locka, FL 33054. If you have any questions, please call the contact identified below as it relates to your concern. Written questions regarding the substance of the RFP or scope of services must be submitted via e-mail to the City of Opa- locka contact listed eight(8) calendar days prior to the deadline indicated below. Responses are due prior to the deadline indicated above and must be delivered or mailed to the City of Opa-locka City Clerk's Office located at 780 Fisherman St. 4th Floor, Opa-locka Fl 33054. Late responses will not be accepted— NO EXCEPTIONS. The awarded bidder must comply with grants requirements as the project is partially and/or funded by the Community Development Block Grant (CDBG) and/or State Revolving Fund (SRF) and/or will be funded any other available grants/funds. The grant(s) and/or SRF compliance requirements will be included in the contract agreement Listed below are a few of the laws, rules, and regulations that apply to state and federal funds. State Funds • Section 215.97, Florida Statutes • Project CSFA#(Catalog of State Financial Assistance) • Compliance Supplement • Miami-Dade County Public Housing and Community Development(PHCD)of Financial Services- Reference Guide for State Expenditures • Any applicable Florida Administrative Code • State agency rules, policies, etc. Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. Page 12 responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 1.4 Development Costs Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Qualifications. Bidders should prepare their proposals simply and economically, providing a straightforward and concise description of the Bidder's ability to meet the requirements of the RFP. 1.5 Inquires Interested Bidders may contact the City's Purchasing Officer regarding questions about the proposal in writing by email to rmckay @opalockafl.gov or by facsimile at (305) 953-2900. No verbal communication should be allowed at any level or time. The Interim City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight (8) calendar days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Bidders to various portions of the RFP NO: 2016-2502100 so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFP NO: 2016-2502100 or give information as to the requirements of the RFP NO: 2016-2502100 in addition to what is contained in the written RFP NO: 2016-2502100 document. 1.6 Addendum The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may e-mail written addenda up to six (6) calendar days before the date fixed for receiving the proposals. Bidders shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP NO: 2016-2502100 opening will not be binding. All Bidders are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 1.7 Contract Awards The City anticipates entering into an Agreement with the Bidder who submits the proposal based on the lower and most responsive bid, in compliance with HUD, Miami-Dade County, and the City of Opa-locka procurement requirements. The Bidder understands that this RFP NO: 2016-2502100 does not constitute an offer or an Agreement with the BisicLeJ,qt r_oL_Agreement shalLnofbe,_de_emed_to exist_and__is_not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been Page 14 policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4. The City and Miami-Dade County listed as additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30-day written notice of cancellation. 1.13 Licenses Bidders, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFP NO: 2016-2502100 submittal. The proposal of any Bidder who is not fully licensed and certified shall be rejected. 1.14 Public Entity Crimes Award will not be made to any person or affiliate identified on the Miami-Dade County Public Housing and Community Development (PHCD) of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP NO: 2016-2502100 proposal forms, Bidder attests that they have not been placed on the "Convicted Vendor List". 1.15 Code of Ethics If any Bidder violates or is a party to a violation of the code of ethics of the City of Opa-locka or the State of Florida with respect to this proposal, such Bidder may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or"services for the Cify of"Opa-Iocka:W Page 16 li • City Website: www.Opalockafl.gov Miami-Dade County PHCD: Miami-Dade County Public Housing and Community Development SRF: State Revolving Fund FDEP: Florida Miami-Dade County Public Housing and Community Development (PHCD) of Environmental Protection Agency Contract: A formal written contract between the City and a Preferred Proponent to undertake the Services. Evaluation Team: The team appointed by the City; Preferred Proponent(s): The Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; Proponent: An entity that submits a Proposal; Bidder: A licensed contractor submitting in response to this RFP; RFP: Request for Proposals (bid); Services: The meaning of any and all design build and administration work necessary to complete this project Site: The place or places where the Services are to be performed; and Acceptance: By the City of the Work as being fully complete in accordance with the contract documents subject to waiver of claims. Agreement: The written Agreement between the CITY and the CONTRACTOR covering the work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or correction. Application for Payment: The AIA form furnished by the CONSULTANT which is to be used by the CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices and the time for the Work to be performed. Page 18 3 Proposal Schedule Closing Time and Address for Proposal Delivery Proposals must be received by the office of: Office of the City Clerk 780 Fisherman Street Opa-locka, Florida 33054 Proposals are due no later than: Thursday, February 25, 2016 by1:00 p.m (local time). The City will open Proposals in a public setting. Bid Opening Date & Time: Thursday, February 25, 2016 by1:10 p.m (local time). Bid Opening Location: 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Bid Evaluation Date &Time: Thursday, March 3, 2016 at10:00am (local time) Bid Evaluation Location: 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 4 Pre-Bid Conference A mandatory information meeting (pre-proposal meeting) will be hosted by the City Representative to discuss the City's requirements under this RFP (the "Information Meeting") on Thursday, February 18, 2016 at 10:30 am at Sherbondy Village, 215 Perviz Ave, Opa-locka, Florida 33054. 5 Late Proposals Proposals received after the Bid 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. Page 110 { 9 Status Inquiries All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 10 Instructions to Proponents for Proposal Submission 10.1 Package Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. The Proponent's RFP package must have hard cover placed in a three ring binders. The package must include table of contents with page numbers. 10.2 Form of Proposal Proponents shall use the Form(s) furnished by the City. Failure to do so may cause the rejection of the submittal. Removal of any of the response to the RFP may invalidate the submittal. Proponents shall deliver to the City: a) The RFP and Instructions to Proponents. b) A copy of all issued addendum. C) seven (7) copies of the RFP response Form completely executed. d) Bid Security, (Bid Bond or cashiers check) attached to the Bid Form. e) Certificates of Competencies, State, County and City Licenses. f) Certificate of Insurance and or Letter of Insurability. g) Labor standard and section 3 compliance, signed. The entire Bid Package shall be placed in an opaque envelope and clearly marked with the PROPONENT'S name. 10.3 Erasure or Corrections Bids having an erasure or corrections must be initialed by the PROPONENT in ink. Bids shall be signed in ink; all quotations shall be typewritten or printed and filled in with ink. 10.4 Guaranties No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the Bid proposal. The City reserves the right to reasonably increase or decrease quantities as required. The prices offered herein and the percentage rate of discount applies to other rapes_sentatiy_ejtems_n9t_ listed in this RFP. Page 112 prior to cancellation of such policies. This requirement shall be reflected on the Certificate of Insurance. 10.10 Bonding Requirements The PROPONENT, in submitting this Bid, shall include a Bid Bond in the amount of 5% of the total amount of the base Bid on the Bid Bond Form included herein. A company or personal check shall not be deemed a valid Bid Security. 10.11 Performance and Payment Bond 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. 10.12 Governmental Restrictions In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful PROPONENT to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of Opa-locka reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 10.13 Award of Bids The City of Opa-locka reserves the right to award the bid to the lowest, most responsive, responsible PROPONENT, as determined by the City Commission, however the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to PROPONENTS other than the low PROPONENT. 10.14 Evaluation of Bids The City, at its sole discretion, reserves the right to inspect any/all PROPONENT'S facilities to determine its capability of meeting the requirements for the Contract. Also, price, responsibility and responsiveness of the PROPONENT, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. Page 114 10.20 Secondary/Other Vendors The CITY reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 10.21 Bid Guarantee The successful PROPONENT shall execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond and Certificates of Insurance within ten (10) calendar days of Notice of Award by the City. The PROPONENT who has the Contract awarded to him and who fails to furnish the Performance and Payment Bonds and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied his Bid, and the Bid Security shall be retained as liquidated damages by the City. Bid Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. 10.22 Time of Completion The time of completion of the work to be performed under this contract is the essence of the contract. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the General Conditions. The estimated time for the completion of the work is 180 days. There shall be a $750 a day liquidated damages for every day that the project is not completed per the agreed upon schedule. 10.23 Signature The legal name of the person or firm submitting the Proposal should be inserted in Schedule C. 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_isan Individual,_inc hiding_a sole._.proprietorship,the___name__of__the individual should be included. Page 116 • The Owner reserves the right to contact any other references at any time during the RFP process. (b) FINANCIAL ABILITY AND RESOURCES The Evaluation Team will consider the Proponent's organization financial ability and resources to carry out the project: 5 pts. (c) LOCAL WORK FORCE PARTICIPATION The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with project area businesses. The bidders are encouraged to demonstrate intent to hire local resident within the city limits. Project specific policy to hire local residents with numbers, i.e. how many project specific employees are projected to be hired from the city is expected to be included in the bid package: 15 pts. (d) SCHEDULE AND QUALITY CONTROL The City will consider the Proponent's proposed project Quality control with timeline inclusive of mobilization and completion: 5 pt. The Evaluation Team will consider the Proponent's organization proposed project timeline inclusive of mobilization, design build schedule, milestones, closeout and completion. (e) PRICE PROPOSAL The Evaluation Team will consider the proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards: 60 pts. The Evaluation Team will consider the Proponent's responses to attached questionnaires and all other forms and documents being a part of this RFP and Proponent's submittal. Items a to e will comprise a technical review as further described in this RFP. Item f will represent the price proposal. i The 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 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. II Page 118 16 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 terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP 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 the lowest, responsive, and responsible bidder's Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. 17 General Conditions 17.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. 17.2 Proponent's 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 consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants 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 RFP. Page X20 TA B [1JIITECIBuILDERSOIP. March 9,2016 City of Opa-Locka 780 Fisherman Street,4th Floor Opa-Locka,FL 33054 Re: Design Build Services for NW 38th Ave Roadway&Drainage Improvements RFP No:2016-2502100 Dear Selection Committee: We sincerely appreciate the opportunity to be considered for the reference project. Our team is very familiar with the work to be performed as Design Build. Unitech Builders Corp team is committed to the highest standards of excellence and dedicated to providing our clients with the very best service possible. For this, we have carefully assembled a team of experienced professionals that will assure the City of the full range services and capabilities needed on this project. Our team consists of Unitech Builders Corp as design-build contractor and Ambro, Inc. as the design professional. Respec • ly Subm'tted Anthony R. Gomez President 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 TAB LO[- BID BOND RFP NO:2016-250,2100 PROJECT NAME: NW 38th Avenue Roadway and Drainage Improvements STATE OF FLORIDA COUNTY OF MIAMI-DADE KNOW ALL MEN BY THESE PRESENTS, that we, Unitech Builders Corp. , as Principal,and Berkley Insurance Company , 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 Five Percent of Amount Bid Dollars($ 5% ), 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 March 11th , 2016 for the NW 38th Avenue Roadway and Drainage Improvements 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 demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Page 125 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 8th day of, March ,2016,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: Unite( guilders Cot"' (Individual or Partnersl ip Principal) 16115 SW 117th Avenue,Suite 23 (Business Address) Miami, FL 33177 (City/State/Zip) (305)-259-1980 (Business Phone) MOM Berkley Insurance Company *'mow (Corporate Surety)* Witness: Trenton B. Saunders By: 1 ( J Kevin R.Wojtowicz,Attorney-in-Fact and Licensed FL Resident Agent *Impress Corporate Surety Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Miami-Dade County Public Housing and Community Development (PHCD)'s most current list(circular 570 as amended) and be authorized to transact business in the State of Florida. Page 126 Pith 131-471 kJ POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE • NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted o and appointed, and does by these presents make, constitute and appoint:Kevin R. Wojtolvicz;John R. Neu;or David R. Turcios E of Nielson & Company, Inc. of S1. Petersburg, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as o o delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars 2 (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected .; officers of the Company at its principal office in their own proper persons. r — v 1 This Power of Attorney shall be construed and enforced in accordance with, and governed by,the laws of the State of Delaware, 5 -2 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following z resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: 0 ..) .2 RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief nExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o` Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the c corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ° attorney-in-fact and revoke any power of attorney previously granted;and further o _o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, ,,, r or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the -v:, manner and to the extent therein stated;and further .- , RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and , further a = RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 2 C' power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or j ,tn E other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as > though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have o 8. ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, the Compa9y has c used these presents to be signed and attested by its appropriate officers a nd its P corporate seal hereunto affixed thi ' ay of />Z-2 -/ ,2014. o %° Attest: Berkley Insurance Company (Seal) By By 1 t" Ira S. Lederman e 11-, i, Hatter i r J Senior Vice President&Secretary i.r ',e President J Vi .) ?WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) a..c, ) ss: v? COUNTY OF FAIRFIELD ) 8 Sworn to before me, a Notary Public in the State of Connecticut, thisc9 day of ,L.c>-,-c-- - 2014, by Ira S. Lederman and 5 Jeffrey M.Hatter who are sworn to me to be the Senior Vice President and Secretary,and the Senior Vice - esident,respectively, of r Berkley Insurance Company. MARIA C.RUNDBAKEN rd,,,,,,,_.. f�>, NOTARY PUBLIC /` ` C�Q MY COAAMISSION EXPIRES y Public,State of Connecticut APRIL 30,2019 Q 53 CERTIFICATE 7 : I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a �� J true,-eorrect-and-compiete copy of the original Power-of A-ttorney;thatysald Pov�er of Attorney has nofbeen revoked or rescinded ,:' t and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. 