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HomeMy Public PortalAbout19-9604 Issuance of RFP for Roofing Service and Interior and Exterior Sponsored by: City Manager RESOLUTION NO. 19-9604 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE OF AN RFP FOR ROOFING SERVICES AND INTERIOR AND EXTERIOR REMODELING; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka owns buildings that requires roofing services and interior and exterior remodeling; and WHEREAS,the City, pursuant to State Statute and City Code, is required to utilize a competitive bidding process; and WHEREAS, the City Commission desires to issue an RFP roofing services and interior and exterior remodeling of the Cultural Arts Center Building, located at 2105 Ali- baba Avenue. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-locka hereby authorizes the issuance of an RFP for roofing services and interior and exterior remodeling of the Cultural Arts Center Building, located at 2105 Ali-baba Avenue.. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 23"1 day of January, 2019. Resolution No. 19-9604 A414 Mayor Matthew A. Pigatt Attest to: Approved as to form and legal sufficiency: Joann;Flores THE BROWN LAW GROUP, LLC City •,-rk City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BURKE Commissioner Vote: 5-0 Commissioner Burke: YES Commissioner Kelley: YES Commissioner Bass: YES Vice-Mayor Davis: YES Mayor Pigatt: YES Jo City of Opa-Locka Agenda Cover Memo Department Airia Austin Department Director: Director • Signature: Finance Director: Bryan Hamilton FD Signature: Department Acting City Newall Daughtrey CM Signature: Manager: Commission 01/23/2019 Item Type: Resolution dinan ' S ther Meeting Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (EnterX in box) X X (Enter Fund Advertising Requirement: Yes No Funding Source: &Dept) (Enter X in box) X Account#: Ex: Contract/P.O. Yes No RFP/RFQ/Bid#: Required: X (Enter X in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Related X Enhance Organizational - (list the specific objective/strategy this (EnterX in box) Bus.&Economic Dev El item will address) Public Safety El Quality of Education 0 Qual.of Life&City Image 0 Communication E _ Sponsor Name City Manager Department: City Manager Short Title: 2105 Ali Baba Roof and Rehabilitation Staff Summary: The City of Opa-locka would like to issue a Request for Proposals(RFP)for the rehabilitation of and roof replacement of the 2105 Ali Baba facility Proposed Action: Staff recommends the the approval of this request to issue the Requisition for Proposal Attachment: 1. Agenda 2. Request for Proposal CITY OF OPA-LOCKA OQp-LOCk4 O 0 0 • 11 Vitim7 RFP NO: 19-XXXXXXX REQUEST FOR PROPOSALS Roofing Services/Interior and Exterior Remodeling Cultural Arts Center Building 2105 All Baba Avenue Opa-Locka, FL 33054 Table of Contents ROOFING SERVICES/ INTERIOR AND EXTERIOR REMODELING 1 1.1 SCOPE OF SERVICES 3 A Flat Roof Replacement 3 B Dome Restoration 3 C Tile Roof Replacement 3 D Additional Improvements 4 E Interior Demolition & Remodeling 4 F Exterior Demolition Reconstruction 4 1.2. DEVELOPMENT COSTS 5 1.3. INQUIRIES 5 1.4.ADDENDUM 5 1.5. CONTRACT AWARDS 5 1.6. CONTRACTUAL AGREEMENT 5 1.7. SELECTION PROCESS 6 1.8. PUBLIC RECORDS 6 1.9. LICENSES 6 1.10. PUBLIC ENTITY CRIMES 6 1.11. CODE OF ETHICS 6 1.12. CONE OF SILENCE 7 1.13. PERMITS AND TAXES 7 1.14. PROTESTS 7 1.15. INSURANCE 7 1.16. BID BOND 8 1.17. PERFORMANCE BOND 9 1.18. INDEMNIFICATION 9 1.19. RISK OF LOSS, DESTRUCTION, OR DAMAGE 9 1.20. NON-COLLUSION AFFIDAVIT 9 1.21.TERMINATION FOR CONVENIENCE 9 1.22. PROPOSAL SCHEDULE 10 1.23. LATE PROPOSALS 10 ii 1.24.ADDENDUM 10 1.25. OPENING OF PROPOSALS 10 1.26. CITY RIGHTS 11 1.27. PROPOSAL SUBMISSION FORM AND CONTENTS 11 1.28. COMPANY PROFILE EXPERIENCE AND PROPOSAL 11 1.29. REFERENCE 12 1.30. EVALUATION AND SELECTION 12 1.31. LITIGATION 12 1.32. GENERAL CONDITIONS 12 FORMS AND ATTACHMENTS 13 PROPOSER QUALIFICATIONS 14 CERTIFICATION REGARDING DEBARMENT, SUSPENSION 15 DRUG-FREE WORKPLACE CERTIFICATION FORM........__. 17 NON-COLLUSION AFFIDAVIT __ 18 NON-DISCRIMINATION AFFIDAVIT w 19 PROPOSAL BID FORM 20 ATTACHMENT A .w_..,. ... .., ri. 21 ATTACHMENT B- Federal Labor Standards Provisions. 27 ATTACHMENT C—Feder-at Labor Standards and Section 3 Requirements 32 iii OQp,4.001,0 Q < 9 Vi QOgQ;`-'O�9 ORAL CITY OF OPA-LOCKA ADVERTISEMENT FOR REQUEST FOR PROPOSALS RFP NO: 19-000XXX ROOFING SERVICES I INTERIOR AND EXTERIOR REMODELING Cultural Arts Center Building 2105 Ali Baba Avenue Opa-Locka, FL 33054 Design Build Proposals (bids) for Roofing Services / Interior and Exterior Remodeling 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, XXXXX 2019 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 2105 Ali Baba Roofing Services/Interior and Exterior Remodeling 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. Page 1 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 Cultural Arts Center building, Roofing Services / Interior and Exterior Remodeling. 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: 19-XXXXXX 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). A Mandatory Pre-Bid meeting will be held on Thursday, XXXXX 2019 at 10:30 am at 780 Fisherman Street, Ste. 315, Opa-locka, FL 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: XXXXXXX)CX 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 Page 2 1.1 SCOPE OF SERVICES The City of Opa-locka is requesting proposals from certified roofing contractors to provide roofing material and roofing services for the facility located at 2105 Ali-Baba Avenue, Opa-locka, FL 33054. The Opa-locka Cultural Arts Center currently has a roof leak, which has not been repaired. A Flat Roof Replacement 1) Provide all needed pedestrian and ground protection. 2) Tear off existing roof down to wood deck and renail per code. 3) Install roof system per NOA 13-0716.05, Page 12 & 13. 4) Mechanically fasten down 1 layer of HPR Glasbase per NOA. 5) Install tapered CI-ISO Insulation System at 1.5" Startand per foot taper to the Gutter set in Garlastic KM Hot Asphalt. 6) Install 1/2"per foot crickets on the high side of thernechanical units and at corners of the roof set in Garlastic KM Hot Asphalt. 7) Install '/4' Dens-Deck Primed over ISO set in Garlastic KM Hot Asphalt. 8) Install 1 Ply of HPR Glasbase over aboard in Garlastic K :Hot Asphalt. 9) Install 2 plies of HPR Glasfelts set in Garlastic KM Hot Asphalt. 10) Install Versiply Mineral Cap Sheet Set in Garlastic KM Hot Asph® and allow to cure 14 days. 11) Install 2 coats of Garlabe per Surfacing Oolong. 12) Install 032 Aluminum Surface-Mount Counter Flashing at all parapet walls up minimum of 8" from finished height of roof. 13) Pressure clean and coat top ail inside of parapet waif with 2 coats of Tuff Coat White after roof is finished. 14) Install r r6"Aluminurn Box gutters arddownspouts as indicated on plans to meet Florida Building Code. 15) Provide Gad 30 Year Warranty. 16) Provide 5 Year Workmansht warranty covering all scopes. 8 Dome Restoration 1) Provide all needed pedestrian and ground protection 2) Pressure clean and grind dome and cap to suitable concrete and metal surface. 3) install new joint sealant using Tuff Stuff and chase any cracks and clean and reseal uning Tuff Stuff. 4) Prime concrete with Durawalk Primer at 0.5 Gal/Sq. 5) Prime metal with Rust Go Primer at 0.25-0.5 Gal/Sq. 6) Install 2 Coatsof White Knight Plus at 2 Gal./Sq./Coat 7) Provide Garland 10 Year Warranty C Tile Roof Replacement 1) Provide all needed pedestrian and ground protection. 2) Provide necessary engineering included: A. Tile uplift test- This test will be completed after the tile installation. 3) Provide necessary permits. 4) Remove and dispose of existing tiles and roofing down to the wood deck. Replace any damaged and/or deteriorated wood sheathing. The first 250 s/f is included in the contract amount. Any additional wood sheathing to be replaced will be billed separately at current rate. Page 3 5) Re-nail existing decking using 2 1/2"8D ring shank nails as per the current Florida Building Coe. 6) Install one (1) ply of Garland/Viking AOB base sheet using tin caps and 1 1/4' ring shank nails. 7) Install new Garland Metal 3" x 3" galvanized 24 Ga. Kynar Finished drip edge around perimeter of slope roof area. 8) Install one (1) ply of Garland/Viking UDL Metal/Tile underlayment membrane. Back nailed membrane using tin caps and 1 1/4:" ring shank nails 12"o.c. 9) Install new metal channel at all ridges to secure tile using Polypro AH 160 foam adhesive. 10) Install new flat tile using Polypro AH 160 foam adhesive. Color to be selected by owner from City approved colors only. 11) Install new aluminum gutters and downspouts with appropriate downspouts using Garland Metal. 12) Remove and dispose of all related roofing defioof and premises. 13) Provide Garland 10 Year Underlayment Warranty. 14) Provide owner with a Five (5) year labor and material Contractor's guarantee and a 30 Year Tile manufacturer's warranty. D Additional Improvements 1) Install liquid applied flashing @ minimum height areas on South parapetwall. 2) Install recycle rubber pads for sleepers. 3) Upgrade electrical equip v tocode: a) New pipe supports with reed rubber stands. b) Wire brush and coat gvanizedtal pipes with Rust Go Primer&Rust Go Coating. c) Emote ail unistruts d) Any and a electrical conduit tires in the way of tapered systems to be re-ran properly per code 4) Replace the t ofing system at the base of the Dome, this includes new decking, membrane, and metal drtcedge.. 5) Decking allowance: 160 sq ft. including the base of the Dome. 6) Add tie down post for A/C units. 7) Add 3/4' perfite insulation around curb units per code. Replace wood around curbs as needed. E Interior Demolition& Remodeling 1) Remote mold damages resulting from leaky roof. 2) Remodel flooring and restrooms access to allow for ADA compliance. F Exterior Demolition Reconstruction 1) Install ADA compliant wheelchair ramps. 2) Install ADA compliant access doors. 3) Install ADA compliant parking. Page 4 1.2. 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 Proposal. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1.3. INQUIRIES The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFP, until eight(8) days prior to the submittal date. City personnel axe authorized only to direct the attention of prospective Proposers to various portions of the RFP so that they may read and interpret such for themselves. No employee of the City is authorized to interpret t of this RFP or give information as to the requirements of the RFP in addition to what is containin the vin RFP document. 1.4. ADDENDUM The City may record its response to inquiries and any supplemental instructions in the form of written addenda.The CITY may mail written addenda up to three(a)calendardays before the da efixed for receiving the proposals. Proposers shall contact theCity to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive prat. Any oral expiation given before the RFP opening will not be binding. All Proposers are expected 1oclly examine the proposat documents.Any ambiguities or inconsistencies should be brought to the attention of the City through written conimunication prior to.the opening of the proposals. 1.5. CONTRACT AWARDS The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous.The Proposer understands that this RFP does not constitute an offer or an Agreement vitt the Proposer. 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 identified, approved by the appropriate level at authority within the City and executed by all parties. The City anticipates that the final Agreement will be in substantial conformance with this sample Agreement; nevertheless, Proposers are advised that any Agreement may result from the RFP may deviate from the Sample Agreement. The City reserves the right to reject alt proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 1.6. CONTRACTUAL AGREEMENT This RFP and Consultant/Contractor proposal shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document,original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in the City of Opa-locka and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. Page 5 1.7. SELECTION PROCESS The proposals will be evaluated and assigned points. The company with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any firm deemed responsive and responsible. The City reserves the right to further negotiate any proposal, including price, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer,the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 1.8. PUBLIC RECORDS Upon award recommendation or ten (10) days after opening, fiver occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure providedby law late response to the RFP, and must identify the data or other materials to be protected, and must state the moons why such exclusion from public disclosure is necessary. Document files may be examined, during norms working hours. 1.9. LICENSES Proposers, both corporate and individu , must be fully licensed and certified in the State of Florida at the time of RFP submittal. The proposal of any Pr er who is notfulty licensed and certified shall be rejected. 1.10. PUBLIC ENTITY CRIMES Award will not be made to any person or affiliate en on Department of Management Services' "Convicted Vendor List".This list is defined as con *sisfingof 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 contractto,ortransact any • iness in excess of the threshold amount provided in Section 287.0 7Fda Statutes for Category Two (c qtly$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"evicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFP proposal forms, Proposer attests that they have not been placed on the"Convicted Vendor List". 1.11. CODE OF ETHICS If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-locka. Page 6 1.12. CONE OF SILENCE Proposers are hereby advised that this RFP is subject to the"Cone of Silence", in accordance with Ordinance 98-106. From the time of advertising until the City Manager issues a recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-proposal conference,public presentations made to the City Commissioners during any duly notices public meeting, or communications in writing at any time with any city employee, official, or member of the City Commissioners unless specifically prohibited herein. A copy of all written communications must be filed with the City Clerk, at the address as listed in Section 1.4 herein. Among other penalties, violation of these provisions by any particular bidder shall render any Bid ward to said bidder voidable. 1.13. PERMITS AND TAXES The Proposer shall procure all permits, pay all charges, fees,- 0 0 tWeS, and give all notices necessary and incidental to the due and lawful prosecution of the work. 1.14. PROTESTS Protests of the plans, specifications, and other requirements of the request for proposal and bids must be received in writing by the City Clerk's Office at least ten (I%workingdays prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be irtckided.Protests of the awarder intended award of the bid or contract must be in writing and received in the City .k's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 1.15. INSURANCE General Liability The Vendor (contractor) shad flanish, pay for, and m Lain during the life of this contract, such general liability insurance to protect the Ott the Contractor, and any of his/her subcontractors who may be performer any work under Ile terms and provisions of this contract from claims for damages or bodily injury, including accidental death, as well as from claims for this contract whether such operations as may be performed by the Vendor or by any sub-contractor or by any other party directly or indirectly employed by either the Vendoror the sub-contror. The Vendor's insurance coverage sal include General Liability, Automobile Liability, Professional Liability and Worker's Compensate and Eoyer's Liability. The General Liability shall be the Comprehensive form including the categories of: Pees and Operations, Underground and Collapse Hazard, Products and Completed Operations, Contractual, Independent Vendors, Broad Form Property Damage, and Personal Injury in the minimum amounts of$500,000 for combined Bodily Injury and Property Damage. The Proposer's comprehensive general liability policy shall include contractual liability on a blanket or specific basis to cover this indemnification. Such insurance shall be written by a company licensed to do business in the State of Florida and satisfactory to the City. Prior to commencing any work under the contract,certificates evidencing the maintenance of said insurance shall be furnished to and approved by the City's Risk Manager. The Certificate of Insurance shall show the City of Opa-locka as an additional insured party to the Vendor, shall show that all sub-contractors or any other party directly or indirectly employed by either the Vendor or the sub-contractor as additional insured party(s) and shall also show the City of Opa-locka as the Certificate Page 7 Holder. The Certificate Holder shall be notified a minimum of 30 days prior to any cancellation of policy which may occur prior to the policy expiration date contained on the Certificate of Insurance. The Worker's Compensation and Employer's Liability shall be in conformance with current State of Florida Statutory requirements. Business Automobile Liability The Vendor shall maintain, for the life of the contract, Business Automobile Liability Insurance, if applicable. The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Policies of the Insurance Services Office (ISO). Professional Liability The Vendor shall procure and maintain for the life of this contract, Professional Liability Insurance. This insurance shall provide coverage against such liability resulting from this contractfproject.The minimum limits of coverage shall be $500,000 per occurrence with deductible or self-insured retention-(SIR) indicated. The Vendor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments,and liability for death,personal injury,bodily injury,orproperty damage arising directly or indirectly from the performance by the Vendor, its eroyees, subcontractors,or assigns, including legal fees, court costs,or other legal expenses. Vendor acknovdedges that it is solely responsible for complying with the terms of this RFP. In addition, the Vendor shall, at its expense, secure and provide to City, prior to beginning performance under this RFP, insurance coverage as required in this RFP. Proof of Insurance The contractor shall finish the City with satisfactory proof of carriage of all insurance required by this RFP. Any party providing services or products to the City will be expected to enter into a written agreement, contract,orpurchase order wi4h the Cityat incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insures requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. 1.16. BID BOND Each proposal must be accompanied by a bid bond or certified check in the amount of ten percent (10%), stated in dollars, of the amount of the total bid cost. Page 8 1.17. PERFORMANCE BOND Prior to the execution of the contract, the successful bidder will be required to furnish a 100% Performance Bond. Each bid must be accompanied by an officer signed surety from an approved surety company that is licensed to conduct business in the State of Florida. The Consent of Surety shall state that the surety company in question unconditionally agrees to furnish the required performance bond for the full amount of the contact. Each Consent of Surety must include the surety's most recent available financial statement. Failure to provide the required Consent of Surety at the time of proposal submission shall preclude the bid from being considered. 1.18. INDEMNIFICATION The work performed by the vendor shall be at the risk of the vendor exclusively.To the fullest extent permitted by law, the vendor shall indemnify, defend (at the vendor's solee) and hold harmless the owner,joint ventures, representatives, members, designees, officers, directors, employees, agents, successors and assigns ("indemnified parties") from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of actions, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repaireosts, attorney's fees and costs) ("claims") which arise or are in any way connected with the work performed,materials furnished, or services provided under this agreement by the vendor or its agents.These indemnity ard.1efense obligations shall apply to any acts or missions, negligent or willful misconduct of the supplier, its employees, or agents, whether active or passive. The vendor std not be obligated to indemnify or defend the owner for claims found to be due to the sole negligence or willful misconduct of the indemnified parties. The vendor's indemnification and defense obligations hereunder shall extend toclas occurring after this agreement is terminated as well as while it is ice, and shati continue until it is finally abdicated and any and all actions against the indemnified parties for such matter which are indemnified hereunder are fully and finally barred by applicable laws. 1.19. RISK OF LOSS, DESTRUCTIONtOR DAMAGE The City will not be responsible for any theft, destruction of, or damage to equipment from any cause, with the exception of negligence orwillful acts by an employee(s) or agent(s) of the City. 1.20. NON-COLLUSION AFFIDAVIT The vendor, in accordance with Miami-Dade County requirements, must sign an affidavit of non-collusion which has been attached hereto. This document must be signed and returned with the bid response. 1.21. TERMINATION FOR CONVENIENCE A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. Page 9 1.22. PROPOSAL SCHEDULE The following Schedule of Key Events and Dates represents the City's best estimate of the schedule that shall be followed. The City reserve the right, at its sole discretion, to adjust this schedule as it deems necessary. The City will make a good faith effort to notify potential vendors of adjustments to the Schedule; however, ultimate responsibility for obtaining notice of changes in the Schedule of Key Events lies with the potential vendors. KEY DATES RFP Release date Thursday, )000000(XX, 2019 Mandatory Pre-Bid Meeting Thursday, )00000 0(XX, 2019 Proposal Submission Date&Time Friday, XXXXXXX XX, 2019 Address for RFP Package Delivery Proposals must be received by the office of: Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 CONFIDENTIAL—DO NOT OPEN 1.23. LATE PROPOSALS Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery, courier or mail service(s)will not be grounds for an extension of the Closing Time. Firms submitting proposals are fully responsible for their delivery. Reliance upon mail or mail carriers is at the firm's risk. 1.24. ADDENDUM If the City determines that an amendment is required to this RFP, the City representative will post a written addendum on the City Website at www.Opalockafl.gov (the"City Website") and upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 1.25. OPENING OF PROPOSALS The City intends to open Proposals in public. Page 10 1.26. CITY RIGHTS CITY reserves the right to reject any or all proposals and to waive any informality in proposals received. CITY also reserves the right to reject proposals from companies who have previously failed to perform properly or complete on time contracts for the CITY,or a proposal where investigation shows that the proposing company is not in a position to successfully perform the contract, in the judgment of CITY. CITY reserves the right to reject a proposal, regardless of price and conditions, where the proposed terms and/or conditions are deemed unacceptable to CITY. This Request for Proposals does not commit CITY to award a contract, to pay for any costs incurred in preparation of a proposal, nor contract for services 1.27. PROPOSAL SUBMISSION FORM AND CONTENTS In order to maintain comparability and enhance the review process, proposals shall be organized in the manner specified below and include all information required herein. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declaat it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 1.28. COMPANY PROFILE EXPERIENCE AND PROPOSAL The contractor(s) shall provide a description of the history and background of the business, copy of the license to do business in the state of Florida, identification of the services prod to municipalities in Florida. The following information shall be included in the response: 1)Legal name and address of the firm. Inge if the company is a corporation,partnership,etc.Also indicate if any part of the proiect work will be subcontracted; and if so,to whom. Provide a brief summary of the firm's size and structureof its organization,the number of f -ttme employees and the number of years the firm has been in the business of conducting the described services. 2) Contact names, addresses,and tune numbers of three(3)financial and professional references. 3)Names and resumes of all key personnel proposed for this assignment. The City is particularly interested in the person(s)who v+ tae assigned as the local company representative. 4) A detailed description of how the contract will be managed. We are very interested in high quality local representation on the part of the Contractor. 5)A detailed description of the firm's knowledge, qualifications, and experience in transit advertising utilizing various forms of media. 6) A sample of the rate sheet for this market. 7) Sample reports for this project(i.e. monthly and quarterly revenue reports, advertising activity, etc.) 8) Provide the bid to be paid to the contractor to perform Roofing Services & Roofing Material Services as identified at this site. 9) Provide a copy of the proposing firm's most recent audited financial statements. Page 11 1.29. REFERENCE The Proposer must provide references from at least two (2) clients for whom the related Roofing Services and Material Proposal were provided by the respective contractor. The references should include the name, physical address, email address and telephone number of a contact person for each reference cited. 1.30. EVALUATION AND SELECTION The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. 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 it is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or PreferdProponents to the City. Proposals will be evaluated and negotiated in accordance With the evaluation criteria described herein. Subject to the CITY's right to reject any or all proposals, the Proposer whose proposal is found, in CITY's sole discretion, to be most advantageous to the CITY wilt be selected. The City will select the proposal that offers the best service plan and terms for the CITY. Therefore, contractors are encouraged to submit proposals that provide their best possible service and compensation guarantee to the City. Award of the Contract is not valid until authorized by the CITY Board cif Commissioners. CITY will employ a structured, competitive evaluation process_ written proposals wilt be reviewed and scored based on how well they address the specific needs of the City as outlined in this RFP. CITY's evaluation team will review the technical proposals individually and meet as a group. The evaluation team meeting will be open to the public. 1.31. LITIGATION In addition to any other provision of this RFP,the City may, in its absolute discretion, reject a Proposal if the Proponent,oranyofficer ordirectorofthe Proponent submitting the Proposal, is or has been engaged directly or indirecffyin 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 Icely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's eerience 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. 1.32. GENERAL CONDITIONS The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter, the City may issue a new Invitation /Request, sole source or do nothing. This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete right to at any time reject all Proposals, and to terminate this RFP process. Page 12 FORMS AND ATTACHMENTS FAILURE TO COMPLETE AND RETURN THIS AND ALL FORMS MAY DEEM YOUR BID NON-RESPONSIVE Page 13 RFP NO: 19-XXXXXXX ROOFING SERVICES I INTERIOR AND EXTERIOR REMODELING PROPOSER QUALIFICATIONS The Proposer, as a result of this proposal, MUST hold a County and/or Municipal Consultant's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation () Partnersh )individual ( ) 3. If Corporation, state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Cordon, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The lei of time in business: years 7. The length of time (continuous)in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification,during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the proposers will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Consultants, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Page 14 OpA_LOc 4 ai 9 O [[ A PoppogQ�'9 CITY OF OPA-LOCKA CERTIFICATION REGARDING DEBARMENT, SUSPENSION PROPOSED DEBARMENT AND OTHER MATTERS OF RESPONSIBILITY 1. The Proposer certifies, to the best of its knowledge and belief, that the Proposer and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,state,or local)contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1-B of this provision. 2. The Proposer has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A."Principals,"for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Proposer shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Proposer learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Proposer's responsibility. Failure of the Proposer to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Proposer nonresponsive. Page 15 D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Proposer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Proposer knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEME ,1 CERY THAT THIS CONSULTANT COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 16 OPp•Lock4 a- 9 UI ID CITY OF OPA-LOCKA *.\/ 1...;4:1 DRUG-FREE WORKPLACE gpaaa E° 9 CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the statement specified in number(1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)through (6) above. Date Signature Page 17 O" �p 9 t.: 0 UI !a C i • .gym COp'OR4 2 CITY OF OPA-LOCKA NON-COLLUSION AFFIDAVIT STATE OF FLORIDA-COUNTY OF MIAMI DADE being first duly sworn, deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent)of the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said PROPONENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded,conspired,connived or agreed, directly or indirectly,with any other PROPONENT,firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit,or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against(Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the PROPONENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Page 18 oQ p.�oc,r4 51 )o n 1. mry oA oanlS` NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations,activities or delivery of services under any agreement it enters into with the City of Opa-locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion,color,gender,sexual orientation, national origin, marital status, physical or mental disability,political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: Page 19 OPA-LOCKA CULTURAL ARTS CENTER ROOFING SERVICES&MATERIAL PROPOSAL BID FORM Vendor Name: Fixed cost bid: $ We, the undersigned, hereby propose and agree to furnish tote City Opa-locka all work as defined in the RFP. This proposal is subject to all terms of the specifications and bid conditions, and we hereby agree to furnish such items as may be awarded to us. Authorized Signature Date Print Name Tone Number Title Email Address Page 20 ATTACHMENT A Page 1 of 6 ATTACHMENT A General Decision Number: FL180260 10/05/2018 FL260 Superseded General Decision Number: FL20170260 State: Florida Construction Type: Building County: Miami-Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 04/20/2018 3 06/01/2018 4 07/06/2018 5 08/31/2018 6 10/05/2018 ASBE0060-001 03/02/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR $ 34.58 12.57 CARP1809-002 08/01/2016 Rates Fringes CARPENTER: PILEDRIVERMAN.... .., $ 25.20 10.36 ELEV0071-002 01/01/2018 Rates Fringes ELEVATOR MECHANIC $ 43.07 32.645 https://wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v-6 11/15/2018 Page 21 Page 2 of 6 FOOTNOTE: A: Employer contributes 81 basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; plus the Friday after Thanksgiving; and Christmas Day. ENGI0487-019 07/01/2016 Rates Fringes OPERATOR: Backhoe/Excavator/Trackhoe $ 23.75 9.20 ENGI0487-020 05/01/2016 Rates Fringes OPERATOR: Concrete Pump $ 26.04 9.23 ENGI0487-021 07/01/2016 Rates Fringes OPERATOR: Crane All Cranes 160 Ton Capacity and Over $ 33.05 9.20 All Cranes Over 15 Ton Capacity $ 32.05 9.20 OPERATOR: Forklift $ 23.25 9.20 OPERATOR: Mechanic $ 32.05 9.20 OPERATOR: Oiler $ 23.50 9.20 IRON0272-001 10/01/2017 Rates Fringes IRONWORKER, STRUCTURAL $ 24.89 10.10 * IRON0402-001 10/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.69 12.70 PLUM0519-001 04/01/2018 Rates Fringes PLUMBER $ 29.13 10.89 PLUM0725-001 07/16/2017 Rates Fringes PIPEFITTER (Includes HVAC https://wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v=6 11/15/2018 Page 22 Page 3 of 6 Pipe, Unit and Temperature Controls Installations) $ 34.48 13.47 SFFLO821-004 07/01/2018 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 28.38 18.89 SHEE0032-001 12/01/2013 Rates Fringes SHEET METAL WORKER, Includes HVAC Duct Installation $ 23.50 12.18 SUFL2014-024 08/16/2016 Rates Fringes CARPENTER, Includes Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall Hanging, Form Work, Metal Stud Installation $ 18.04 3.24 CEMENT MASON/CONCRETE FINISHER $ 13.06 0.70 ELECTRICIAN, Includes Low Voltage Wiring $ 29.60 9.38 IRONWORKER, REINFORCING $ 17.72 0.00 LABORER: Common or General, Including Cement Mason Tending $ 11.79 0.70 LABORER: Pipelayer $ 13.56 1.34 OPERATOR: Bulldozer $ 15.40 1.90 OPERATOR: Grader/Blade $ 18.97 0.00 OPERATOR: Loader $ 16.00 2.82 OPERATOR: Roller $ 14.43 4.78 PAINTER: Brush, Roller and Spray $ 16.00 3.48 ROOFER $ 19.98 4.77 TILE SETTER $ 18.01 0.00 TRUCK DRIVER: Dump Truck $ 13.22 2.12 TRUCK DRIVER: Lowboy Truck $ 14.24 0.00 https://wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v=6 11/15/2018 Page 23 Page 4 of 6 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination, 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. https://wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v=6 11/15/2018 Page 24 Page 5 of 6 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. 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. https://wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v=6 11/192018 Page 25 Page 6 of 6 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. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https:f/wdol.gov/wdol/scafiles/davisbacon/FL260.dvb?v=6 11/15/2018 Page 26 ATTACHMENT B- Federal Labor Standards Provisions ATTACHMENT B 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 wage A. 1. (I) Minimum Wages. All laborers and mechanics 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 g (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 Secretary Labor, Washington. D.C. 20210. The Administrator, or an of Labor which is attached hereto and made a part hereof, authorized representative, will approve, modify, or regardless of any contractual relationship which may be disapprove every additional classification action within 30 alleged to exist between the contractor and such laborers days of receipt and so advise HUD or its designee or will and mechanics Contributions made or costs reasonably notify HUD or its designee within the 30-day period that anticipated for bona fide fringe benefits under Section additional time is necessary. (Approved by the Office of I(b)(2) of the Davis-Bacon Act on behalf of laborers or Management and Budget under OMB control number 1215- mechanics are considered wages paid to such laborers or 0140.) mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(ir);also, regular contributions made or costs Incurred for (c) In the event the contractor,the laborers or mechanics more than a weekly period (but not less often than to be employed in the classification or their quarterly)under plans,funds,or programs,which cover the representatives, and HUD or its designee do not agree on particular weekly period, are deemed to be constructively the proposed classification and wage rate (including the made or incurred during such weekly period. amount designated for fringe benefits,where appropriate) HUD or its designee shall refer the questions,including the Such laborers and mechanics shall be paid the appropriate views of all interested parties and the recommendation of wage rate and fringe benefits on the wage determination 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 lime 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 work 1215-0140.) 