40(n Given under my hand and seal of the Company,this 0 day of I G 't , ale?6 , (Seal) „ow Andre 41,71 i TAB fc ADDENDUM NO. 1 RFP NO. 2016-2502100 NW 38th Avenue Roadway and Drainage Improvements ADVERTISEMENT DATE:FEBRUARY 11,2016 TO ALL PROSPECTIVE BIDDERS: PROPOSAL DUE DATE: THE BID PACKAGE FOR RFP# 2016-2502100 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, MARCH 11, 2016 BY 1:00 P.M.ANY PROPOSALS RECEIVED AFTER THE DESIGNATED CLOSING TIME WILL BE RETURNED UNOPENED. THE EVALUATION DATE IS MARCH 15, 2016 AT 1:00 PM AT SHERBONDY VILLAGE, 215 PERVIZ AVENUE, OPA-LOCKA, FLORIDA 33054. DEADLINE FOR QUESTIONS: THE DEADLINE FOR RECEIVING QUESTIONS OR INQUIRIES IS MARCH 4,2016 BY 1:00 P.M. 1 Page ADDENDUM NO. 2 RFP NO. 2016-2502100 NW 38th Avenue Roadway and Drainage Improvements ADVERTISEMENT DATE:FEBRUARY 29,2016 TO ALL PROSPECTIVE BIDDERS: THE CITY OF OPA-LOCKA IS WAIVING THE MANDATORY PRE-BID MEETING ATTENDANCE REQUIREMENT. 11Page is TA B I 7°■ 7: •i�� BIDDER QUALIFICATIONS RFP NO:2016-2502100 The Bidder, as a result of this proposal, MUST hold a County and/or Municipal Contractor'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: Unitech Builders Corp Address: 16115 SW 117th Ave,STE 23 City, State,Zip: Miami,FL 33177 Phone/Fax: 305-259-1980 Fax:305-259-1970 2. Check One: Corporation O Partnership() Individual () 3. If Corporation,state: Date of Incorporation: February 23, 1992 State in which Incorporated: Florida 4. If an out-of-state Corporation currently authorized to do business in Florida, give date of such authonatioh: 5. Name and Title of Principal Officers Date Elected: Anthony Gomez/President February 23, 1992 Gregory Gome/Vice President February 23, 1992 6. The length of time in business: 24 years 7. The length KA time(continuous)in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the bidders 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 Contractors, in the sole opinion of the City of Opa-locka,can sufficiently and efficient) •erform all the r-•uired services in a time) and - i f. #2rylnanner as ----wilrbe req ire y t e subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page X22 NITECI VILDERS C ORP. Experience & References: Project Name: Rafuls &Associates Miami Garden Park Location of Project: 18000 NW 59th Ave 1 Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving&Drainage Initial Value of Project: $2,000,000.00 Final Cost of Project: $2,000,000.00 Owner's Information: Nelly Telephone#: 305-883-8881 Project Name: Palm West Business Park Location of Project: 7800 W 24th Ave Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving&Drainage Initial Value of Project: $1,200,000.00 Final Cost of Project: $1,200,000.00 Owner's Information: Ana Lanier Telephone#:305-796-9749 Project Name: Amelia Oaks Location of Project: 295 W 79th Place Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving& Drainage Initial Value of Project: $1,100,000.00 Final Cost of Project: $1,100,000.00 Owner's Information: Ana Telephone#: 305-821-6617 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 l IIITECO UMBERS :C OP. A xi Project Name: Opa Locka Hialeah Flea Market Location of Project: 12700 NW 42 Ave Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving& Drainage Initial Value of Project: $200,000.00 Final Cost of Project: $200,000.00 Owner's Information: Scott Miller Telephone#: 305-778-7921 Project Name: Orivio Building Location of Project: 305 W 5th Street Delivery Method: Direct Purchase Scope of Work:Water Sewer, Paving&Drainage Initial Value of Project: $100,000.00 Final Cost of Project: $100,000.00 Owner's Information: Indio Telephone#: 305-308-5891 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 • A 000600 Local Business Tax Receipt Miami-Dade County, State of Florida -THIS IS NOT BILL DO NOT PAY �. 2713809 BUSINESS NAME/LOCATION RECEIPT NO. ''EXPIRES UNITECH BUILDERS CORP RENEWAL SEPTEMBER 30F 2016 16115 SW 117 AVE 23 2842848 ,�` mi4st be displayed at,place of business MIAMI FL 33177; Pursuantto County Code Chapter 8A Art.9&10 OWNER SEC.TYPE OF BUSINESS UNITECH BUILDERS CORP ; 196 GENERAL BUILDING CONTRACTOR PAYMENT RECEIVED CGC054992 SY TAX COLLECTOR Workers) 10 $75.00 09/22/2015 ECHECK 715-164233 This Local Business Tax Receipt only confirms payment of the Local Business Tax.The Receipt is not a license, permit,or-acertificationof the holders qualifications,to-do business.Holder must comply—with—any governmental or nongovernmental regulatory laws and requirements which apply to the business. " The RECEIPT N0.above must be displayed on all commercial vehicles–Miami-Dade Code Sec Oa-276. For more information visit www.miamidade.govRaxcellector TA B „11 oCp.tocfQ PRICE PROPOSAL FORM RFP NO:2016-2502100 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: Three Hundred Fifty Seven Thousand Eight Hundred Eighty Dollars ($357,880.00 Attach the itemized price based on the City's Design Criteria. 1. The ENTIRE WORK shall be completed, in full, within 90 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 of$750 daily. 2. Communications concerning this Bid shall be addressed to: PROPONENT: Unitech Builders Corp Address: 16115 SW 117th Ave,STE 23 Miami,FL 33177 Telephone: Facsimile: 305-259-1980 Fax:305-259-1970 Attention: Anthony R.Gomez 3. The terms used in this RFP which are defined in the General Conditions of the Design build Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Page X23 - r SUBMITTED THIS 9 DAY OF 201&. BID SUBMITTED BY: Unitech Builders Corp 305-259-1980 Company Telephone Number Anthony R. Gomez 305-259-1970 Name of Person Authorized to Submit Fax Number Bid - ,� i tony @unitechbuilderscorp.com Signature Email Address President Title Page 124 TA B Off' t • coll4a irlL lJj' .= 1 4^0 RFP NO:2016-2502100 CERTIFICATION REGARDING DEBARMENT,SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Bidder certifies,to the best of its knowledge and belief,that the Bidder 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 Bidder 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 Bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Bidder 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 Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the Contracting Offitermay reader the-Bidder rion-re"sponsive.. � I Page 27 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 Bidder 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 Bidder 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 CONTRACTOR COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. 41111F — Signature /�� Printed Name Anthony R. Gomez Page X28 \D ^ V�r NON-COLLUSION AFFIDAVIT RFP NO:2016-2502100 STATE OF FLORIDA COUNTY OF MIAMI-DADE Anthony R. Gomez being first duly sworn,deposes and says that: 1. He/She/They is/are the President (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. Page X29 • Signed, sealed and delivered in the presence of: /l� � B y: Y {\� \ Q \ k(Lc / 7- VV &/ Sigoature ./ , �. '/ ./ • /4/i, -—_ Anthony R. Gomez/President • Witnes?' Print Title / /2),1/l ^ � /� � Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE ~ / On this the day of , 20,1i before me, the undersigned Notary Public of the State appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and /be/ob acknowledge th�/ it ~ � ' ,— \ , ' ~ �-- / No Public, ta` " ' • ,' NRTARY PUBLIC: .fer.A. Notary Poetic-State of Florida s Commission FF 205993 SEAL OF OFFICE: My Comm.Expires Mar 4,2019 ,,,,,, Bonded through National Notary Assn. (Name of Notary Public: Print,Stamp or type as commissioned.) �� /��Pecoouoib'kuowotome,or Personal identification: Type of Identification Produced --------- --------- -- ------- - --- ----------�—�--- - -| z�� Did�u�euuoatb or Didoot�a�eauoatb Page | 30 Pp.loCkQ I ol�4�riL j.' e DRUG-FREE WORKPLACE CERTIFICATION FORM RFP NO:2016-2502100 Whenever two (2) or more bids/proposals,which are equal with respect to price,quality,and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the s tatement 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 Anthony R. Gomez ,as President (Name) the o f Unitech Builders Corp (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, Florid. atutes, which are identified in numbers (1) through (6) - above. / /Or 3/9/16 Date Tignatu Page 131 it TA B . H II 1 M AMA-UADECOU 11 �{ PUBLIC HOUSING AND COMMUNITY DEVELOPMENT 44,, r ,, / ATTACHMENT A TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS ■ Agency Name: City of Opa-Locka Project Name: NW 38th Avenue Roadway and Drainage Improvements Project Address: NW 38 Ave. extends from South of NW 125 St.to the intersection of NW 132 St.&NW 37 Ave. Prepared by: is Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: • Notice to Bidders/Prospective Contractor(s) • Statement of Bidder's Construction Experience • Certification Receipt • Insurance Requirements • Provisions to be Incorporated in Construction Contracts: o 1)Davis-Bacon Act, o 2)Termination, o 3)Access to Records and Record Retention, • Non-Collusion Affidavit • Certification Regarding Lobbying • Affirmative Action Standards • Certification of Compliance with Part 60-2:Affirmative Action Programs • Other Required Certifications: o 1)Equal Employment Opportunity, o 2)Affirmative Action, o 3)Americans with Disabilities Act, o 4)Copeland Anti-Kickback, o 5)Byrd Anti-Lobbying Amendment, o 6)Full Disclosure by the Contractor/Bidder, o 7)Non-Discrimination Clause, o 8)Age Discrimination Act of 1975 as Amended,and o 9)Section 504 of the Rehabilitation Act of 1973 as Amended. • Certification Regarding Drug Free Workplace(Grantees Other than Individuals) • Assurance of Compliance(Section 3, HUD Act of 1968) • Section 3 Requirements • Section 3 Clause • Bidder's Initial Section 3 Goals • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions(Certification Document and Instructions) • Equal Employment Opportunity(EEO)Clause for Contractors Not Subject to Executive Order (EO 11246) • Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era • Equal Opportunity for Workers with Disabilities • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (EO 11246) • Equal Employment Opportunity(EEO)Clause for Contractors Subject to EO 11246 • Certification of Nonsegregated Facilities • Notice to Prospective Subcontractors of Requirements for Certification of Nonsegregated Facilities • Notice of Requirement-Clean Water,Clean Air,EO 11738 and EPA Regulations Provision • Certification of Compliance with Federal Regulations o Clean Air Act, o Federal Water Pollution Control Act,and o Lead-Based Paint Poisoning Prevention Act • Certification Regarding Debarment,Suspension,and Other Responsibility Matters(Direct Recipient) • Public Entity Crimes Affidavit • Davis-Bacon Wage Decision FL160221 01108/12016-FL221 Highway • Federal Labor Standards Provisions(Form HUD-4010) Miami-Dade County PHCD Page 2 NOTICE TO BIDDERS/PROSPECTIVE CONTRACTOR (S) This project, in whole or in part,will be assisted through the Miami-Dade County Public Housing and Community Development with Federal funding from Community Development Block Grant and as such bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act;the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. (Please use this language in the advertisement of the project) M it In 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 Contractor: Unitech Builders Corp 2. Prime Contractor Address: 16115 SW 117th Ave,STE 23 Miami,FL 33177 3. Name of each principal officer of corporation, partner, firm or individual: Anthony R.Gomez/President&Gregory Gomez/Vice President 4. Gender and Ethnicity of Principals: Male-Hispanic 5. Company Qualifier: Gregory Gomez 6. Years in Business: 24 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: 65-0314826 State: Florida 8. Contractor's Certification Categories: General Contractor&Roofing Contractor 9. Contracts completed in the last five years(include the months and year completed, use additional pages, if needed) See Attached 10. Contractor's on-going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). See Attached 11. Have you ever failed to complete any work awarded to your company? If so, where and Why? NO Page 1 of 2 3-STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami-Dade County PI-1CD Page 4 12. Have you ever defaulted on a Contract? NO 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? N/A 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 Opa Locka (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. N/A (initials) 17. The undersigned hereby authorizes and requests any person, firm,corporation, or governmental unit, to furnish any information requested by the Opa Locka (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 )/q /2 Date By Anthony R. Gomez She is sonally known to meor has presented (Affiant) -__-_____.__. _. as identification. (Type of ldentific. '•n)— (Signature of Notar r,) =----_ (Serial Number) (Print or Stamp Na'- of Notary) > \ (Expiration Date) r + ATI �.;V JASSMIN CLAUDIO Notary Notary Seal ; �,� Notary Public-State of Florida Public _. Commission#FF205993 k (State) I My Comm.Expires Mar 4,2019 ---♦--''4R a Bartdedtluatgh-Nationatt otary-Aasn:!- -_ 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 FL160221 01/08//2016-FL221 Highway (Name of project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of Labor requirements, particularly the—requirements contained in Wage General Decision Number FL160221 01/08//2016-FL221 Highway that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL160221 01/08//2016-FL221 Highway for this project. Agency Name: Employer ID #/FID #: Unitech Builders Corp 65-0314826 II Full Address (including City, ST and Zip) and Email Address 1611-5_SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: ���`► Print Name: Title: Anthony R.Gomez President Check one, as applicable: x Contractor Subcontractor Other 4-CERTIFICATION RECEIPT —Mlaml-Dade-Coanty-PWCD— INSURANCE REQUIREMENTS Page 6 The term "Contractor", as used in this document, refers to the entity providing construction type services. The terms "owner" and "sub-recipient"are used interchangeably, and refer to the entity receiving Federal funds directly from PHCD. Based on the type of project, the Contractor shall acquire the following insurance and submit necessary certificate(s)and original policies described hereunder. A. New Construction projects include construction of a new building;addition of dwelling units outside the existing walls of a structure,etc. B. Major Rehabilitation includes additions to existing buildings;installation of new infrastructure;rehabilitation of existing structures(costs at or over 25%of the value of the property),etc. C. Minor Rehabilitation and Acquisition of Land include rehabilitation of existing structures—moderate home rehab; repairs and rehab to homes such as installation of new windows,shutters,doors,interior renovation,(costs not to exceed 25%of the value of the property);and the actual acquisition of land and for the purpose of developing affordable housing units(does not include actual construction of the units). D. Commercial Revitalization includes rehab to the fagade of existing structures to enhance the neighborhood and its surroundings. II. Insurance required by project type: PROJECT TYPE REQUIRED CERTIFICATE(S)OF INSURANCE A. New Construction B. Major Rehabilitation Worker's Compensation Insurance-for all employees of the C. Minor Rehabilitation and Land Acquisition Contractor as required by Florida Statute 440. D. Commercial Revitalization A. New Construction Professional Liability Insurance-in the name of the Contractor or the B. Major Rehabilitation licensed design professional employed by the Proposer in an amount of not less than$250,000. • Commercial General Liability—on a comprehensive basis,including Explosion,Collapse and Underground Liability coverage in an amount D. Commercial Revitalization not less than$300,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional Insured with respect to this coverage. Commercial General Liability—on a comprehensive basis,including Explosion,Collapse and Underground Liability coverage in an amount C. Minor Rehabilitation and Land Acquisition not less than$500,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional Insured with respect to this coverage. Commercial General Liability—on a comprehensive basis,including A. New Construction Explosion,Collapse and Underground Liability coverage in an amount B. Major Rehabilitation not less than$1,000,000 combined single limit per occurrence for bodily injury and property damage.Miami-Dade County must be shown as an additional insured with respect to this coverage. A. New Construction Automobile Liability Insurance-covering all owned,non-owned and B. Major Rehabilitation hired vehicles used in connection with the work,in an amount not less C. Minor Rehabilitation and Land Acquisition than$500,000 combined single limit per occurrence for bodily injury and D. Commercial Revitalization property damage. Completed Value Builder's Risk Insurance-on al'All Risk"basis in A. New Construction an amount not less than one hundred(100%)percent of the insurable B. Major Rehabilitation value of the building(s)or structure(s). The policy shall be in the name of the sub-recipient and the Contractor,and Miami-Dade County must be listed as a loss payee. All insurance requirements must be verified at the time of the pre-construction meeting. Page 1 of 2 -S-.INSURANCE-REQUIREMENT$-_ Miami-Dade County PHCD Page 7 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: The company must be rated no less than "B"as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. Or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. IV. All insurance required by the contract must stay in force until final acceptance except, "Completed Value Builder's Risk"which may be dropped after substantial completion. The Contractor shall also keep all insurance required by contract, except "Completed Value Builder's Risk", in force when performing any work during the guarantee period(s). The Contractor shall furnish certificates of insurance and insurance policies to the owner prior to commencing any operation under this contract, which certificates shall clearly indicate that the Contractor has obtained insurance, in the type, amount, and classifications, as required for strict compliance with the contract. NOTE: Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. Compliance with the foregoing requirements as to the carrying of insurance shall not relieve the Contractor from his liability under any other portion of this contract. V. Cancellation of any insurance or bonds, or non-payment by the contractor of any premium for any insurance policies or bonds required by this contract shall constitute a breach of this contract. In addition to any other legal remedies, the owner at its sole option may terminate this contract or pay such premiums, and deduct the costs thereof from any amount, which are or may be due to the Contractor. Page2of2 6•INSURANCE REQUIREMENTS Miami-Dade County PHCD Page 8 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 FL160221 01/08//2016-FL221 Highway or this project." E. 