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-1321) appropriate) determined pursuant to subparagraphs shall be posted at all times by the contractor and its work)(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 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 wage approve an additional classification and wage rate and determination or shall pay another bona fide fringe benefit fringe benefits therefor only when the following criteria 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 Page 27 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 in representative of the Department of Labor withhold or which any contract work is performed a copy of all payrolls cause to be withheld from the contractor under this to HUD or its designee if the agency is a party to the contract or any other Federal contract with the same contract, but if the agency is not such a party, the prime contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant sponsor, subject to Davis-Bacon prevailing wage requirements. or owner, as the case may be, for transmission to HUD or which is held by the same prime contractor so much of the its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required to necessary to pay laborers and mechanics, including 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.Optional designee may, after written notice to the contractor, Form WH-347 is available for this purpose from the Wage sponsor, applicant,or owner,take such action as may be and Hour Division Web site at necessary to cause the suspension of any further httD://www.dot.00v/esa/whd/forms/wh347insfr him or its payment, advance. or guarantee of funds until such successor site.The prime contractor is responsible for the violations have ceased. HUD or its designee may, after 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 contract, disbursements in the case of direct Davis-Bacon Act but if the agency is not such a party, the contractor wilt contracts. submit the payrolls to the applicant sponsor, or owner, as 3. (I) Payrolls and basic records. Payrolls and basic the case may be.for transmission to HUD or its designee, records relating thereto shall be maintained by the the contractor, or the Wage and Hour Division of the contractor during the course of the work preserved for a Department of Labor for purposes of an investigation or period of three years thereafter for all laborers and audit of compliance with prevailing wage requirements.It is mechanics working at the site of the work. Such records not a violation of this subparagraph for a prime contractor shall contain the name, address, and social security to require a subcontractor to provide addresses and social number of each such worker, his or her correct security numbers to the prime contractor for its own classification, hourly rates of wages paid (including rates 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 1215- in Section I(b)(2)(B) of the Davis-bacon Act), daily and 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(06/2000) Page 2 of 5 ref.Handbook 1344.1 Page 28 (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 that performed. In addition, any apprentice performing work on no deductions have been made either directly or indirectly the job site in excess of the ratio permitted under the from the full wages earned, other than permissible registered program shall be paid not less than the 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 incorporated (expressed in percentages of the journeyman's hourly rate) into the contract. specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid (c) The weekly submission of a properly executed at not less than the rate specified in the registered certification set forth on the reverse side of Optional Form program for the apprentice's level of progress, expressed WH-347 shall satisfy the requirement for submission of the as a percentage of the journeymen hourly rate specified in 'Statement of Compliance"required by subparagraph A.3. the applicable wage determination. Apprentices shall be (ii)(b). paid fringe benefits in accordance with the provisions of (d) The falsification of any of the above certifications may the apprenticeship program. If the apprenticeship program subject the contractor or subcontractor to civil or criminal does not specify fringe benefits, apprentices must be paid prosecution under Section 1001 of Title 18 and Section 231 the full amount of fringe benefits listed on the wage of Title 31 of the United States Code. determination for the applicable (III)The contractor or subcontractor shall make the records classification. If the Administrator determines that a 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 representatives of HUD or its designee or the Department that determination. In the event the Office of of Labor,and shall permit such representatives to interview Apprenticeship Training, Employer and Labor Services, or employees during working hours on the job. if the a State Apprenticeship Agency recognized by the Office, 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 29 CFR 5.12. are employed pursuant ',to and individually registered in 4.Apprentices and Trainees. a program which has received prior approval, evidenced (I) Apprentices. Apprentices will be permitted to work at by 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 Stale 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 wage rate on the wage determination which provides for journeymen on the job site in any craft classification shall not be less than full benefits for apprentices.a greater than the ratio permitted to the contractor as to the entire work 9 DPrentices. Any force under the registered program.Any worker listed on a payroll at employee listed on the payroll at a trainee rate who is not an apprentice wage rate,who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(08/2009) Page 3 of 5 ref.Handbook 1344.1 Page 29 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 or paid not less than the applicable wage rate on the wage 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 (iii) The penalty for making false statements is prescribed approval of a training program, the contractor will no longer be in the U.S. Criminal Code. 18 U.S.C. 1001. Additionally, permitted to utilize trainees at less than the applicable U.S. Criminal Code, Section 1 01 0, Title 18, U S.0 predetermined rate for the work performed until an acceptable "Federal Housing Administration transactions", provides in program is approved. part:"Whoever,for the purpose of...influencing in any (fit) 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 tobefalse shall be in conformity with the equal employment shall be fined not more than$5,000 or imprisoned not more opportunity requirements of Executive Order 11246, as 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 provisions subcontracts. The prime contractor shall be responsible of this paragraph B are applicable where the amount of the prime for the compliance by any subcontractor or lower tier contract exceeds 5100,000. As used in this paragraph,the tens subcontractor with all the contract clauses in this "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 wok 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 compensation at a rate not teas than one and one-half times the basic Requirements. All rulings and interpretations of the Davis- rate of pay for all hours worked in excess of 40 hours fn such Bacon and Related Acts contained in 29 CFR Parts 1,3,and 5 workweek. are 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 shalt 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 Columbia or a territory,to such District or to such territory), between the contractor (or any of its subcontractors)and for liquidated damages. Such liquidated damages shall be HUD or its designee,the U.S. Department of Labor,or the computed with respect to each individual laborer or employees or their representatives. mechanic, including watchmen and guards, employed in 10. (i) Certification of Eligibility. By entering into this violation of the clause set forth in subparagraph (1)of this contract the contractor certifies that neither it(nor he or paragraph, in the sum of $25 for each calendar day on she) nor any person or firm who has an interest in the which such individual was required or permitted to work in contractor's firm is a person or firm ineligible to be excess of the standard workweek of 40 hours without awarded Government contracts by virtue of Section 3(e) payment of the overtime wages required by the clause set of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be forth in sub paragraph(1)of this paragraph. Previous editions are obsolete form HUD-4010(0812009) Page 4 0f 5 ref.Handbook 1344.1 Page 30 (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 Slat 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. Previous editions are obsolete lam HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 Page 31 ATTACHMENT C—Federal Labor Standards and Section 3 Requirements 4UAhl1_arE 1,11I4 ;, PUBLIC HOUSING AND � _ • COMMUNITY DEVELOPMENT f ATTACHMENT TO BID PACKAGE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT FEDERAL LABOR STANDARDS AND SECTION 3 REQUIREMENTS Agency Name: _City of Opa-locka Project Name: Roofing Services/Interior and Exterior Renovations Project Address: 2105 All Baba Avenue,Opa-locka,FL 33054 Prepared by Ron Williams PNCD Project Manager Date:September 28,2018 Page 1 of 54 Page 32 Table of Contents Federal Labor Requirements Documents that must be incorporated in the submittal of the bid package: NOTICE TO BIDDERS/PROSPECTIVE GENERAL CONTRACTORS) 3 STATEMENT OF GENERAL CONTRACTOR'S CONSTRUCTION EXPERIENCE 4-5 CERTIFICATION OF RECEIPT 6 INSURANCE REQUIREMENTS 7-8 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS 9-12 Acquisition Threshold Termination Clauses over$10,000 Equal Employment Opportunity Davis Bacon Act Contract Work Hours and Safety Standards Act(CWHASA) Rights to Inventions Department and Suspension EO 1549&12689) Byrd Anti-Lobbying Amendment NONCOLLUSION AFFIDAVIT 13 CERTIFICATION REGARDING LOBBYING 14 AFFIRMATIVE ACTION STANDARDS 15-19 OTHER REQUIRED CERTIFICATIONS 20-22 Equal Employment Opportunity(EO 10925,11114,&11246) Affirmative Action(41 CFR 60-1&60-2) Copeland Anti-Kickback(24 CFR part 85.36) Disclosure for Anticipated Debarment Nondiscrimination Clause Age Discrimination Act of 1975 Section 504 of the Rehabilitation Act of 1973 Debarment,Suspension,Ineligibility and Voluntary Exclusion DRUG-FREE WORKPLACE CERTIFICATION 23-24 INSTRUCTIONS REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 25-26 EQUAL EMPLOYMENT OPPORTUNITY FOR SPECIAL DISABLED VETERANS 27-29 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES 30-31 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION(EO 11246) 32-34 STANDARD FEDERAL EQUAL EMPLOYMENT CONTRACT SPECIFICATIONS 35-39 EQUAL EMPLOYMENT FOR CONTRACTS SUBJECT TO E0 11246 40-41 CERTIFICATION FOR NONSEGREGATED FACILITIES 42 NOTICE OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES 43 NOTICE OF REQUIREMENT FOR CLEAN WATER,CLEAN AIR AND EPA REGULATIONS(EO 11738) 44-45 SWORN STATEMENT-PUBLIC ENTITY CRIMES 46-48 PHCD AGREEMENT TO AUTHORIZE EXAMINATION OF RECORDS 49 SECTION 3 50-54 Section 3 Requirements Assurance of Compliance with Section 3 Bidder's Initial Section 3 Goals DAVIS BACON WAGE DECISION ATTACHMENT A FL180260 MOD 5-08/31/2018 FL260-BUILDING FEDERAL LABOR STANDARDS PROVISION(HUD 4010) ATTACHMENT B Page 2 of 54 Page 33 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 o'the project) Page 3 of 54 Page 34 STATEMENT OF SUB-CONTRACTOR'S CONSTRUCTION EXPERIENCE To be submitted by each sub-contractor with requested information and affidavits. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Add additional pages as necessary. 1. I Sub-Contractor: 2. Sub-contractor Address: Phone: I Email address: 3. Name of each owner,principal officer,partner,etc. 4. Minority ❑ Yes ❑ No Women-owned Business? ❑ Yes ❑ No I Women-owned Business? 5. I Company Qualifier: 6. I Years in Business: 7. U.S.Treasury Number. (Employer's Identification number;Federal Social Security number used on Employer's quarterly Federal Tax/return,U.S.Treasury Department. CC#License Number: I State: EIN# 8. I Contractor's Certification Categories: 9. Contracts completed in the last five years(include the months and year completed,use additional pages,if needed) Project Duration(months vears) Year Completed Page 4 of 54 Page 35 10. Contractor's on-going construction projects(Schedule these,showing gross amount of each contract and the approximate anticipated dates of completion). Pr•'ect Current Duration months ears Antici•ated Com•letion Date 11. Have you ever defaulted on a Contract? ❑ Yes ❑No Please explain. 12. The subcontractor 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) 13. 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) Sworn to and subscribed before me this day of ,20 Date By ,and is personally known to me or has presented (Affiant) as identification. (Type of Identification) (Signature of Notary) (Serial Number) (Print or Stamp Name of Notary) (Expiration Date) Notary Public Notary Seal Page 5 of 54 "UMW OVSNYVAIG Page 36 CERTIFICATION OF RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project ROOFING SERVICES/INTERIOR AND EXTERIOR RENOVATIONS (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: FL180260 MOD#5 —08/31/2018 FL260-BUILDING 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:FL180260 MOD#5-08/31/2018 FL260-BUIDING for this project. Agency Name: Employer ID#/FID#: Full Address(induding City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Chock ono,as applicable: Contractor Subcontractor Other Page 6 of 54 7/SENNISIOMMIS.71., .1141=376 i$9.461.= Page 37 INSURANCE REQUIREMENTS The term"Contractor",as used in this document,refers to the entity providing construction type services. The terms "owner"and"sub-recipient"are used interchangeably,and refer to the entity receiving Federal funds directly from PHCD. I. Based on the type of project,the Contractor shall acquire the following insurance and submit necessary certificate(s)and original policies described hereunder. REQUIRED CERTIFICATE(S)OF INSURANCE Worker's Compensation Insurance-for all employees of the Contractor as required by Florida Statute 440. Professional Liability Insurance- in the name of the Contractor or the licensed design professional employed by the Proposer in an amount of not less than$250,000. Commercial General Liability — on a comprehensive basis, including Explosion, Collapse and Underground Liability coverage in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance-covering all owned,non-owned and hired vehicles used in connection with the work,in an amount not less than$1,000,000 combined single limit per occurrence for bodily injury and property damage. Completed Value Builder's Risk Insurance-on al"All Risk"basis(when applicable)in an amount not less than one hundred(100%)percent of the insurable value of the building(s)or structure(s)as determined by Miami-Dade County. The policy will show Miami-Dade County as a Loss Payee A.T.I.M.A. All insurance requirements must be verified at before a pre-construction meeting is scheduled through the PHCD Project Manager assigned. 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"A"as to management,and no less than"Class VII"as to financial strength,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 Financial Services. Page 7 of 54 Page 38 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 8 of 54 Page 39 PROVISIONS TO BE INCORPORATED IN CONSTRUCTION CONTRACTS In addition to other provisions required by US HUD in the HUD 4010 incorporated in this document, the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following,as stated in 2 CFR Appendix II to Part 200: (A) Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. Provisions for termination are as follows: 1. Termination at Will This contract,in whole or in part,may be terminated by the Principal Contractor/Owner upon no 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. 2. Termination for Convenience The Principal Contractor/Owner may terminate this contract,in whole part,when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds.Both parties shall agree upon the termination conditions.The Principal Contractor/Owner,at its sole discretion,reserves the right to terminate this contract without cause upon thirty(30)days written notice. Upon receipt of such notice,the Contractor shall not incur any additional costs under this contract. The Principal Contractor/Owner shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The Principal Contractor/Owner shall be the sole judge of"reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short-fall,or a reduction in federal appropriations,or should funds to finance this contract become unavailable,the Principal Contractor/Owner may terminate this contract upon no less than twenty-four(24)hours written notification to the Contractor.Said notice shall be delivered by certified mail,return receipt requested, or in person with proof of delivery. The Principal Contractor/Owner shall be the final authority to determine whether or not funds are available. The Principal Contractor/Owner may at its discretion terminate,renegotiate and/or adjust the contract award whichever is in the best interest of the Principal Contractor/Owner. Page 9 of 54 Page 40 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Principal Contractor/Owner through Board of County Commissioners' action, the Principal Contractor/Owner may,at its discretion,request in writing from the Director of PHCD a release from its contractual obligations to the County.The Director of PHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach The Principal Contractor/Owner may terminate this contract,in whole or in part,when the Principal Contractor/Owner determines, in its sole and absolute discretion that the Contractor is not making sufficient progress thereby endangering ultimate contract performance,or is not materially complying with any term or provision of this contract. Unless the Contractor's breach is waived by the Principal Contractor/Owner in writing, the Principal Contractor/Owner may,by written notice to the Contractor,terminate this contract upon no less than twenty-four(24)hours'notice.Said notice shall be delivered by certified mail,return receipt requested,or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract.The provisions herein do not limit the Principal Contractor's/Owner's right to legal or equitable remedies. 6. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its contract with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation,including attorney's fees.The foregoing notwithstanding,any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five(5)years. Page 10 of 54 Page 41 7. Payment Settlement If termination occurs,the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity"(30FR 12319,12935,3 CFR Part,1964- 1965 Comp.,p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." (D) Davis Bacon Act,as amended(40 U.S.C.3141-3148). When required by the Federal program,all prime construction contracts in excess of$2,000 awarded by grantees and sub grantees shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-31444 and 3146- 3148)as supplemented by Department of Labor regulations(29 CFR Part 5). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contractor subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for complaisance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145), as supplemented by Department of Labor regulations(29 CFR Part 3). The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Further, the provision listed below must be included in each set of bid documents and incorporated in each contract,subcontract,and any lower-tier subcontract: "The contractor hereby agrees that it will abide by the requirements of the Federal Labor Standards Provisions issued by the United States Department of Housing and Urban Development and described in Form HUD-4010 and those requirements contained in Wage General Decision Number FL180260 MOD#5—08/31/2018 FL260-BUILDING. (E) Contract Work Hours and Safety Standards Act (CWHASA) (40 U.S.C. 3701-3708). Where applicable,all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases o supplies Page 11 of 54 Page 42 or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made under a Contract or Agreement. If the Federal award meets the definition of"funding agreement'under 37 CFR 401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 FR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.SC.7401-7671a.)and the Federal Water Pollution Control Act(33 U.S.C.1251- 1387),as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA)see page 44-45. (H) Debarment and Suspension(Executive Orders 1549 and 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM.gov), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp., P. 235), "Debarment and Suspension." SA Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal ward. Such disclosures are forwarded from tier to tier up to the non-Federal award. Page 12 of 54 Page 43 NONCOLLUSION AFFIDAVIT STATE OF: COUNTY OF: ,being first duly sworn,deposes and says that (1) He/she is of ,the Bidder that has submitted the attached Bid. (2) Bidder has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Bidder,firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached Bid has been submitted or to refrain from bidding in connection with such contract,or has in any manner, directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fix the price or prices,profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through advantage against the (Local Public Agency)or any person interested in the proposed contract;and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives,owners,employees,or parties in interest,including this affiant. (SIGNED) Title Subscribed and sworn to before me this day of ,20 My commission expires: Page 13 of 54 Page 44 CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans and Cooperative Agreements in excess of$100,000 The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Agency Name: Employer ID#/FID# Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 14 of 54 Page 45 AFFIRMATIVE ACTION STANDARDS Contracts covered by the Notice and Specifications shall take affirmative action to ensure equal employment opportunity. Evaluation of contractor's compliance with the affirmative action standards shall be based on contractor's efforts to achieve maximum results from their actions. The contractor shall be required to provide documentary evidence of efforts to implement each of the 16 affirmative action steps outlined in the Specifications. Listed below are the 16 essential affirmative action steps,the efforts required to implement them and the records that should be maintained to document the contractor's efforts. 