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 Public Housing and Community Development(PHCD). Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Page 1 of 3 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 9 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 PHCD a release_from-_its.contractual obligations to the County. The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract, in whole or in part,when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may, by written notice to the Contractor, terminate this contract upon no less than twenty-four(24) hours' notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the Principal Contractor's/Owner's right to legal or equitable remedies. - - — JnItl s Page 2 of 3 7-PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS Miami-Dade County PHCD Page 10 ( 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. F. ACCESS TO RECORDS AND RECORD RETENTION PROVISION All official project records and documents must be maintained during the operation of this project and for a period of three (3)years following close out in compliance with 4 NCAC 19L Rule .0911, Recordkeeping. The Miami-Dade Public Housing and Community Development, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the implementing agency which are pertinent to this contract, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above. Mitia s Page 3 of 3 Z_PRQ[ISIONS TD @E INCORPDRATEDJN CONS_TRUCTION_COh TRACTS Miami-Dade County PHCD Page 11 t NONCOLLUSION AFFIDAVIT STATE OF: Florida COUNTY OF: Miami Dade Anthony R. Gomez , being first duly sworn, deposes and says that: (1) 5-she is President of Unitech Builders Corp , 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 .- -s in in -s ; ping thi ffiant. (SIGNED `//�!� 7 President Title Subscribed and sworn to before me this 9th day of March 20 16 t � . --' �.iea m_ ,.(1 I,< , ,,,� r n JASSMIN CLAU010 ,, oil Notary Putil�c-State of Florida I / Commission FF 205993/ ' , i My Comm.Expires Mar 4,20 Commission expires: j! % , S-NONCOLLUSION AFFIDAVIT Miami-Dade County PHCD 1 Page 12 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans and Cooperative Agreements in excess of$100,000 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreement in excess of$100,000)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S Code. Any person who fails to file the required certification shall be subject to a civil penalty less tha '•10 . not mo than $100,000 for each such failure. By: Print: Anthony R. Gomez Title: President Date: March 9,2016 Business Address: 16115 SW 117th Ave,STE 23 Miami,FL 33177 9-CERTIFICATION REGARDING LOBBYING Miami-Dade County PHCD Page 13 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to insure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps, the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons, superintendents,and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff,or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment, intimidation,and coercion and to where possible,assign two or more women to each construction project. Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority and women's recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. To Demonstrate Compliance: Contractors must have a current listing of recruitment sources for minority and women craft workers. It must have copies of recent letters to community resource groups or agencies specifying the contractor's employment opportunities and the procedures one should follow when seeking employment. It must note the responses receive and the results on the bottom or reverse of the letters or establish a follow-up file for each organization notified. 3. Contractors must maintain a current file of the name, address, and telephone number of each minority and/or women off-the-street applicant and minority and/or women referred from a union, recruitment source,or community organization,and of the action that was taken with respect to each individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, was not employed by the contractor, this shall be documented in the file with the reason, along with whatever additional actions the contractor may have taken. (nits Page 1 015 10-AFFIRMATIVE ACTION STANDARDS —MiamDade-County-PNCD Page 14 To Demonstrate Compliance: Contractors must have a file of the names, addresses, telephone numbers, and crafts of each minority and/or woman applicant showing the date of contact and whether or not the person was hired and (if not) the reason; whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor, or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2, above. To Demonstrate Compliance: Contractors must have records of contributions in cash, equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors Must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must(a) include the policy in any company policy manuals; (b) post a copy of the policy on all company bulletin boards(in the office and on all job sites);(c)put in records, such as reports or diaries, that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings; (e) make copies of newsletters and annual reports that include the policy; and (f) make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. In Page 2 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 15 7. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. To Demonstrate Compliance: Contractors must have written records (memoranda, diaries, minutes of meetings) identifying the time and place of meeting, persons attending, subject matter discussed, and disposition of subject matter. 8. Contractors must disseminate their EEO policies externally by including it in any advertising in the news media, specifically including minority and women's policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. To Demonstrate Compliance: Contractors must have copies of(a)letters sent, at least every 6 months or at the start of each new major contract, to all recruiting sources (including labor unions and training programs) requiring compliance with the policy; (b)advertisement that has the EEO 'tagline"on the bottom;and(c)letters to subcontractors and suppliers, at least at the time of the subcontract is signed, requiring compliance with the policy. 9. Contractors must direct recruitment efforts, both oral and written,to minority,women and community organizations, to schools with minority and women students, and to minority and women's recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for acceptance of applications for apprenticeship or.other.training by any recruitment source,the contractor will-send written notification to such organizations, describing the openings, screening procedures, and tests to be used in the selection process. To Demonstrate Compliance: Contractors must have written records of contacts (written communications, telephone calls, or personal meetings)with minority and women's community organizations and recruitment's sources, and schools and training organizations, specifying the date(s), individuals contacted, results of the contact, and any follow-up. It must have copies of letters sent to these organizations at least one (1) month prior to the acceptance of applications for training(apprenticeship or other)describing the openings, screening procedures, and tests to be used in the selection process. 10. Contractors must encourage minority and women employees to recruit other minority persons and women and provide, where reasonable, school, summer and vacation employment to minority and female youth both on-site and in other areas of the workforces. Initial Page 3 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 16 ( To Demonstrate Compliance: Contractors must have copies of diaries, telephone logs, or memoranda indicating contacts(written and oral) with minority and women employees requesting their assistance in recruiting other minorities and women,and record results. If contractors normally provide after-school,summer,and vacation employment, it must have copies of letters to organizations under Item 9 describing those opportunities and must have responses received and results noted on letters or in a follow-up file. 11. Contractors must validate all tests and other selection requirements where there is an obligation to do so under CFR 60-3. To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor, a craft union, or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least) of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities (formal or on-the-job) and encourages their participation. 13. Contractors must ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect, by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence(letter, memos, personnel files, reports)that: (a)the activity under Item 12, above, has been carried out;(b)any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women; (c)the EEO officer reviews all monthly workforce reports,hiring,terminations, and training provided on the job; (d)the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects; and (e)the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. Initials Page4of5 10=AFPIRMA NE ACF10N-STRNDARDS Miami-Dade County PHCD Page 17 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. Initiatst Page 5 of 5 10-AFFIRMATIVE ACTION STANDARDS Miami-Dade County PHCD Page 18 r> CERTIFICATION OF COMPLIANCE WITH PART 60-2 . • AFFIRMATIVE ACTION PROGRAMS The bidder represents that he has X has not ( ), participated in a previous contract or subcontract su ject to the Equal Opportunity Clause prescribed by Executive Order 11246; that he has has not ( ) developed a written affirmativ action compliance program for each of his establishments; that he has ( ) has not (<, filed with the Joint Reporting Committee, the Office of Federal Contract Compliance Programs (OFCCP) or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to contract and/or subcontract award. NOTE The penalty for making false statement in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer ID #/FID #: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) • 16115 SW 117th Ave,STE 23 Miami,FL 33177 ,f-----ell Fr."'- 4100IPP Authorized Signature: Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other 11-CERTIFICATION OF COMPLIANCE WITH PART 60-2 I AFFIRMATIVE ACTION PROGRAMS Miami-Dade County PHCD Page 19 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder, by submission of this quotation represents: The undersigned has X , has not _, participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; that it has X, 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 X developed and has on file, has not developed and does not have on file, at each establishment an affirmative action program as required by the rules and regulation of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it has not_ previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor. C. AMERICANS WITH DISABILITIES ACT The contractor represents and certifies the following as part of its offer: By submission of an offer, the bidder certifies that it complies with the American with Disabilities Act, 42 U.S.C., and 12101 et. seq., and will maintain compliance throughout the life of the Contract. By commencing performance of the Contract work, the selected contractor certifies to the American with Disabilities Act compliance. D. COPELAND ANTI-KICKBACK By submission of a bid, the bidder certifies that it has read and complies with the General Provision entitled "Anti-Kickback Procedures" as stated in 24 CFR part 85.36 as follows: All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations (29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he is otherwise entitled. By submission of this bid,the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in this provision. Page Toi3 12-OTHER CERTIFICATIONS Miami-Dade County PHCD Page 20 E. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) This certification applies to those contractors who apply for award of bid of$100,000 or more: Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the recipient. F. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI-DADE COUNTY AT TIME OF AWARD. This certification applies to a contract or subcontract in excess of$25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to (name of implementing agency) whether as of the anticipated time of award of any contract resulting from this solicitation; it anticipates that it or its principals will be debarred, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. By commencing performance of the Contract work, the selected contractor certifies that it has made full disclosure in writing to (name of implementing agency) as to whether as of the time of award it or any of its principals is debarred, suspended, or proposed for debarment by the Federal Government, State of Florida, or Miami-Dade County. G. NONDISCRIMINATION CLAUSE Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109, Housing and Community Development Act of 1974. Page 2of3 12-OTHER CERTIFICATIONS Miami-Dade County PHCD Page 21 H. AGE DISCRIMINATION ACT OF 1975, AS AMENDED Non-discrimination on the Basis of Ape No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. I. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Agency Name: Employer ID#/FID #: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave.STE 23 Miami, FL 33177 II Authorized Signature: ■/ Print Name: Title: Anthony R. Gomez Preisdent Check one, as applicable: X Contractor Subcontractor Other Page 3 of 3 12 OTHER CERTIFICATIONS Miami-Dade County PHCO Page 22 CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, subpart F,for grantees, as defined at 28 CFR part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction (f) Taking one of the following actions,within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Page 1 of 2 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE — — —Miami-Dade-Gounty-PHGD Page 23 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. Agency Name: Employer ID #/FID #: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave, STE 23 Miami,FL 33177 Authorized Signature: - Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other 'Page 2 oft 13-CERTIFICATION REGARDING DRUG-FREE WORKPLACE Miami-Dade County PHCD Page 24 J I ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968) TRAINING,EMPLOYMENT,AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this(contract)(agreement)is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this (contract) (agreement), the (applicant) (recipient) shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135(published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this(contract)(agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project;the making of a good faith effort,as defined by the regulation,to provide training, employment and business opportunities required by Section 3; and incorporation of the "Section 3 Clause" specified by Section 135.20 (b) of the regulations in all contracts for work in connection with the project. The (applicant)(recipient) certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the(applicant)(recipient), its successors and assigns. Failure to fulfill these requirements shall subject the (applicant) (recipient), its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement), and to such sanctions as are specified by 24 CFR Section 135 APPLICANT: Unitec j ders Corp SIGNATURE: —0000"—(...... � ADDRESS: 16115 SW 117th Ave,ST 23 Miami,FL 33177 DATE: March 9,2016 14-ASSURANCE OFC0tv1PL1 ANC-E-(Section-3;tfti mer'of-1.968Y Miami-Dade County PHCD Page 25 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant,recipient,contractor,and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient,contractor,and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan,which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category(type or profession) over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph(a)and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar, amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient,contractor, or subcontractor letting the contract; and ii. Identification within the bid documents, if any, of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide, prior to the signing of the contract,a preliminary statement of work force needs(skilled,semi-skilled,unskilled labor and trainees by category)where known; where not known, such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. Initials ialsl Page 1 of 2 15-SECTIM 3 REQ IBEMENIS 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 what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened,they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan,each applicant, recipient,contractor,or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information or if you have any questions regarding Section 3, please contact: Jorge I. Rendon, Compliance Reviewer Public Housing and Community Development 701 NW 1st Court, 16th Floor Miami, Florida 33136 Office: 786-469-2155 Email:jrendonamiamidade.gov Initial Page 2 of 2 15-SECTION 3 REQUIREMENTS —Mian*Datte-CountyPHCD� Page 27 SECTION 3 CLAUSE A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s)taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this-section-3,clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Initia'- 16-SECTION 3 CLAUSE Miami-Dade County PHCD Page 28 I BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. 