1. Contractors must maintain a working environment free of harassment,intimidation,and coercion at all sites and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible,must assign 2 or more women to each construction project. The contractor shall specifically insure that all forepersons,superintendents,and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment,with specific attention to minorities or women working at such sites or in such facilities. To Demonstrate Compliance: Contractor must have copies of memoranda to supervisory staff,or minutes or notes of staff meeting or EEO officer's meetings with supervisors to inform them of the contractor's obligation to maintain a working environment free of harassment,intimidation,and coercion and to where possible,assign two or more women to each construction project Monitoring of work environment by EEO officer. 2. Contractors must establish and maintain a current list of minority and women's recruitment sources, provide written notification to minority 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, 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 Page 15 of 54 Page 46 (if not)the reason;whether or not the person was sent to a union for referral and what happened; and follow-up contracts when the contractor was hiring. 4. Contractors must provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement failed to refer to the Contractor a minority or woman sent by the contractor,or when the contractor has other information that the union referral process impeded the contractor's efforts to meet its obligations. To Demonstrate Compliance: Contractors must have copies of letters sent to verify claim that the union is impeding the contractor's efforts to comply. 5. Contractors must develop on-the-job training opportunities or participate in training programs for the area that expressly includes minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notices of those programs to the sources compiled under Item 2,above. To Demonstrate Compliance: Contractors must have records of contributions in cash,equipment supplied or contractor personnel provided as instructors for approved Bureau of Apprenticeship and Training or Department of Labor funded training programs and records of the hiring and training of minorities and women from such programs. Supply copies of letters informing minority and women's recruitment sources or schools providing these training programs. 6. Contractors must disseminate their EEO policies by providing notices of the policy to unions and training programs and requesting their help in meeting its EEO obligations;by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper or annual report; by specific review of the policy with all management personnel and with all minority and women employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. To Demonstrate Compliance: Contractors must have written EEO policies that include the name and contact information on the contractor's EEO officer and must(a) include the policy in any company policy manuals;(b)post a copy of the policy on all company bulletin boards(in the office and on all job sites);(c)put in records, such as reports or diaries,that each minority and woman employee is aware of the policy and that it has been discussed with them; (d) record that the policy has been discussed regularly at staff meetings;(e) make copies of newsletters and annual reports that include the policy; and (f)make copies of letters to unions and training programs requesting their cooperation in helping the contractor meet its EEO obligations. Contractors must review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination,or other employment decisions,including specific review of these items with on-site supervisory personnel such as superintendents and general forepersons prior to the initiation of work at any job site. Contractors must make and maintain a written record and maintain it to identify the time and place of these meetings, persons attending, subject matter discussed,and disposition of the subject matter. Page 16 of 54 Page 47 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. 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. Page 17 of 54 Page 48 To Demonstrate Compliance: Contractors must have evidence in the form of correspondence, or certificates that all tests, interviews and selection procedures used by the contractor,a craft union,or Joint Apprenticeship Committee meet the requirements in the OFCCP testing and selection guidelines. 12. Contractors must conduct, at least annually, an inventory evaluation (at least)of all minority and women personnel for promotional opportunities and encourage these employees to seek or to prepare for such opportunities by appropriate training. To Demonstrate Compliance: Contractors must have written records (memo, letters, personnel files, etc.) showing that the company conducts annual reviews of minority and female personnel for promotional opportunities and notifies these employees of training opportunities(formal or on-the-job)and encourages their participation. 13. Contractors must ensure that seniority practices,job classifications, work assignments, and other personnel practices do not have a discriminatory effect,by continually monitoring all personnel and employment related activities to insure that the EEO policy and the Contractor's obligations under these specifications are being carried out. To Demonstrate Compliance: Contractors must have evidence(letter,memos,personnel files,reports)that: (a)the activity under Item 12,above, has been carried out;(b)any collective bargaining agreements have an EEO clause and the provisions do not operate to exclude minorities and women;(c)the EEO officer reviews all monthly workforce reports,hiring,terminations,and training provided on the job;(d)the EEO officer's job description identifies his or her responsibility for monitoring all employment activities for discriminatory effects;and(e)the contractor has initiated corrective action whenever the contractor has identified a possible discriminatory effect. 14. Contractors must insure that all facilities and company activities are nonsegregated, except for providing separate or single-user toilets and necessary changing facilities to assure privacy between the sexes. To Demonstrate Compliance: Contractors must have incorporated the "Certification of Nonsegregated Facilities" from the contractors federally involved contract documents into all subcontracts and purchase order; have records that announcements of parties,picnics,etc.have been posted and have been available to all employees;have written copies of contracts(written or verbal)with supervisory staff regarding the provision of adequate toilet and changing facilities to assure privacy between the sexes. 15. Contractors must document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers,including circulation of solicitations to minority and women's contractor associations and other business associations. To Demonstrate Compliance: Contractors must have copies of letters or other direct solicitation of bids for subcontractors or joint ventures from minority or women contractors with a record of specific responses and any follow-up the contractor has done to obtain a price quotation or to assist a minority or female contractor in preparing or reducing a price quotation;have a list of all minority or female subcontracts awarded or Page 18 of 54 Page 49 joint ventures participated in with dollar amounts;have copies of solicitations sent to minority and women's contractor associations or other business associations. 16. Contractors must conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. To Demonstrate Compliance: Contractors must have copies of memos, letters, reports, minutes of meeting, or interviews with supervisors regarding their employment practices as they relate to the contractor's EEO policy and affirmative action obligations, and written evidence that supervisors were notified when their employment practices adversely or positively impacted on the contractor's EEO and affirmative action posture. Initials Page 19 of 54 Page 50 OTHER REQUIRED CERTIFICATIONS A. EQUAL EMPLOYMENT OPPORTUNITY Bidder,by submission of this quotation represents: The undersigned has _, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause herein or the clause originally contained in Section 301 of Executive Order No. 10925,or the clause contained in Section 201 of Executive Order No. 11114; that it has , has not _ filed all required compliance reports; and that representations indicating submission of the required compliance reports,signed by proposed subcontractors,will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts which are exempt from the clause.) For Contracts not subject to Executive Order 11246: In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin.The contractor shall take affirmative action to insure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color religion,sex,or national origin. Such action shall include,but not limited to,advertising;layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places,available to employees and applicants for employment,notices to be provided by the Government setting for the provisions of the nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race,color,religion,sex,or national origin. For Contracts who are subject to Executive Order 11246,see page 40-41 B.AFFIRMATIVE ACTION The bidder represents that he has( )has not( ),participated in a previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246;that he has( )has not( )developed a written affirmative action compliance program for as required by the rules and regulation of the Secretary of Labor(41CFR 60-1 and 60-2); it has not previously had contracts subject to written affirmative action program requirements of the rules and regulations of the Secretary of Labor; that he has( )has not( ),filed with the Joint Reporting Committee,the Office of Federal Contract Compliance Programs(OFCCP)or the Equal Employment Opportunity Commission (EEOC) all reports due under the applicable filing requirements; and that representations indicating submission of required compliance reports, signed by proposed subcontractors,will be obtained prior to contract and/or subcontract award. C.COPELAND ANTI-KICKBACK By submission of a bid,the bidder certifies that it has read and complies with the General Provision entitled"Anti-Kickback Procedures"as stated in 24 CFR part 85.36 as follows: Page 20 of 54 Page 51 All contracts and subcontracts for construction or repair shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Department of Regulations(29 CFR, Part 3). This Act provides that each contractor or subcontractor shall be prohibited from inducing,by any means,any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which he is otherwise entitled. By submission of this bid,the bidder attests that neither it nor any of its employees has performed or participated in any prohibited actions,as defined in this provision. D. FULL DISCLOSURE BY THE CONTRACTOR/BIDDER REGARDING WHETHER IT ANTICIPATES BEING OR IS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT BY THE FEDERAL GOVERNMENT, STATE OF FLORIDA, OR MIAMI- DADE COUNTY AT TIME OF AWARD. This certification applies to a contract or subcontract in excess of$25,000 By submission of an offer, the bidder certifies that it has provided full disclosure in writing to (name of implementing agency)whether as of the anticipated time of award of any contract resulting from this solicitation;it anticipates that it or its principals will be debarred,or proposed for debarment by the Federal Government,State of Florida,or Miami- Dade County. By commencing performance of the Contract work,the selected contractor certifies that it has made full disclosure in writing to (name of implementing agency)as to whether as of the time of award it or any of its principals is debarred,suspended,or proposed for debarment by the Federal Government,State of Florida,or Miami-Dade County. E. NONDISCRIMINATION CLAUSE Section 109.Housing and Community Development Act of 1974 No person in the United States shall on the ground of race,color,national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under Section 109,Housing and Community Development Act of 1974. F.AGE DISCRIMINATION ACT OF 1975,AS AMENDED Non-discrimination on the Basis of Age No qualified person shall on the basis of age be excluded from participation in,be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. Page 21 of 54 Page 52 G.SECTION 504 OF THE REHABILITATION ACT OF 1973,AS AMENDED Non-discrimination on the Basis of Handicap No qualified handicapped person shall,on the basis of handicap be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal assistance. H. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PROSPECTIVE TIER AND/OR LOWER TIER TRANSACTIONS By submission of the document,the prospective tier and lower tier participants certify,that: 1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction, by any Federal department or agency. a. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; b. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and c. Have not within a three-year period preceding this application had one or more public transactions(Federal,State,or local)terminated for cause or default;and 2. Where the prospective tier or lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Agency Name: Employer ID P/FID q: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 22 of 54 Page 53 CERTIFICATION REGARDING DRUG-FREE WORKPLACE (GRANTEES OTHERTHAN 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 23 of 54 Page 54 (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 IDP/FID It: Full Address(including City,ST and Zip)and Emal Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 24 of 54 Page 55 INSTRUCTIONS REGARDING DEBARMENT,SUSPENSION,INEUGIBIUTY AND VOLUNTARY EXCLUSION—LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION LISTED ON PAGE 24 1. By signing and submitting this document, the prospective tier and/or lower tier participants are providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective tier and/or lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective tier and/or lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,person,primary covered transaction,principal,proposal and voluntarily excluded,as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective tier and or lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion — Lower Tier Covered Transaction, without modification, in all lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Page 25 of 54 Page 56 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transactions in addition,to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Agency Name: Employer ID#/FID#: 1 Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 26 of 54 Page 57 EQUAL EMPLOYMENT OPPORTUNITY FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ,advance in employment and otherwise treat qualified individuals without discrimination based on their status as a special disabled veteran or veteran of the Vietnam era in all employment practices,including the following: i. recruitment,advertising,and job application procedures; ii. hiring,upgrading,promotion,award of tenure,demotion,transfer,layoff,termination,right of return from layoff and rehiring; iii. rates of pay or any other form of compensation and changes in compensation; iv. job assignments,job classifications,organizational structures,position descriptions,lines of progression,and seniority lists; v. leaves of absence,sick leave,or any other leave; vi. fringe benefits available by virtue of employment, whether or not administered by the contractor; vii. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meeting, conferences, and other related activities,and selection for leaves of absence to pursue training; viii. activities sponsored by the contractor including social or recreational programs;and ix. any other term,condition,or privilege of employment. 2) The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other that the one wherein the contract is being performed,but excluding those of independently operated corporate affiliates,atan 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. 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. Page 27 of 54 Page 58 5) The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filed outside of the 50 States,the District of Columbia,the Commonwealth of Puerto Rico,Guam and the Virgin Islands. 6) As used in this clause: i. All employment openings includes all positions except executive and top management,those positions that will be filled from within the contractor's organization,and positions lasting three days or less. This term includes full-time employment,temporary employment of more that three days'duration,and part time employment ii. Executive and top management means any employee: (a)whose primary duty consists of the management of the enterprise in which he or she is employed or of a customarily recognized department of subdivision thereof;and(b)who customarily and regularly directs the work of two or more other employees therein; and (c) who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight;and(d)who customarily and regularly exercises discretionary powers;and(e) who does not devote more than 20 percent,or,in the case of an employee or a retail or service establishment who does not devote as much as 40 percent,of his or her hours of work in the work week to activities which are not directly and closely related to the performance of the work described in(a)through(d)of this paragraph 6.ii.;Provided,that(e)of this paragraph 6.ii.shall not apply in the case of an employee who is in sole charge of an independent branch establishment,or who owns at least a 20-percent interest in the enterprise in which he or she is employed. iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization. 7) The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. 8) In the event of the Contractor's non-compliance with the requirements of this dause,actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 9) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs,Director,provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans or veterans of the Vietnam era. The contractor must ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). Page 28 of 54 Page 59 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)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 29 of 54 28.16461.8.4212(81-912 Page 60 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIESS 1) The contractor will not discriminate against any employee or applicant for employment because he or she is a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ,advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices,including the following: x. Recruitment,advertising,and job application procedures; xi. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; xii. Rates of pay or any other form of compensation and changes in compensation; xiii. Job assignments,job classifications,organizational structures,position descriptions,lines of progression,and seniority lists; xiv. Leaves of absence,sick leave,or any other leave; xv. Fringe benefits available by virtue of employment,whether or not administered by the contractor; xvi. Selection and financial support for training, including apprenticeship, professional meetings,conferences,and other related activities,and selection for leaves of absence to pursue training; xvii. Activities sponsored by the contractor including social or recreational programs;and xviii. Any other term,condition,or privilege of employment. 2) The Contractor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act 3) In the event of the Contractor's non-compliance with the requirements of this clause,actions for non- compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act 4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistance Secretary for Federal Contract Compliance Programs,provided by or through the contracting officer. Such notice shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The contractor must ensure that applicants or employees with disabilities are informed of the contents of the notice(e.g.,the contractor may have the notice read to a visually disabled individual,or may lower the posted notice so that it might be read by a person in a wheelchair). 5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973,as amended,and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities. 6) The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of$10,000,unless exempted by rules,regulations,or orders of the Secretary issued pursuant to Section 503 of the Act,as amended,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as Page 30 of 54 Page 61 the Deputy Assistance Secretary for Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 31 of 54 Page 62 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 60-4.2(d)THE NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. 2. The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in all trades on all construction work in the covered area,are as follows: A. GOALS FOR MINORITY UTILIZATION,All Trades: Area Covered: Dade County,Florida Goals and Timetables* Timetable Trade Goal Until Further NoticeAll 39.5% B. GOALS FOR FEMALE U1IUZA11ON,All Trades: Area Covered: Goals for Women apply nationwide. Goals and Timetables* Timetable Trade Goal Until Further NoticeAll 6.9% THESE GOALS ARE APPLICABLE TO ALL 111E CONSTRUCTION WORK CONTRACTORS(WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED)PERFORMED IN THE COVERED AREA. 3. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a),and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a Page 32 of 54 Page 63 violation of the contract,the Executive Order and the regulations in 41 CFR Part 60-4.Compliance with the goals will be measured against the total work hours performed. 4. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000,at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor, employer identification number,estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. 5. As used in this Notice,and in the contract resulting from this solicitation,the"covered area"is Miami-Dade County,Florida(insert description of the geographical areas where the contract is to be performed giving the state,county and city,if any). 60-4.3(a) EQUAL OPPORTUNITY CLAUSE During the performances of this contract,the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race,color,religion,sex or national origin. Such action shall include,but not be limited to the following:employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this Equal Opportunity Clause. 2. The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the labor union or workers'representative of the Contractor's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24,1965, and of the rules,regulations,and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto,and will permit access to his books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. Page 33 of 54 Page 64 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. Page 34 of 54 Page 65 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. 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. Page 35 of 54 Page 66 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these specifications,Executive Order 11240,nor the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,the Contractor must employ such apprentices and trainees during the training period, and the Contractor must have a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities. Trainees must be trained in training programs approved by U.S.Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully,and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents,and ocher on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individual working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union,a recruitment source of community organization and of what action was taken with respect to each such individual.If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union,if referred,not employed by the Contractor, this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. Page 36 of 54 Page 67 e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under(7)b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 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. Page 37 of 54 Page 68 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. 