2. The Bidder estimates that there will be 0 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 0 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) Anthony R.Gomez (please print), as an authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968, as amended, and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public Housing and Community Development. Agency Name: Employer ID#/FID#: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) j 16115 SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: ' j —,-- Print Name: Title: Anthony . Gomez Y President Check one, as applicable: X Contractor Subcontractor Other 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 this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective 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,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Nliaml-Dade County PHCD Page 30 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition, to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page 2 of 3 18-CERTIFICATION REGARDING DEBARMENT.SUSPENSION.INELIGIBILTYAND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 31 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER TRANSACTIONS By submission of the proposal, the prospective lower tier participant certifies, that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Agency Name: Employer ID #/FID#: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: 10e- 410. / Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other - - — --Page-3-of 3- I CERTIFICATION REGARDING DEBARMENT SUSPENSION,INELIGIBILTY AND VOLUNTARY EXCLUSION-LOWER TIERED COVERED TRANSACTIONS Miami-Dade County PHCD Page 32 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color,religion,sex,or national origin. The contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment,without regard to their race,color religion,sex,or national origin. Such action shall include, but not limited to, advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting for the provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin. Agency Name: Employer ID#/FID #: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave,STE 23 Miami,FL 33177 1 Authorized Signature: /L.�� Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other 19-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACS NOT SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD 1 I Page 33 I 1 1 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices, including the following: recruitment, advertising, and job application procedures; ii. hiring, upgrading, promotion, award of tenure, demotion,transfer, layoff, termination, right of return from layoff and rehiring; iii. rates of pay or any other form of compensation and changes in compensation; iv. job assignments,job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; v. leaves of absence, sick leave, or any other leave; vi. fringe benefits available by virtue of employment,whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities, and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs; and ix. any other term, condition, or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local employment service office of the state employment security agency wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 3) Listing of employment openings with the employment service office pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. Page 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD Page 34 4) Whenever the Contractor becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service agency in each State where it has establishments of the name and location of each hiring location in the state: Provided, that this requirement shall not apply to state and local governmental contractors. As long as the Contractor is contractually bound to these provisions and has so advised that state agency,there is no need to advise the state agency of subsequent contracts. The Contractor may advise the state agency when it is no longer bound by this contract clause. 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands. 6) As used in this clause: I. All employment openings includes all positions except executive and top management,those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes full-time employment, temporary employment of more that three days' duration, and part time employment. ii. Executive and top management means any employee: (a)whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof; and(b)who customarily and regularly directs the work of two or more other employees therein;and (c)who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and (d) who customarily and regularly exercises discretionary powers; and(e)who does not devote more than 20 percent, or, in the case of an employee or a retail or service establishment who does not devote as much as 40 percent, of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in-(a)through (d) of this paragraph 6.IL; 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. Page2of3 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. I Agency Name: Employer ID #/FID#: II Anthony R. Gomez 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: .-) Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other Page 3 of 3 20-EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA Miami-Dade County PHCD ■ 1 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). — Pane ,zcz 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,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance Agency Name: Employer ID #/FID #: I Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: , i.L� 4111101" /2 Print Name: Title: Anthony R. Gomez President Check one, as applicable: X Contractor Subcontractor Other I Page 2 of 2 21-EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES I Miami-Dade County PHCD Page 38 1 I NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2 (d)THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area, are as follows: A. GOALS FOR MINORITY UTILIZATION, All Trades: Area Covered: Dade County, Florida Goals and Timetables * Timetable Trade Goal Until Further Notice All 39.5% B. GOALS FOR FEMALE UTILIZATION, All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables * Timetable Trade Goal Until Further Notice All 6.9% THESE GOALS ARE APPLICABLE TO ALL THE CONSTRUCTION WORK CONTRACTORS (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. ICI InitiaPs Page 1 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 for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Miami-Dade County, Florida (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 60-4.3(a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this Equal Opportunity Clause. Initial Page 2 of 10 T OR FIR T VE 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, or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in ac cordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the statement preceding subparagraph (1) and the provisions of subparagraph (1) through (7) in every subcontract or purchases order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 20 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as HUD many direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Contractor may request the United States to enter into such litigation to protect the United States. Initial page 3of10 22=NOT(CE-OF REQUIREMENT-POR KPFIRMATiVt AUTON TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 41 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1.As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted. b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority. c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: - Black(all persons having origins in any of the Black African racial groups not of Hispanic origin). - Hispanic(all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin regardless of race). -Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Initia s Page!1_o110 — — 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 42 3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11240, nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: In — 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE CTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 43 a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individual working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source of community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under (7) b above. Ina Page 6 of 10 22=NOTICE OF REQUIREMENT-FOR AFFIRMATIVE-ACTION-TO-ENSURE EQUAL-EMPLOYMENT-OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 44 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written, to minority,female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. InItIa s- Page7of10 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 all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations or offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations(7)a. through (7)p. The efforts of a contractor association, joint contractor-union,contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under(7)a. through (7) p. of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. Initials PaC�fl�B�f_1_10 -- 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 46 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. -------_---------- ---- -°— Initial Page 9 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 47 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Initia s Page 10 of 10 22-NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) Miami-Dade County PHCD Page 48 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal employment opportunity clauses: During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin; such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employee and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement to other contract or understanding, a notice to be provided advising the said labor union or worker's representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules regulations, and relevant orders of the Secretary of Labor. Page 1 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 49 � I 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation ' protect the 'nter- s-gf the U d States. By: Anthony R Gomez President Title: Date: March 9,2016 Business Address: 16115 SW 117th Ave,STE 23 Miami,FL 33177 Page 2 of 2 23-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTORS SUBJECT TO EXECUTIVE ORDER 11246 Miami-Dade County PHCD Page 50 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. 2. By the submission of an offer, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid, the bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files; and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work, the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The pe.-Ity for making fals- atements in offers is prescribed in 18 U.S.C. 1001 By: 4010111P Print: Anthony R.Gomez Title: President Date: March 9,2016 Business Address: 16115 SW 117th Ave,STE 23 Miami,FL 33177 24-CERTIFICATION OF NONSEGREGATED FACILITIES Miami-Dade County PHCD i I Page 51 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification of Nonsegregated Facilities,as required by the May 9, 1967, order(32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Agency Name: Employer ID#/FID #: Unitech Builders Corp 65-0314826 Full Address (including City, ST and Zip) 16115 SW 117th Ave,STE 23 Miami,FL 33177 Authorized Signature: Name: Title: Anthony R. Gomez President II Check one, as applicable: X Contractor Subcontractor Other 25-NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES ------ Miami-Dade-County-PBCD-- Page 52 NOTICE OF REQUIREMENT CLEAN WATER, CLEAN AIR, EXECUTIVE ORDER (E.O.) 11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act,as amended,42 USC 1857 et seq., the Federal Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of$100,000, agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has( ), has not &been listed on the Environmental Protection Agency List of Violating Facilities; 2. f 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. Unitech Builders Corp Name of •d-r Authorized Signature March 9,2016 Date 26-NOTICE OF REQUIREMENT FOR CLEAN WATER.CLEAN AIR,EXCEUTIVE ORDER(E.O.)11738 AND EPA REGULATIONS PROVISION Miami-Dade County PHCD Page 53 CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970(42 U.S.C. 1857 et seq.)and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended and with the Lead-Based Paint Poisoning Prevention Act (Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors, and assignees. Violations by contractors will be reported to the U.S. Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Unitech Builders Corp Name of Bidder (.— 40111111,01 ignature March 9,2016 Date 16115 SW 117th Ave,STE 23 Official Address-(including Zip Code). Miami,FL 33177 27-CERTIFICATION OF COMPLIANCE WITH FEDERAL REGULATIONS Miami-Dade County PHCD � I 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. Unitech Builders Corp Name of B : j ✓■' ignature March 9,2016 Date 16115 SW 117th Ave,STE 23 Official Address(including Zip Code) Miami,FL 33177 II 28-CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS(DIRECT RECIPIENT) Miami-Dade County PHCD Page 55 i 1 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to Miami-Dade County by Anthony R. Gomez/President (Print individual's name and title) For Unitech Builders Corp (Print name of entity submitting sworn statement) whose business address 16115 SW 117th Ave,STE 23,Miami,FL 33177 and if applicable its Federal Employer Identification Number(FEIN)is 65-0314826 If the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to an directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft, bribery,collusion, racketeering,conspiracy, or material misinterpretation. 3. I understand that "convicted' or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "Affiliate" as defined in paragraph 287.133(1) (a), Florida Statutes means: a) A predecessor or successor of a person convicted of a public entity crime, or Page 1 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 56 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statues, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting sworn statement, nor any of its officers,director,executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an,affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). Page 2 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD i I Page 57 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 40011111% / (Signature) Sworn to and subscribed before me this 9th day of March 20 16 Personally known Anthony R Gomez Or produced identification Notary Public-State of Florida My commission expires ?/ i/f 9 (Type of identification) ��N•��•.4 JASSMIN CLAU010 r �` Notary Public-State of Florida i• 1 •s Commission+f FF 205993 t My C rasrMar 4,2019 fOF,,,, .'tided through Nation. ay Assn. dakhertitoppv. ai dorgammonnianw-4 typed or stamped commissioned -me of notary public) Page 3 of 3 29-PUBLIC ENTITIY CRIMES AFFIDAVIT Miami-Dade County PHCD Page 58 1/28/2016 www.wdol.gov/wdol/scafiles/davisbacoNFL221.dvb?v=0 General Decision Number: FL160221 01/08/2016 FL221 Superseded General Decision Number: FL20150221 State: Florida Construction Type: Highway County: Miami-Dade County in Florida. HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * ELEC0349-002 09/01/2014 Rates Fringes ELECTRICIAN $ 30.11 10.06 SUFL2013-039 08/19/2013 Rates Fringes CARPENTER $ 17.84 0.00 CEMENT MASON/CONCRETE FINISHER, Includes Form Work $ 15.49 0.00 FENCE ERECTOR $ 12.82 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine) $ 15.07 0.00 HIGHWAY/PARKING LOT STRIPING: Painter $ 12.13 0.00 HIGHWAY/PARKING LOT STRIPING: Oper_ator_-(Spr_ay_Nozz leman)-.- $ 11-.16 0,00 TNSTALLER - GUARDRAIL $ 13.43 0.00 IRONWORKER, ORNAMENTAL $ 13.48 0.00 IRONWORKER, REINFORCING $ 18.43 0.00 http://www.wdol.gav/wdol/scafiles/davisbacon/FL221.dvb?v=0 1/6 1/28/2016 www.wdol.gov/wdol/scafiles/davisbacoNFL221.dvb?v=0 OPERATOR: Mechanic $ 18.03 0.00 OPERATOR: Milling Machine $ 14.67 0.00 OPERATOR: Oiler $ 16.32 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 13.61 0.00 OPERATOR: Piledriver $ 17.23 0.00 OPERATOR: Post Driver (Guardrail/Fences) $ 14.45 0.00 OPERATOR: Roller $ 13.67 0.00 OPERATOR: Scraper $ 12.01 0.00 OPERATOR: Screed $ 14.15 0.00 OPERATOR: Tractor $ 12.19 0.00 OPERATOR: Trencher $ 14.74 0.00 PAINTER: Spray $ 16.52 0.00 SIGN ERECTOR. . . $ 12.96 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation $ 19.07 0.00 TRUCK DRIVER: Distributor Truck $ 14.96 2.17 TRUCK DRIVER: Dump Truck $ 12.19 0.00 TRUCK DRIVER: Flatbed Truck $ 14.28 0.00 TRUCK DRIVER: Lowboy Truck $ 15.07 0.00 TRUCK DRIVER: Slurry Truck $ 11.96 0.00 TRUCK DRIVER: Vactor Truck $ 14.21 0.00 TRUCK DRIVER: Water Truck $ 13.17 1.60 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the-sctpe of-the classifications lied"may be added after award only as provided in the labor standards contract clauses 29CFR 5.5 (a) (1) (ii)). http://www.wdol.gov/wdol/scafiles/davisbacon/FL221.dvb?v=0 3/6 1/28/2016 www.wdol.gov/wdol/scafiles/davisbacon/FL221.dvb?v=0 A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of fhe Admni§trator 3s not—favorab-le, an interested party may appeal directly to the Administrative eview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. http://www.wdol.gov/wdol/scafiles/davisbacoNFL221.dvb?v=0 5/6 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (I) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or Its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time Is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs to be employed in the classification or their incurred for more than a weekly period (but not less often representatives, and HUD or its designee do not agree on han quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent In each classification in which 1215-0140.) work is performed. The wage determination (including any d The wage additional classification and wage rates conformed under ( ) e wa 9 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 not (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a listed in the wage determination and which is to be fringe benefit which Is not expressed as an hourly rate, the employed under the contract shall be classified in contractor shall either pay the benefit as stated in the conformance with the wage determination. HUD shall wage determination or shall pay another bona fide fringe approve an additional classification and wage rate and benefit or an hourly cash equivalent thereof. fringe benefits therefor only when the following criteria have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) revious editions are obsolete Page 1 of 5 ref.Handbook 1344.1 is i (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed In percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph A.3.(1i)(b). specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code. listed on the wage determination for the applicable (III) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives 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 required 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 the (II) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work 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 by (I) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than 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 an apprenticeship program, who is not Individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services 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 for not-b-e-gre-aterthamthe-ratio-permitted-to the con-trractor-a less_ than full---fringe—benefits—for--appr-entises.---.Ar.y to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not •porker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by revious editions are obsolete form HUD-4010(06/2009) Page 3 of 5 ref.Handbook 1344.1 • (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. ?revious editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 TAB NITECI OILDERS _C.ORP. Experience & References: Project Name: Rafuls & Associates Miami Garden Park Location of Project: 18000 NW 59th Ave Delivery Method: Direct Purchase Scope of Work: Water Sewer,Paving&Drainage Initial Value of Project: $2,000,000.00 Final Cost of Project: $2,000,000.00 Owner's Information: Nelly Telephone#: 305-883-8881 Project Name: Palm West Business Park Location of Project: 7800 W 24th Ave Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving&Drainage Initial Value of Project: $1,200,000.00 Final Cost of Project: $1,200,000.00 Owner's Information: Ana Lanier Telephone#:305-796-9749 Project Name: Amelia Oaks Location of Project: 295 W 79`h Place Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving &Drainage Initial Value of Project: $1,100,000.00 Final Cost of Project: $1,100,000.00 Owner's Information: Ana Telephone#: 305-821-6617 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 IIITECI OILDERS aC ORP. Project Name: Opa Locka Hialeah Flea Market Location of Project: 12700 NW 42 Ave Delivery Method: Direct Purchase Scope of Work: Water Sewer,Paving&Drainage Initial Value of Project: $200,000.00 Final Cost of Project: $200,000.00 Owner's Information: Scott Miller Telephone#: 305-778-7921 Project Name: Orivio Building Location of Project: 305 W 5t" Street Delivery Method: Direct Purchase Scope of Work: Water Sewer, Paving&Drainage Initial Value of Project: $100,000.00 Final Cost of Project: $100,000.00 Owner's Information: Iridio Telephone#: 305-308-5891 16115 SW 117 Avenue, Suite 23 • Miami, Florida 33177 • Phone 305.259.1980 • Fax 305. 259.1970 CGC# 054992 TA B .•• ^■ UNITE-7 OP ID:RF '4�,�- -- CERTIFICATE OF LIABILITY INSURANCE DATE 03/09DDIYYYY) 03/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:ACT Eugenio Rey Abacoa Insurance Group-MIA PHONE 305-259-1980 FAX 8000 NW 7th Street,Suite 202 (A/C.No,Eat): I(A/C,No): Miami,FL 33126 ADDRESS:eugenio@unitechbuilderscorp.com Kathleen Betancourt INSURER(S)AFFORDING COVERAGE NAIC P INSURER A:General Ins.Co.of America 24732 INSURED Unitech Builders Corp INSURER B:Mt.Hawley Insurance Company 37974 16115 S L 33177 117 Avenue#23 Miami,FL INSURER C:Bridgefield Employers Ins.Co. Miami INSURER D:Mt Hawley Insurance Company INSURER E:Lloyd's INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL BUSK- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR END POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)._ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY MGL0181868 02/26/2016 02/26/2017 100,000 PREMISES(Ea occurrence) $ CLAIMS-MADE © OCCUR MED EXP(Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n FM n LOC Ded $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO 02-CE-225710-1 04/10/2015 04/10/2016 BODILY INJURY(Per person) $ ALLOWNED. SCHEDULED AUTOS " AUTOS BODILYINJURY(Peiabciden1)-$ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (PER ACCIDENT) PIP/MedPay Blanket Al UM $ 1,000,000 UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS I I ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 830-47544 03/05/2016 03/05/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 ' C Professional ANE1440445.14 04/10/2015 04/10/2016 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Project Description: Design Build Services for NW 38th Ave Roadway and Drainage Improvement RFP No: 2016-2502100 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Opa-Locka ACCORDANCE WITH THE POLICY PROVISIONS. 780 Fisherman Street OPA-LOCKA,FL 33054 AUTHORIZED REPRESENTATIVE I Kathleen Betancourt ) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 # Client#: 1051726 AMBROINCI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)' 03/10/2015 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES f 3ELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT • NAME: USI Insurance Services,LLC, PHONE 813 321-7500 PAx 813 321-7525 1715 N.Westshore Blvd.Suite 700 (A/C, Exc): (AlC,Ne); ADDRESS: Tampa,FL 33607 INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:Phoenix Insurance Company 25623 INSURED INSURER B:Colony Specialty Insurance Comp 36927 Ambro,Inc. INSURER C 13335 S.W.124th St., Unit#111 Miami,FL 33186 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD, POLICY NUMBER _(MM/DDIYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X X 6808771L113 03/21/2015 03/21/2016 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 j GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_$2,000,000 POLICY n ECT LOC S AUTOMOBILE LIABILITY X X 6808771L113 03/21/2015 03/21/2016 COMBINED SINGLE LIMIT (Ea accident) s1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALLOWNED. _.. .__.SCHEDULED.. _.. • BODILY INJURYjFer accident) $ __- • AUTOS AUTOS _ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- ()TH- ANE)EMPLOYERS'LIABILITY Y/N TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ B Professional IAE1022405 04/15/2014 04/15/2015 $500,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Professional Liability coverage is written on a claims-made basis. CERTIFICATE HOLDER CANCELLATION ForProposal-Purposes SHQULDA _O NYETHEABOVE_DESCRIBED_ROUCIES-BE_CANCELLEDBEFORE I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ' AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14590497/M14590486 GITEW This page has been left blank intentionally: TAB State of Florida Department of State I certify from the records of this office that UNITECH BUILDERS CORP. is a corporation organized under the laws of the State of Florida, filed on February 24, 1992. The document number of this corporation is V16726. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 29, 2016, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Tenth day of March, 2016 . 164% 04NAA -5i 4" .mss j,' Secretary of State Tracking Number:CU6176203955 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfstatus/CertificateAuthentication . , ! . • ' t _...__. . 4.-_ .. . . . .. _... .. . RICKSCOTT _ _ , -- - -GOVERNOR KEN LAWSON,SECRETARY ----77.--74--. ..----,----77.7--„-------7=---------n-••z-47---77---,--.1,---:----77---7-` ...---1— ,- ,-•---7---,.. ---- -r--r;-7,-,--T-7---,•: ----:-.-:'.--- ----"-'-';-`---------.----'-:,--'' —‘, ..------''----STATE.OF.FLORIDA ----,:-',.,.-\- \-‘'..-'-',- .`•--:"-;'.7. 4--.'..- -, '• ' - -..:::-..:":::::•---!:'.,-- ----'''':,::1 DEPARTMENT'OF BUSINESS ANDYROFESSIONAL-REGULATION'-'-.-'-::-"''-,. ..... ,,. ... .„4-irir-.4 ..4--1,_ .......--12,-'-i,-;;---.----.,-. -------.------,:.-" --CONSTRUCTION,1NDUSTRY-.LICENSING'BOARD .. 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BUSINESS NAME/LOCATION RECEIPT NO EXPIRES UNITECH BUILDERS CORP RENEWAL , v t SEPTEMBER 30 2016 16115 SW 117 AVE 23 2842848 Must be displayed at place of business' MIAMI FL 33177° Purrrsuantto County Cade Chapter 8AArt 9&10 • OWNER SEC.TYPE OF BUSINESS UNITECH BUILDERS-CORP 196 GENERAL BUILDING CONTRACTOR' PAYMENT COLLECTOR ' CG t3Y TAX COLLECTOR Workerks)' 10 $75.00 09/22/2015 ECHECK15-164233 This Local Business Tax Receipt only confirms payment of the Local Business fax.The Receipt is not a license, permit,or a certification_otthe_holder's qualifications.to dobus nness.-Holder-must comply with-any governmental or nongovernmental regulatory laws and requirements which app ly to the business. The RECEIPT NO.above must be displayed on all commercial vehicles Miami-Dade Code Sec 8a-276. For more information,visit www.miamidade gov/texcollector State of Florida Department of State I certify from the records of this office that AMBRO, INC. is a corporation organized under the laws of the State of Florida, filed on September 7, 1988. The document number of this corporation is M98381. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 25, 2016, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-fifth day of January, 2016 ^4 _ 167AS• 044". Secretary of State Tracking Number:CC2444893004 To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.su n biz.org/Filings/CertificateOfStatus/CertificateA uthenticatio n Internal Services Department MIAMI-LaADE Small Business Development COUNTY 111 NW 1 Street,19th Floor Miami,Florida 33128 miamidade gav T 305-375-3111 F 305-375-3160 CERT.NO: 11152 Approval Date:03/31/2015-MICRO/SBE April 2,2015 Expiration Date:03/31/2018 Mr.Emile Amedee AMBRO, INC. 13335 SW 124th St,Unit 111 Miami,FL 33186-0000 Dear Mr.Amedee: Miami Dade County Small Business Development(SBD), a division of the Internal Services Department (ISD)has completed the review of your application and attachments submitted for certification. Your firm is officially certified as a Miami Dade County Micro/Small Business Enterprise (MICRO/SBE) in accordance with section 2-8.1.1.1.1 of the code of Miami Dade County. This MICRO/SBE certification is valid for three years provided that you submit a "Continuing Eligibility Affidavit"on or before your anniversary date of March 31 for the first and second year of the three year period. The affidavit must indicate any changes or no changes in your firm pertinent to your certification eligibility. The submittal of a"Continuing Eligibility Affidavit"annually with specific supporting documents on or before your Anniversary Date is required to maintain the three year certification. You will be notified of this responsibility in advance of the Anniversary Date. Failure to comply with the said responsibilities may result in immediate action to decertify the firm. Pursuant to the applicable section of the code as listed above,"once your firm has been decertified,your firm shall not be eligible to re-apply for certification for twelve(12)months from the time of the decertification." If, at any time, there is a material change in the firm, including, but not limited to, ownership, officers, director, scope of work being performed, daily operations, affiliation(s) with other businesses or the physical location of the firm, you must notify this office, in writing, within (30) days. Notification should include supporting documentation. You will receive timely instructions from this office-as to how you should proceed, if necessary. This letter will be the only approval notification issued for the duration of your firm's three years certification. If the firm attains graduation or becomes ineligible during the three year certification period you will be properly notified following an administrative process that your firm's certification has been removed pursuant to the code. Your company is certified in the categories as listed below affording you the opportunity to bid and participate on contracts with goals. Please note that the categories listed are very general and are used only to assist our customers in searching the directory for certified firms to meet contract goals. You can find the firm's up-to-date certification profile as well as all other certified firms on the Miami Dade County Internal Services Department, Small Business Development Certified Firms' Directory at the website http://www.miam idade.gov/business/business-certification-programs.asp. Thank you for doing business with Miami Dade County. ( /,Si cere► Gary Hartfield, Division Director Small Business Development Division CATEGORIES:(Your firm may bid or participate on contracts only under these categories) COST ESTIMATING(MICRO/SBE) ENVIRONMENTAL IMPACT STUDIES(MICRO/SBE) CONSULTING SERVICES(MICRO/SBE) ANALYTICAL STUDIES AND SURVEYS(CONSULTING)(MICRO/SBE) ENGINEERING CONSULTING(MICRO/SBE) ENVIRONMENTAL CONSULTING(MICRO/SBE) FEASIBILITY STUDIES(CONSULTING)(MICRO/SBE) GOVERNMENTAL CONSULTING(MICRO/SBE) 013DR0021,v 20140018 Mr.Arnedee AMBRO,INC. April 2,2015 Cert No: 11152 MANAGEMENT CONSULTING(MICROISBE) CONSULTING SERVICES(MICRO/SBE) c: Veronica Clark,SBD Laurie Johnson, SBD DOININC0,2014W fx • NTY miamde•gov \II Internal Services Department April 02,2015 Small Business Development 111 NW1Street 1 Miami,Ronda 33128 Mr.E T 305-375-3711 F 305375-3160 I AMB mile P.gmedee RD INC. CERT NO: 13335 SW 121 th St 9828 Miami, F�33186-ppo�nit 111 Approval Date: 3/31/2015 SBE/AE Expiration Date: 3/31/2018 Dear Mr Amedee: biami_pade Count completed the review Small Business Development section m1 Dade County your application elo (SBD 2-10.4 01 of the C0 mall Business and attachments a division of the Ti* Miarn E de°f Business Enterprise Architectural for certification.Services Department with before your anniversary is v County. &Engineering four firm is officially(ISO)has ei indicate niversa valid for three 9(SBE/AE)in accordance wit certified „C,o any changes)certi or rY date aid Year provided ntinuing Eligibility no changes in for the first and you submit a" required fore to r aint • r Affidavit"of Your firm secon Conlin An d cat a maintain the three annually with specific to your d year of the three"Continuing Eligibility Affidavit' rY Date. Failure to Affidavit"a cually with p cific supporting documents eligibility.re year period. The affidavit or If at any time there comply with the said r will be notified a ments on or The submittal of a must work being ere 1s a material than eSponsibilities may responsibility in your to decertify p must notify this performed,daily operations,ge in ,y Date is offic the firm including, result immediate action of the receive If at ani time a in-writir9 l hag affiliations)with ut n mite a•.rove instructions from (3p of ti to decertify the firm. radu= 1 fY this issued within(30)days.Notification sr uldbusinesses ortth ownership, director,scope of ,nor d for to ho should e fo lowfn, an administrative►n•►t,t•I d duration o f our should r supporting ation of the firm, nistrativ the our firm• proceed,if necessary.g documentation. You will you Your tom a 'rI•I,d that a three ear c_rtif three Bare ce• 1h18 left r will be the Will Aany is certified our firm's certification i.n •been tied contracts with Small the sate ation/i • WI If the firm attains +n rtific Business Enterprise as listed bet as been removed be'ro•erl otlfied Please note that the a measur °11 affording ureuant to the code. directory for categories g You the opportunity to bid and participate on Firms'Directory the Miami-Dade tract goals. You are used only to assist•• .ht4 Y Internal Services he firm's up-to-date°u.Gusto Thank you for ' •,•_ customers in searching the your interest •• /. Department, certification profile as well as all st in doing business Sma11Sincerely, ss with ' Business Develo Miami-Dade pment Certified Miarni_p CO -. •• . r Small mson, SBD Se Business Development Section Chief 1 PQ Certificate No.: 2009-650266641-11 Approval Date: 6/17/2015 Expiration Date: •6/30/2016 Miami-Dade County, Florida —� Internal Services Department ARCHITECTURE/ENGINEERING (AlE} - -PRE-QUALIFICATION CERTIFICATE Ambro, Inc, T h i s c o i l/ 'a t e i s heal?),i s r r e d t o: 1 3335 SW I 24th Street,Suite I I I Miami, FL 33186 The above name applicant is pre-qualified to provide professional NE services for Miami-Dade County for the period indicated above. The applicant has committed its firm to comply with the specific conditions listed below: 1. Pre-Qualified to offer professional services only in the Miami-Dade County technical categories shown in the "Statement of Technical Qualifications."All technical category restrictions must be strictly adhered to. 2. Pre-Qualification Certification(PQC)consolidates the technical certification, affirmative action plan, and vendor registration into one streamlined certification process resulting in the issuance of a Pre-Qualification Certificate. 3. Report any significant changes, such as contact person, qualifier, ownership, firm address, etc., to Professional Services Certification located at 111 NW 1St Street, Suite 1300, Miami, FL 33128, within 30 days of such a change. Failure to report said changes to the County may result in the immediate suspension or termination of your firm's Pre-Qualification Certification. 4. Firms are responsible for observing and adhering to Miami-Dade County's Administrative Order 3-39 "Standard process for construction of capital improvements, acquisition of professional services, construction contracting, change orders and reporting". 5. Failure to renew your firm's PQC at least thirty(30)days prior to your firm's current expiration date may result in the suspension and/or termination from County programs and current or future contracts until your firm's Pre- Qualification Certification has been properly renewed.Any lapses in the certification of any of the required PQC areas (vendor registration, affirmative action plan, or technical certification)will result in a lapse in your PQC. Firms are responsible for observing and adhering to all submission deadlines. 6. Any renewal applications and/or supporting documents submitted after the application deadline might delay the review of your firm's PQC certification to the next available Technical Certification Committee meeting. The PQC application, submission deadlines, and the Technical Certification Committee meeting calendar can be found on Procurement Management web site located at:http://www.miamidade.gov/Internalservices/pre- quailification-certification.asp 7. Permit Miami-Dade County representatives to have access during normal business hours to audit books and records to verify information submitted with this application. This right of access shall commence on the approval date of this certificate and shall terminate on its expiration date. Please note that if at any time Miami-Dade County's has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, the County may refer the matter to the State Attorney's Office and/or other investigative agencies, initiate debarment procedures, and/or pursue sanctions or other legal remedies in accordance with Miami-Dade County policy and/or applicable federal,state and local laws. Nubia Jarquin MIAMI'DADE Professional Services Certification 305-375-5637 Miami-Dade County 1111=6111M1 MIN=MIAMI • D Internal Services Department Statement of Technical Certification Categories Firm: AMBRO, INC. 13335 SW 124th Street Suite 111 Miami, FL 33186 CATEGORY APPROVAL EXPIRATION NO: CATEGORY DESCRIPTION DATE DATE 3.01 HIGHWAY SYSTEMS-SITE DEVELOPMENT AND PARKING LOT DESIGN 6/17/2015 6/30/2017 3.02 HIGHWAY SYSTEMS-HIGHWAY DESIGN 6/17/2015 6/30/2017 3.09 HIGHWAY SYSTEMS-SIGNING, PAVEMENT MARKING,AND 6/17/2015 6/30/2017 CHANNELIZATION 3.11 HIGHWAY SYSTEMS-SIGNALIZATION 6/17/2015 6/30/2017 6.01 WATER AND SANITARY SEWER SYSTEMS-WATER DISTRIBUTION AND 6/17/2015 6/30/2017 SANITARY SEWAGE COLLECTION AND TRANSMISSION SYSTEMS 6.02 WATER AND SANITARY SEWER SYSTEMS-MAJOR WATER AND 6/17/2015 6/30/2017 SANITARY SEWAGE PUMPING FACILITIES '.03 WATER AND SANITARY SEWER SYSTEMS-WATER AND SANITARY 6/17/2015 6/30/2015 SEWAGE TREATMENT PLANTS 7.00 SOLID WASTE COLLECTION AND DISPOSAL SYSTEMS 6/17/2015 6/30/2017 10.01 ENVIRONMENTAL ENGINEERING-STORMWATER DRAINAGE DESIGN 6/17/2015 6/30/2017 ENGINEERING SERVICES 16.00 GENERAL CIVIL ENGINEERING 6/17/2015 6/30/2017 17.00 ENGINEERING CONSTRUCTION MANAGEMENT 6/17/2015 6/30/2017 /O44q dr z Lana Moorey, P.E., Chairperson Technical Certification Committee TA B C O O u s Y of O ii N d L 3af d 3 xa L y O t d C ; N eZ cg v o ra` a.. C fli N t a o, L � 0 0 CU a 0 Li) Ci _ 13 a $ w II 0 "' u° a u .� o v u O Cis kr 01. kr CU 1 v a., C u a N 8 iu le a cu cu 4 e u I- 2 N oe v T A i N d d No a e w N @ C � •a a` p N 41 i d a N c� 9 C N v G v h L7 0 4 16451 SW 197 AVE • MIAMI, FL 33189 PHONE 305-992-0033 • E-MAIL TONY @UNITECHBUILDERSCORP.COM 1 � ANTHONY R . GOMEZ OBJECTIVE To achieve ultimate growth, to have the ability to serve and better our community. BUSINESS' OWNED 1992-PRESENT UNITECH BUILDERS CORP MIAMI,FL Owner/President 2010-PRESENT ALL COUNTY ATM INC MIAMI,FL Owner/President 2001-PRESENT CABIBE INVESTMENTS INC MIAMI,FL Owner/President 1998-PRESENT EAST GLADES NURSERY MIAMI,FL Owner/Vice President 1997-2005 THE CIGAR BOX INCORPORATED MIAMI,FL Owner/Vice President 1992-1996 LOVING BASKETS CORP MIAMI,FL Owner/President 1991-1995 T&S PETROLEUM CORP MIAMI,FL Owner/President EDUCATION MIAMI DADE SOUTH CAMPUS Major:Criminology SOUTH DADE SENIOR HIGH SCHOOL Received High School Diploma-1984 CERTIFIED HILTI FIRE SYSTEM&STOPPING CONTRACTOR ACCREDITATIONS Board Member of Hispanic American Builders Association Board Member of Miami Dade County Crime Stoppers Board Member of ATMIA Qualifications Experience We have over 30 years in the construction industry working in a wide variety of areas such residential, commercial and industrial/government projects. 1. Residential We have done everything in residential from single custom homes to entire developments. We have done the full spectrum of turn key operation to the actual completion of all said projects. This has all been done in conjunction with architects, engineer/consultants, interior designers, and owners. All of this work has always been done meeting all South Florida building, municipality codes and all building officials and inspectors. 2. Commercial We have built complete shopping centers from conception to renovation including from office build outs to complete turn key operations. We also have experience in building office buildings from one story to up to eight (8) story office building from conception to project managing, coordinating all sub-contractors to final completion of jobs. This has all been done in conjunction with architects, engineer/consultants, interior designers, and owners. All of this work has always been done meeting all South Florida building, municipality codes and all building officials and inspectors. 3. Industrial/Government We have completed an exterior ADA project from Miami Dade County GSA Dept. at South Dade Government Center which included demolition of existing structures and landscaping to installing new ADA compliance ramps and sidewalks, elevators and any and all access including new parking for the disabled. We also did total landscaping from sod,irrigation, installation of miscellaneous trees and shrubs to 30ft.Royal Palm trees. All this was done in meeting with codes, inspections and all general compliance. 19000 SW 190TH STREET • MIAMI, FL 33187 PHONE 305-992-0035 • E-MAIL GREG @UNITECHBUILDERSCORP.COM GREGORY GOMEZ OBJECTIVE To achieve ultimate growth, to have the ability to serve and better out community. BUSINESS' OWNED 1992-PRESENT UNITECH BUILDERS CORP MIAMI,FL Owner/Vice President 1983-1992 TONY&SONS CONSTRUCTION MIAMI,FL Owner/Vice President EDUCATION CERTIFIED GENERAL CONTRACTOR CGC#054992 1992 CERTIFIED ROOFING CONTRACTOR 1995 CCC#057322 STRUCTURAL MASONRY INSPECTOR CERTIFIED HILTI FIRE SYSTEM&STOPPING CONTRACTOR ACCREDITATIONS • CERTIFIED GENERAL CONTRACTOR CGC#054992 • CERTIFIED ROOFING CONTRACTOR CCC# 057322 • STRUCTURAL MASONRY INSPECTOR SMI-722 ****REFERENCES AVAILABLE UPON REQUEST*** Qualifications Experience We have over 30 years in the construction industry working in a wide variety of areas such residential,commercial and industrial/government projects. 1. Residential We have done everything in residential from single custom homes to entire developments. We have done the full spectrum of turn key operation to the actual completion of all said projects. This has all been done in conjunction with architects, engineer/consultants, interior designers, and owners. All of this work has always been done meeting all South Florida building, municipality codes and all building officials and inspectors. 2. Commercial We have built complete shopping centers from conception to renovation including from office build outs to complete turn key operations. We also have experience in building office buildings from one story to up to eight (8) story office building from conception to project managing,coordinating all sub-contractors to final completion of jobs. This has all been done in conjunction with architects, engineer/consultants, interior designers, and owners. All of this work has always been done meeting all South Florida building, municipality codes and all building officials and inspectors. 3. Industrial/Government We have completed an exterior ADA project from Miami Dade County GSA Dept. at South Dade Government Center which included demolition of existing structures and landscaping to installing new ADA compliance ramps and sidewalks, elevators and any and all access including new parking for the disabled. We also did total landscaping from sod, irrigation, installation of miscellaneous trees and shrubs to 30ft. Royal Palm trees. All this was done in meeting with codes, inspections and all general compliance. MICHAEL R. PERUYERA 16295 SW 88 Avenue Rd,Miami FL,33157 1 305.495.0133 I mperuyera @gmail.com SUMMARY Project executive with extensive experience and skill in project development,project management,construction management,project scheduling,project budgeting, constructability analysis,and value engineering. RELEVANT SKILLS Languages Fluent in English and Spanish Software •Skilled in:Plan Grid,Plan Swift,Primavera,AutoCAD, Revit, Microsoft Word,Microsoft Project,Microsoft Excel,and Microsoft PowerPoint Expertise •Contract Negotiations,Constructability,Value Engineering,Plan Review,Budgeting, Cost Analysis,Pre Development,Scheduling,and Construction Management EXPERIENCE March 2016- Project Executive, Unitech Builders Corp. Present • Responsible for project coordination,scheduling,budgeting,cost analysis,and material procurement May 2014—March Project Manager, Civic Construction Company 2016 • Project Manager for"The Mile at Coral Gables" -13 Story, 120 Unit,New Construction Residential building with a construction budget of over$20 million May 2012—May Project Manager, The Related Group 2014 Project Manager for Related Urban Development Group Branch of The Related Group • Project Manager/pre development manager involved in all Related Urban Development Projects from 2012—2014,totaling over$60 million in value • Project Manager for"Stirrup Plaza" -6 Story,124 Unit,Extensive Rehab Residential Building • Project Manager for"South Miami Plaza" -6 Story,97 Unit, Extensive Rehab Residential Building • Project Development Assistant"Dante Fascell"6 Story, 151 Unit, Extensive Rehab Residential Building • Project Development Assistant"Joe Moretti"11 Story, 116 Unit,New Construction Residential Building • Project Development Assistant"Collins Park"7 Story,124 Unit,New Construction Residential Building January 2009— Project Manager, Civic Construction Company Inc. May 2012 •Project Manager for"Pescanova World Headquarters" -10,000 SF Premium Office Buildout • Project Manager for"Urban Club" -20 Story,166 Unit,New Construction Residential Building • Project Manager for"400 University Drive" -5 Story,Building Addition and Rehab of Class A Office Building August 2007— Owners Representative, Peruyera&Associates,LLC.. January 2009 •Owners Representative for"Miami Green Building" -13 Story,New Construction Office Building •Owners Representative for"Marriot Courtyard-Miami at Dadeland" -5 Story,New Construction Hotel •Owners Representative for"Metropolis Towers" -Twin 26 Story,397 Unit,New Construction Residential Buildings EDUCATION 2002-2007 Bachelor of Arts—History, University of Nebraska 2002-2007 Bachelor of Science Minor -Construction Management, University of Nebraska 2002-2007 Bachelor of Arts Minor -International Relations, University of Nebraska Page 2 1 Principal/Project Manager Emile Amedee, PE Civil Engineer QAvoC 1` Stanley Fardin,P.E. 1 Senior Water CivilkStructural Resources/Storm Site Lighting Environmental Engineer Engineer Water Drainage Patrick Engineer Tom Marinos, 4 P•E•,SJ., Francisco Hernandez Fredrick Riviere Gon alez,P.E:, z - ED a b L Construction __ 1 . Manager Smith Augustin �, r 4- Office Manager Building Senior Inspector Inspector Construction Norelis Amedee Enrique Leiva Harold Perez Supervisor , - Fernando _ "- I Davalos al ,---; ti Is I y$�:ziicsycro s .ADEE, PE President CEO Al BRO.INC. �� /Consulting Engineers and Planners EDUCATION & REGISTRATION ➢ BS, 1994, Civil Engineering, Florida International University ➢ Professional Engineer, Florida, License No. 57955 Mr.Amedee's 21 years of experience includes design and construction management of land development, municipal, residential and commercial sites, roadway,water and sanitary sewer, stormwater management,environmental assessment report, remediation plan, land development and solid waste management projects. Mr.Amedee has also been involved with the permitting process for pump station facilities,solid waste facilities, and material reduction facilities including air permits and water and sanitary sewer extension projects. MIAMI-DADE WATER AND SEWER DEPARTMENT—As part of the Construction Management Program Project Team,for the South District Wastewater Treatment Plant, he helped locate possible off site deep injection wells and monitoring well sites. For the North District and Central District Wastewater Treatment Plants, he gathered data and prepared CAD drawings for the existing facilities. He coordinated with inspectors to update records as construction progressed. He designed drainage wells to serve the area surrounding secondary clarifiers 11 and 12, provided inspections for Oxygenation Tank, Shredder Building, Primary and Secondary Clarifiers. For the Hialeah-Preston Water Treatment Plant, he performed study on detention time in Chlorine Contact Basin and activated Sodium Silicate monitoring prior to lime, recarbonation, ammoniation, and fluoridation and filtration treatments. Performed engineering calculations for the Chlorination building to find the cone of influence. Mr. Amedee also participated in the Data Review and Post-Construction Inspection Services of Selected PSIP Projects for Miami-Dade Water and Sewer Department(MDWASD)under the Construction Management Program for Utility Facilities. He participated in progress meetings updating MDWASD's management on the status of the project. His work included reviewing documents and conducting site visits to determine if the construction work performed was in compliance with the construction contract documents and if the as-built drawings reflected actual work performed. Mr.Amedee also compared construction contract-inforrrration-with physical 'a .built"information. He generated spread heets and other report components listing findings and recommendations based on MDWASD's minimum construction standards, regulatory agency requirements and accepted engineering practice. Mr.Amedee developed a list of the locations where subsurface investigations were required in order to conduct proper inspection. These activities were documented by way of still photography, videotape and generating reports listing findings and recommendations. Construction activities have been completed on all of the force main projects MDWASD has selected for follow-up investigation. VILLAGE OF PIN ECREST-SW 74th Avenue and SW 75 Terrace Watermain Extension Project. Mr.Amedee was responsible for the design and construction administration of a 12"watermain extension project in the Village of Pinecrest as part of the overall master plan to provide water services and fire hydrants in the area of SW 74th Avenue and SW 75th Terrace. The services included but not limited to project coordination with Miami-Dade Water and Sewer Department, Florida Department of Health and Village of Pinecrest Public Works Department. The CEO services included daily inspection report, verifying quantities, verifying field density reports, asphalt restoration, proper maintenance of traffic devices, coordination with surveying crew, resolve utility conflicts, review pay requisitions and final inspection certification. Mr.Amedee has performed Sanitary Sewer Evaluation Surveys(SSES)for Miami Dade College and for the City of Opa Locka. He was also a consultant for Environmental Performance Systems(EPS)in providing quality control to their sanitary sewer systems repairs and CCTV of thousands of linear feet of pipe throughout the Tri-County area. Part of his tasks in preparing the SSES was to coordinate with local fire departments, residents and Miami-Dade County DERM to insure proper notification and schedule for testing. CITY OF MIAMI-Within the City of Miami, Mr. Amedee has been responsible for the design and construction administration for numerous projects. Some of these projects include the stormwater management facilities for Fairlawn,water main extension on NW 19th Street, roadway restoration on NW 1st Court, new parking lot facilities for Miami-Dade Community College Medical Campus, new fire line to serve Phyllis Wheatley Elementary, onsite engineering for the Seybold Point Shopping Center/Office/Condominium Complex, Lindsey Hopkins Elementary and the Performing Arts Center. Throughout the years, Mr.Amedee has been able to produce construction documents T. EMILE AMEDEE, PE Aki:' President CEO AM INC. -- Consulting Engineers and Planners that conformed to the City of Miami's Engineering Standards For Design And Construction and maintained excellent relationships with the City's engineering staff. Mr.Amedee was part of the City of Miami Emergency Debris Contract Monitoring during the emergency removal of debris within the areas affected by Hurricane Katrina in 2005. Within less than twenty-four(24)hours of notification to provide assistance to the City subsequent to Hurricane Katrina,AMBRO mobilized six(6)monitors to assist the City of Miami's Solid Waste Department with their clean-up efforts. These monitors worked diligently on twelve-hour day shift, seven(7)days a week to help the City in this effort. Upon the City completing their overall assessment,AMBRO was tasked to also provide six(6)additional staff members.The services provided by AMBRO included services such as: Loading Site Monitoring Services, Disposal Site Monitoring Services, Roving Site Monitoring Services, Data Recording, FEMA Documentation and Recording as well as Project Management. Mr.Amedee participated as part of the City of Miami Emergency Debris Contract Monitoring Team during the emergency removal of debris within the areas affected by Hurricane Wilma in 2005. AMBRO mobilized monitors to assist the City of Miami's Solid Waste Department with their clean-up efforts. These monitors worked diligently on twelve-hour day shift, seven (7)days a week to help the City in this effort. AMBRO provided the overall project management, site monitoring,field monitoring, photo documentation, accounting and data input. The work involved closed coordination with City's staff and FEMA representatives. MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT— Mr.Amedee provided the Civil Engineering services for a new right turning lane on SW 6 Street from SW 127 Avenue in Miami-Dade County. The services included roadway design, paving, grading,drainage, pavement markings and signage. Mr.Amedee was also the construction manager for the Countywide Sidewalk improvement project. Some of his duties included conducting pre-construction meeting; notifying the public; responding to complaints; issuing the work orders; inspecting the work; documenting the progress; enforcing the construction codes; recommending approval of Contractor's payments;conducting final inspections and generating punch lists. Also responsible for submitting a monthly report that documents and quantifies all completed__ work byte Contractor. Mi.Amedee was involved in a 2-mile roadway design for N.W. 87th Avenue as part of a Miami-Dade County Public Works Department project. For the relocation of SW 152nd Avenue at Campbell Drive(SW 312th Street)he was responsible for the design of the drainage system and utility placement. Some of the roadway and traffic projects in which Mr.Amedee has been involved in include the design and inspections of the median opening in Park Boulevard as part of the Palm Plaza I I Shopping Center Project, assistance in the drainage design for S.R. 776 in Charlotte County and assistance in the drainage design for S.R. 30 in Walton County. FLORIDA DEPARTMENT OF TRANSPORTATION -Mr.Amedee was involved in the pavement widening design of the Intersection of S.W. 87th Avenue(SR 973)and S.W. 128th Street as part of a Resurfacing, Restoration and Rehabilitation(R.R.R.)project for the Florida Department of Transportation(F.D.O.T.). He is currently involved in the drainage design for Sandy Lane(Lee County). This project involves the design of a combination of lakes and dry retention systems to collect stormwater runoff from 2.5 miles of new roadway along with adjacent development. He participated in the parking occupancy data collection as part of the Baptist Hospital Expansion Project. He has also participated in various traffic data collection projects throughout Miami-Dade County. In Fort Myers, Florida, Mr. Amedee was responsible for the design of the drainage system for the 2.5 mile extension of Sandy Lane Road. SOLID WASTE EXPERIENCE- Mr.Amedee participated in the Miami-Dade County Solid Waste District Study by coordinating the work of the waste generation data gathering survey personnel. The purpose of the survey was to obtain or verify data required to calculate waste generation factors for different types of land uses. For Dade Recycling Inc. and Big Apple, which are solid waste facilities, he is involved in preparing construction drawings for the drainage and for site work scheduling. The stormwater management system consisted of a perimeter dry retention system capable to collect and dispose of_th.e 25-year_3-day.zer_o_discharge_storm_events.._.For Dade Recycling Inc,he worked on the design of the concrete slab,foundation and special supports for the recycling plant's crusher and three level vibrating screens. He has also been involved in the permitting of the Materials Reduction Facility(MRF)for Big Apple Demolition, Atlas-Homestead Landfill,World Waste,WSI and A.B. Martin Transfer Station. LAND DEVELOPMENT EXPERIENCE-Mr.Amedee has performed civil engineering designs and engineering construction management for numerous high-density residential and commercial units throughout Miami-Dade County. EMILE AMEDEE, PE President CEO / dit MBR0.INC. Ahh,. Consulting Engineers and Planners These projects include: Havana Lofts, Seybold Point Condominiums, Groveland Condominiums, Glass Lofts At Brickell,Atrium At Spring Gardens, Monex Properties, El Prado Homes, Lake Vue Villas and many more. He was responsible for the design and preparation of the construction documents and specifications for the paving,grading, drainage,water and sewer utilities to service these projects. Mr.Amedee has performed various designs and construction management services for private developers. For 3P's of Miami, He was responsible for the site engineering design for over 5 acres of warehouses. This project included obtaining wetland permits and Environmental Resources Permit through the regulatory agencies such as FDEP, DERM, Town of Medley, etc...For Visionscape Developers, he was responsible for the design of the outfall remediation plan,water and sewer service to 10 new waterfront townhouses. For F&G Developers, he was responsible for the design of the parking lots and the entrance features to serve the Homestead Pediatric Center. This included obtaining driveway and drainage permit from the Florida Department of Transportation. At the City of Palm Bay in Melbourne County, he was responsible for the development of civil engineering plans for the construction of a six-lane roadway extension on Malabar Road. He was also responsible for the design and construction coordination for the site engineering for over 40 acres of mix-used facilities land development. This work includes the design of two lakes to be used for stormwater retention and several lift stations. For the Miami-Dade County Fire Rescue 49 at the Port of Miami, Mr.Amedee prepared all civil related designs including obtaining an Environmental Resources Permit from the Florida Department of Environmental Protection. MIAMI-DADE AVIATION DEPARTMENT-Mr.Amedee has performed civil engineering design and engineering construction management for numerous airport projects. These projects include the design of the drainage system for the improvements of Miami International Airport(MIA)perimeter road,the design and construction management of the drainage swales and control structures surrounding the MIA fuel farm. Mr.Amedee participated in the design of the storm water management facilities for the roadway improvements on Perimeter Road(Package 1,2 and 3)from Central Blvd to west of NW 57th Avenue. The project involved the design of hybrid drainage systems composed of exfiltration trenches, storm sewer, pollution retardant/overflow structure and positive discharge to nearby canal. He was also the project engineer for theFuel Farm LSrainage Study. This study involved the re-designing of the Fuel Farm drainage system in the south and west boundary of the facility to accommodate future roadway improvements. Mr. Amedee was involved in the upgrade of the Aviation Fuel Storage and Distribution Systems. These improvements include the North Station Pumps upgrade, installation of Tank#21 Dike Area Containment, Modification to the Truck Containment Pad at the West Cargo Truck Loading Rack, and other improvements. MIAMI DADE COUNTY PUBLIC SCHOOLS(MDCPS)- For the Signalization and Pavement Marking on Ives Dairy Road project, he was responsible for the Civil Engineering services including design and construction management of a right turning lane, school zone signage and pavement markings and solar powered flashers. Mr.Amedee has been involved with the site engineering for numerous MDCPS such as:Thena Crowder, Comstock, Poinciana Park, Nathan Young, Dunbar,Allapatah, J.H. Bright,Whispering Pines,Ada Merit, Gloria Floyd, Miami-Killian,Sunset and Coral Terrace Elementary Schools. The work included design of the paving, grading, drainage,water main extensions and sewage collection systems. The sewer design for Coral Terrace included the abandoning of the existing septic tank systems and installing a gravity system with a pump station and force main. He also prepared conceptual sanitary sewer designs and cost estimates to convert 42 schools from septic tank to gravity sewer. Mr.Amedee performed water demand analysis for several playfield areas to place irrigation systems on water wells versus public utility services. For West Lab Elementary, he has prepared the permit package to H.R.S. for a septic tank system. He has designed water main and gravity sewer systems on several school sites and subdivisions. For South Miami Senior High School, Mr.Amedee was in charge of the design and permitting for new pump station. This project included jack and bore under FEC railroad to connect a new forcemain to an existing system. As a proposed hurricane shelter, part of the design included preparing a comprehensive plan and providing temporary water and sewer holding systems. PRIVATE SECTOR EXPERIENCE > Urban Development Group: Lake Vue Villas -Prepared construction drawings for grading and drainage within the project boundary. The drainage system was designed utilizing a storm runoff disposal system in accordance with Miami-Dade County Department of Environmental Resources Management(D.E.R.M.)Water Control Section requirements. Prepared construction drawings and provide construction engineering observations for approximately 2100 linear feet of water main extension along NW 17th Avenue. Construction drawings were prepared in accordance with the City of Opa Locka Public Works Department and Fire EMILE AMEDEE, PE AMBRO.INC. Consulting Engineers and Planners Department requirements. Prepared construction documents for sanitary sewer lateral and gravity sewer main. Design and permitting of a new private lift station north of the property to service the project only. > World Waste Services: Solid Waste Facilities Permitting and administration—Mr.Amedee is responsible for the site assessment, planning, site development,solid waste permitting for Material Recovery Facilities(MRF)and construction and demolition debris landfills. He is responsible for providing monthly reports,reviews and maintains scheduling of semi-annual groundwater monitoring, updates financial assurance documentation, coordinates with regulatory agencies such as Florida Department of Environmental Protection(FDEP), Miami-Dade County Department of Environmental Resources Management(DERM)and South Florida Water Management District(SFWMD). > WSI—Opa Locka:Opa-Locka Recycling and Transfer Station - Design and permitting of a construction and demolition debris recycling center. The services included the preparation of Operation and Maintenance manual and Engineering Report,the design and construction management services for the facilities concrete reinforced structure, tipping slab, push wall,weighing scale and dry retention stormwater management area. INTERNATIONAL EXPERIENCE > USAID (Design-Build Millet Bridge - Haiti): Design/build project to remove and replace the bridge over Ravine Millet between Petion-Ville and Tabarre. Mr.Amedee is the Senior Manager overseeing the design of: (a)architectural, geometrical and structural characteristics of the bridge and its approach roads; (b)upstream and downstream ravine channel dimensions,characteristics and all projected traffic volume and axle load characteristics; (b)pedestrian and non-motorized traffic demand; (c)the geotechnical, geological, hydrological, drainage and projected flow characteristics of the Millet Ravine; (d)construction and maintenance unit cost analysis and related budgets needed to implement and maintain the proposed new Millet Bridge; and(e)the schedule of construction implementation of the proposed new bridge,approach roads and its related ravine protection works. Upon approval of the construction documents by USAID and M-TPTC, demolition of the existing bailey bridge and construction of the new bridge will begin. > USAID/ CHEMONICS (Haiti Recovery Initiative): Design-Build for Rehabilitation of Gymnasium Vincent. Complete design, construction, and construction management associated with the work related to the complete rehabilitation of Gymnasium Vincent. > USAID (Permanent Shelters Site Preparation of the Cap Haitien Development Corridor in Quartier Morin,Terrier Rouge and Ouanaminthe)—Mr.Amedee is the Senior Project Manager overseeing the site preparation services for permanent shelters in Quartier Morin,Terrier Rouge and Ouanaminthe, as part of USAID plans to make significant contributions to the shelter and settlements sector.The site development work being performed on the Quartier Morin,Terrier Rouge and Ouanaminthe development sites in the Northern Corridor are part of the United States Government(USG)permanent shelter program.The purpose of this program is to provide a culturally appropriate dwelling on a modest site made from locally available materials that can be easily repaired or expanded and that is capable of safely resisting the natural-hazards of the country. On these new settlements, USAID will build Sites and Services(S&S)for approximately 184 lots at Ouanaminthe, 258 lots on Quartier Morin and 242 lots on Terrier Rouge,which are lots serviced with basic infrastructure, including access to water and basic sanitation, roads,footpaths and storm drainage. > USAID (Site Development; Construction Management; Water Assessment for Permanent Shelter for Caracol EKAM Site; & Programmatic Environmental Assessment for all Future USAID Shelter Sites in Haiti)—Mr.Amedee is overseeing_the_site_development.work to be done_on the_Caracol EKAM sits in the Northern Corridor as part of the United States Government(USG)permanent shelter program. On this new settlement, USAID will build Sites and Services(S&S)for approximately 1598 lots,which are lots serviced with basic infrastructure, including access to water and basic sanitation,roads,footpaths and storm drainage. In addition to the site development work and related activities, Mr.Amedee is responsible for the construction management of the housing construction that will be implemented by two different mechanisms. He is also assisting USAID in the procurement and the selection of the construction contractor, and will insure quality k tEMILEAMEDEE, PE MBRO At, Aih,. President CEO / ,INC. Consulting Engineers and Planners assurance and quality control for both the contractor and the implementation partner. Mr.Amedee will therefore review and approve both implementers'quality assurance plans and will provide quality control on the sites through the provision of dedicated site engineers. Mr.Amedee will also assist USAID in the review and approval of vouchers and in the management of construction contractor claims.This task will include inspecting, measuring,and monitoring all materials, equipment testing, and construction activities associated with this project to verify that these contracts are executed in accordance with the contract specifications, and are consistent with good engineering practice. Mr.Amedee is also responsible of performing a water availability assessment on this site and to complete a Programmatic Environmental Assessment(PEA)for all future USAID shelter sites in Haiti. USAID (Civil Engineering Design and Environmental Assessment of Caracol EKAM Site- Haiti) - USAID intends to build permanent housing, core houses, in the Cap Haitien Development Corridor in conjunction with the development of an industrial park. Mr.Amedee is the Senior Project Manager overseeing the engineering and environmental services for the project. Components of the engineering services, at a minimum, include the following elements: 1)Road layout, design and construction showing the basis for roadway widths, subgrade requirements and pavement design;2)Water system design including the well system,controls, storage, stand by power,and the distribution system including kiosk design; 3)Drainage layout and design including erosion and sediment control and all relevant calculations;4)Sanitation solution including all relevant calculations and training and other factors necessary to ensure sustainability; 5) Solid waste solution/disposal; 6)House pad preparation solutions; and 7) Final parcel identification solutions. CEEPCO is also obtaining the topography for the site. The topography should generally be on a scale of 1:2000 or better and the contour interval should be 1/2 meter or better. CEEPCO is responsible for developing the Scoping Statement for the environmental analysis and completing the draft Environmental Assessment for the permanent settlements. CEEPCO will also provide geotechnical services and furnish a report on the results of the soil analysis when it is completed. USAID (Environmental Assessment for"Hopital de l'Universite d'Etat d'Haiti")—Mr.Amedee is in charge of the Environmental Assessment(EA)for the reconstruction of multiple l'Hopital de l'Universite d'Etat d'Haiti(HUEH)buildings located on the hospital grounds in central Port-au-Prince, Haiti. The objective of the Environmental Assessment is to provide an issue-driven analysis of potential adverse environmental impacts stemming from the implementation of construction and reconstruction activities.The assessment is based on USAID Environmental Procedures(22 CFR 216). Findings of the EA will become the basis for the selection of a preferred alternative and will guide the environmental protection requirements to be applied by the principal contractor, subcontractors, and beneficiaries.The preparation of the Environmental Assessment must take into consideration the Government of Haiti's environmental regulations that stipulate in The Decree on Environmental Management,Articles 56, 58, 59 that all entities planning activities with potential impact on the environment must prepare an environmental and social assessment at the expense of the entity proposing the activity. The Environmental Assessment will evaluate the environmental impact of the proposed activities, identify means to prevent negative environmental impact whenever possible, and recommend means to mitigate and monitor the environmental impacts that cannot be avoided. USAID / DAI (DEED): (Technical Assessment of Roadways and Other Infrastructure in Montrouis and Limbe Watersheds- Haiti)-Engineering and architectural design services relevant for DEED's priority infrastructure rehabilitation work scheduled in the watersheds of Montrouis and Limbe and to orient DEED's future infrastructure micro-projects and its work with competent Haitian technical professionals. Mr. Amedee completed a report on the inventory and prioritization of infrastructure works in both of DEED's watersheds in October 2009. These included: roads; road culverts, small bridges water passages;erosion and flood control devices or structures;irrigation works,water-capitation;water supply conveyance including piped distribution and tanks; rural marketplace physical infrastructure. OTHER RELEVANT PROJECTS IN HAITI ✓ USAID/DAI(DEED): (Transition Work and Technical Assessment of Power Plant and Other Infrastructure in Montrouis and Limbe Watersheds) EMILE AMEDEE, PE President CEO INC. AMBRO,Consulting Engineers and Planners • USAID/DAI(HRI): (Structural Evaluation of Ministry of Culture and Communication) ✓ USAID/CHEMONICS(HRI): (Structural Evaluation and Seismic Analysis of Former US Chancery Facilities and Former USAID Offices) ✓ USAID/CHEMONICS(HRI):(Design-Build for Rehabilitation of Gymnasium Vincent) ✓ USAID/PARSONS(Civil Engineering for Resettlement Sites Around Port-au-Prince) ✓ USAID/PARSONS(Environmental Engineering for Resettlement Sites Around Port-au-Prince) ✓ USTDA/PARSONS(Least Cost Expansion Strategy and Power Sector Study for Countyrwide) ✓ USAID/Chemonics(Structural Evaluation and Seismic Analysis of Gymnasium Vincent) ✓ OPIC—Independent Engineering Quality Control of a Ready-Mix Concrete Production Plant ✓ USAID/Chemonics-Feasibility Study for Roadways in Cap Haitien ✓ USAID—Demolition of Maison du Tourisme in Port-au-Prince ✓ PROCHE(PROCHE Proximite Catholique avec Haiti et son Eglise) ✓ USAID/Chemonics HRI -Rehabilitation of Caracol Recreational Center ✓ USAID/Chemonics HRI -Rehabilitation of Trou du Nord Recreational Center ✓ USAID/Chemonics HRI-Rehabilitation of Limonade Recreational Center ✓ USAID/Chemonics HRI-Rehabilitation of Fort Liberte Recreational Center ✓ USAID/AECOM-Health Facilities Reconstruction&Capacity Building/Institutional Assessment ✓ Unite de Construction de Logements et Batiments Publics(UCLBP)/Ministere de la Planification et de la Cooperation Externe(MPCE)—Rehabilitation Gymnasium Vincent ✓ USAID/Chemonics HRI: Design/Build Rehabilitation Tribunal Section Sud Cap Haitien ✓ USAID/Chemonics HRI: Design/Build Addition and Alteration of Training Center Parc Industriel de Caracol ✓ Helping Haitian Angels: Installation of Perimeter Fence for Orphanage in Limonade ✓ Ministere de la Planification et Cooperation Externe: Design/Build Rehabilitation of Place Occide Jeanty, Champ de Mars, Port-au-Prince 1 STANLEY FARDIN, PE I CIVIL ENGINEER MBROINC. Consulting Engineers and Planners EDUCATION &REGISTRATION ➢ BS, 1994, Civil Engineering, Florida International University ➢ Professional Engineer, Florida, License No. 58022 Mr. Fardin has more than 18 years of experience in project management, design and construction services. He has extensive experience in the planning, designing and permitting of water distribution and stormwater management; design and construction management services for various collection, transmission, treatment, pumping and distribution systems. Mr. Fardin is proficient in Computer Aided Design (AutoCAD), AdICPR, RC4, Primavera Project Planner and Microsoft Office. His experience includes: Design and permitting services for paving, grading and drainage system of 7,500 square feet lot with existing 2-story commercial building at 7326 Biscayne Boulevard in Miami, FL. Design and permitting services for paving grading and drainage system; potable water, irrigation, fire, and sanitary sewer services for two new 7-stories, 21-units multi-family residential projects in downtown Miami, FL. Design and permitting services for 250 Linear Feet of 12-inch water main extension, sanitary sewer lateral and drainage system for new multi-family residential project in downtown Miami, FL. Project Manager for the design and permitting of approximately 1,750 Linear Feet of 8-inch DIP water main in replacement of existing corroded lines to service residential area on West 42nd Street in Miami Beach, FL. Lamar Louise Curry Middle School, Miami, Florida. Project Engineer during the construction phase for installation of new water(1,200 LF of Ei-inch DIP),sanitary(1,400 LF of 8-inch PVC)and stormwater(5,000 LF of 18-inch ADS)systems. Responsibilities include field visits to verify that work is performed according to design documents, responding to contractor's requests for clarifications and preparation of certificate of construction completion. Addition to HD McMillan Middle School, Miami, Florida. Project Engineer during the construction phase for installation of additional water(630 LF of 8-inch DIP), sanitary(270 LF of PVC piping and lift station with 155 LF of 4-inch PVC force main) and stormwater(612 LF of 12-inch RCP and 195 LF of 15-inch exfiltration trench) systems. Responsibilities include field visits to verify that work is performed according to design documents, responding to contractor's requests for clarifications and preparation of certificate of construction completion. Project Manager for the development of a Design Criteria Package for the Nautilus Neighborhood under the City of Miami Beach Right-of-Way Infrastructure Improvements Program. Responsible for the development of preliminary drawings, technical specifications and cost estimate for project to be advertised for bid as a Design-Build. The project includes the design of new stormwater management system, replacement of existing water distribution system, new street lighting system and landscaping, resurfacing of approximately 4 miles of roadway and addition of traffic calming features. Project has an estimated design and construction budget of 21 million dollars. Project Manager of the Design Phase for the La Gorce Neighborhood under the City of Miami Beach Right- of-Way Infrastructure Improvements Program.The protect includes the design of new stormwater management system, replacement of existing water distribution system, new street lighting system and landscaping, resurfacing of approximately 4 miles of roadway and addition of traffic calming features. Responsible for the preparation of design drawings, calculations, technical specifications and cost estimate for the replacement of approximately 14,000 Linear Feet of water lines. FRANCISCO (FRANK) GONZALEZ, PE, LEED ELECTRICAL ENGINEER 4MBRO.INC. Consulting Engineers and Planners EDUCATION &REGISTRATION > BS, 1982, Electrical Engineering, Florida International University > MS, 1984, Electrical Engineering, Florida International University > MBA, 1989 Florida International University > Professional Engineer, Florida, License No. 44930 Mr. Gonzalez has experience in the design and the construction of electrical, mechanical, and telecommunication systems. His experience in the last twenty eight years includes projects for both private and public sector clients such as: Miami-Dade Water&Sewer Department, Florida International University, Broward School Board, Amoco Oil Corporation, Rinker Corporation, Dade County Waste Management, Miami International Airport, and the Southland Corporation. Mr. Gonzalez's areas of expertise include Power System Distribution (Medium and Low Voltage), Control System Design, Lighting - Roadway, Parking Lot, Interiors, Fire Alarm System, Low Voltage Wiring for Security and Audiovisual Systems, Plumbing and Mechanical System Design, and Cathodic Protection for Corrosion Control. Mr. Gonzalez has also been involved in site lighting projects that have included roadways and parking facilities such as: lighting design for N.W. 87th Avenue(2.2 miles); site lighting design for the Comfort Suites Hotel, Santa Barbara Catholic Church and the F.C.I. Training Facility. Mr. Gonzalez was also responsible for the lighting design, including temporary lighting, for the S.R. 874 and Killian Parkway intersection improvements. Mr. Gonzalez has been involved in the development of lighting plans for about 2 miles of road in Key West. Other lighting projects included Lejeune Road (SR-953) (2 miles)., NW 7 Avenue(_SR-7),.Commercial_Blvd._(SR-870)_and_Steding__Road(SR-8.48)._He_has_also performed designs to provide power for traffic signals. For the intersection of SW 87th Avenue (SR-973) and SW 128 Street, he designed the traffic signal modifications including coordination with Miami-Dade County's Traffic Signals and Signs Division of the Public Works Department. His work experience includes coordinating with clients from the planning stage to the design and construction management of Mechanical Electrical and Plumbing System for both residential and commercial areas. Mr. Gonzalez is skilled in the use of CAD programs (AGI, DAPPER, AutoCAD, Revit)for the design of power distribution system, lighting layouts, Plumbing and Mechanical System Design. He is also experienced also in the installation of electrical and mechanical systems, including generating estimates, budgets, time line diagrams, procuring permits, and generating required construction documentation.The programs Mr. Gonzalez used for project control are Microsoft Project, ProEst Estimating Program and Primavera Project Management software. Mr. Gonzalez has been responsible for the electrical design and constructability reviews of several building projects in Miami-Dade County. He engineered the electrical system for the Miami-Dade Department of Solid Waste truck wash facility. He designed the electrical system for the Unicor Addition and the new Training Facility Building at the Federal Corrections Institute. Mr. Gonzalez has worked on the Cathodic Protection System for Underground Storage Tanks for Amoco Oil gas stations. He was responsible for the design and implementation of a program to install or upgrade the cathodic protection system of all the Amoco gas stations throughout Dade, Broward and Palm Beach counties. The scope of work included the design of either sacrificial anodes or impressed current systems to protect against galvanic corrosion in the existing underground storage tanks at the different service stations. Mr. Gonzalez has been involved in the assessment of the electrical system for several Miami Dade Water& Sewer Pump Stations i ithlut ItatIMIKKg!t itiPtlut titu u ,•! tuttq!$uu,ut JrutgutuutRUOu)tioiilttiiilitgitimmto oit,eh}rioiji opitiUn100t41001, 10..a ITlBiiillIONAl »='� I.t'qi' vi. rh I FREDRICK RIVIERE (� CIVIL ENGINEER / MBRO.INC. Consulting Engineers and Planners EDUCATION & REGISTRATION ➢ BS, 1996, Civil Engineering, Florida International University Mr. Riviere is a Civil and Environmental Engineer with 16 year of experience and expertise in road/highway, paving, drainage, water, sewer, and safety/maintenance of traffic designs. His experience includes preparing plans for site development and inspection, supervising all phases of constructions, and implementing logistical procedures for field changes due to unexpected circumstances. Some of the projects Mr. Riviere has worked on recently include: EDIFICIO PINEIRO Design and permit a 12-inch diameter Water Main extension along SW 12 Street from SW 20 Avenue to SW 21 Avenue to provide Fire protection for the existing building apartment complex. The prepared documents constituted of project specifications and construction drawings for an 4"water main extension for a fire line connection from a proposed 12"water main to the existing building. Construction drawings will be prepared in accordance with Miami-Dade Water& Sewer Authority Department, City of Miami Public Works Department and Fire Department requirements. COLLINS PARK APARTMENTS Currently designing parking lot facility for a 117-Unit apartment complex. This include plans preparation for paving, drainage and water main line system. The task included preparing project specifications and construction drawings to extend a 16 inch water main northerly on NW 20th Avenue from NW 36 street to the northwest corner of the property and interconnect to the existing 8 inch water main. Construction drawings will be prepared in accordance with Miami-Dade Water & Sewer Authority Department, City of Miami Public Works Department and Fire Department requirements. BELEN JESUIT HIGH SCHOOL Design new turn lane along intersection of SW 127 Avenue and SW 6 Street(NW corner) and design a Cul- de-Sac in the school lot near SW 128 Avenue and SW 2 Street LEJEUNE ROAD FROM US-1 TO 1/2 MILE Designed 1/2 mile of expansion of an existing 2 lane to a 3 lane roadway with curb and gutter and resurfaces 3/ of a mile. Plans included striping of proposed and existing roadway. Maintenance of traffic plans and phasing MIAMI DADE SCHOOLS (i.e. MIAMI CENTRAL SENIOR HIGH, LAWTON CHILE MIDDLE SCHOOL, COLEMAN CARROLL...) Supervise all phases of projects. Review shop drawings and construction cost. Design water main extensions, roadway expansion, driveways, drainage, signage, striping, and coordinate with the other related disciplines. PARKS AND RECREATIONS (i.e.TAMIAMI PARK, KENDALLWOOD INDUSTRIAL...) Designer for multi-phase projects, which entailed perimeter roads, water and sewer main extensions, baseball-football fields, grading, paving and drainage as per the Florida Department of Transportation and Miami Dade County Standards . HOMESTEAD CITY HALL Designed water, sewer, fire line, striping, paving and drainage to retain 100yr 3 day storm events. An Environmental Resource Permit(ERP)was required by SOUTH FLORIDA WATER MANAGEMENT-Water Control Division.