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. Page 38 of 54 Page 69 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph(7)of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any,employee identification number when assigned,social security number, race,sex,status(e.g.mechanic,apprentice,trainee,helper,or laborer),dates of changes in status, hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,these under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 39 of 54 Page 70 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. 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 Page 40 of 54 Page 71 by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,1965,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontractor or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in,or threatened with,litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 41 of 54 Page 72 CERTIFICATION OF NONSEGREGATED FACILITIES 1. "Segregated facilities,"as used in this provision,means any waiting rooms,work areas,rest rooms and wash rooms,restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race,color,religion,or national origin,because of habit,local custom,or otherwise. 2. By the submission of an offer,the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishment,and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause of the contract. 3. By submission of the bid,the bidder further agrees that(except where it has obtained identical certifications from proposed subcontractors for specific time periods)it will: a. Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; b. Retain such certifications in its files;and c. Forward this certification and the attached NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES to proposed subcontractors. d. By commencing performance of the Contract work,the selected contractor certifies to the Nonsegregated Facilities provisions above. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C.1001 Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 42 of 54 Page 73 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NON SEGREGATED FACILITIES A Certification of Nonsegregated Facilities,as required by the May 9,1967,order(32 F.R.7439,May 19, 1967)on Elimination of Segregated Facilities by the Secretary of Labor,must be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.The certification may be submitted either for each subcontract or for all subcontracts during a period(i.e.,quarterly,semiannually,annually). Note: The penalty for making false statements in offers is prescribed in 18 U.S.C.1001 Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 43 of 54 Page 74 NOTICE OF REQUIREMENT CLEAN WATER,CLEAN AIR,EXECUTIVE ORDER(E.O.)11738 AND EPA REGULATIONS PROVISION This agreement is subject to the requirements of the Clean Air Act,as amended,42 USC 1857 et seq.,the Federal Pollution Control Act,as amended,33 USC 1251 et seq.and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended from time to time. The Contractor and any of its subcontractors for work funded under this Agreement which is in excess of $150,000,agree to the following requirements: 1. Any facility to be utilized in the performance of this proposed contract has( ),has not ( )been listed on the Environmental Protection Agency List of Violating Facilities; 2. The contractor or any of its subcontractors agree to comply with all the requirements of Section 114 of the Clean Air Act,as amended(42 ISC 1857c-8)and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports, and information,as well as all other requirements specified in said Section 114 and Section 308,and all regulations and guidelines issued thereunder; 3. The contractor or any of its subcontractors agree that,as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities,Environmental Protection Agency(EPA)indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of Violating Facilities;and 4. The Contractor or any of its subcontractors agree that he will include or cause to be included the criteria and requirements in paragraph 1 through 4 of this section in every nonexempt sub-contract and that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. 5. The bidder certifies that he/she will comply with all applicable standards, orders or regulations issued pursuant to the clean Air Act of 1970(42 U.S.C.1857 et seq.)and the Federal Water Pollution Control Act(33 U.S.C.1251 et seq.)as amended and with the Lead-Based Paint Poisoning Prevention Act(Public Law 91-695). All applicable rules and orders of the Federal Government issued there under prior to the execution of the contract, shall be binding upon the prime bidder, its subcontractors,and assignees. Violations by contractors will be reported to the U.S.Department of Housing and Urban Development and the Regional Office of the Environmental Protection Agency. Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Page 44 of 54 Page 75 Date: Check one,as applicable: Contractor Subcontractor Other Page 45 of 54 Page 76 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 nob 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 46 of 54 ,2=110920=1 MSEWStit Page 77 b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.The term"affiliate"includes those officers,directors,executives,partners,shareholders,employees,members,and agents who are active in the management of an affiliate.The ownership by one person of shares constituting a controlling interest in another person,or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a"person"as defined in Paragraph 287.133(1)(e), Florida Statues,means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The term "person" includes those officers, executives, partners, shareholders,employees,members,and agents who are active in management of an entity 6. Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement.(Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity,nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement,or one or more of its officers,directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public entity crime subsequent to July 1, 1989,AND(please indicate which additional statement applies. The entity submitting this sworn statement,or one or more of its officers,directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity,nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list.(attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND Page 47 of 54 Page 78 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 48 of 54 3.260151312111111111=10. aral5=90.13 MM.= Page 79 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT Agreement To Authorize Examination of Records and Adhere to Records Retention Requirements The undersigned agrees to the stipulations noted below for all work,materials,and services provided under this agreement dated and/or for all other third-party agreements/contracts for labor, materials, and services related to the work covered by this agreement for the project/activity. The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami- Dade County,the Department of Housing and Urban Development,or Comptroller General of the United States,or any of their duly authorized representatives shall, have access to and the right to examine any of the following records from the awardee, sub-recipient, developer, contractor, subcontractor, suppliers and/or any other entity involved in any capacity in the above-referenced project/activity,for seven(7)years after final payment under contract. Records shall include,but are not limited to,the following: Contracts, sub-contracts, audits, financial books, ledgers, copies of canceled checks (front and back), wire transfer confirmations, payment requests (draws), invoices, receipts, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes,other media storage,pertinent books,documents, papers,or other records— whether physical, electronic, or in any form– involving transactions related to this contract for the purpose of making audits,examinations,excerpts,and transcriptions. The awardee, sub-recipient, developer, contractor, sub-contractor, sub-tier, suppliers and or any other entity involved in any capacity in the above-referenced project shall adhere to the following records retention requirements: a) Maintain, and require that its sub-contractors and suppliers maintain complete and accurate records to substantiate compliance with the requirements set forth in the contract/agreement documents for this project. b) The undersigned shall retain such records, and all other documents related to the services and materials furnished for this project,for a period of three(3)years from the completion of the activity or project. Other information: a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier warehouse,etc.of all entities involved in any capacity in the above-referenced project. b) Pursuant to the contract,there may be additional records requirement not listed in this agreement. Entity Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Signature: Print Name: Date: ITitle: Check one,as applicable: Developer _Prime-Contractor _Sub-contractor or sub-tier sub-contractor Page 49 of 54 Page 80 Section 3 Requirements For Contracts $200, 000 Or More Page 50 of 54 Page 81 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant,recipient,contractor,and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN FOR UTILIZATION OF PROJECT AREA BUSINESSES Each applicant, recipient,contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan,which shall: a. Set forth the approximated number and dollar value of all contracts proposed to be awarded to all businesses within each category(type or profession)over the duration of the Section 3 covered project. b. Analyze the information set forth in paragraph(a)and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph(a)and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. c. Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This program should include but not be limited to the following actions: i. Insertion in the bid documents, if any,of the affirmative action plan of the applicant, recipient,contractor,or subcontractor letting the contract;and ii. Identification within the bid documents,if any,of the applicable Section 3 project area. iii. Ensuring that the appropriate business concerns are notified of pending contractual opportunities either personally or through locally utilized media. III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section 3 covered projects to provide,prior to the signing of the contract,a preliminary statement of work force needs(skilled,semi-skilled,unskilled labor and trainees by category)where known; where not known,such information shall be supplied prior to the signed of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract,the invitation or solicitation for bids shall advise prospective contractors of the requirements of these regulations. Initials Page 51 of 54 Page 82 Applicant,recipient and contractors should insert plan for utilization of project area business in the bid documents. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job just show in their bid what they will do to implement Section 3. They must in this bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened,they must be evaluated in terms of the bidder's responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan,each applicant,recipient,contractor,or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES AND EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. For further information.please contact: Jorge I.Rendon,Section 3 Coordinator Public Housing and Community Development 701 NW V Court,16th Floor Miami,Florida 33136 Office:786-469-4227 Email:Section30miamidade.gov Initials Page 52 of 54 Page 83 ASSURANCE OF COMPLIANCE(Section 3,HUD ACT of 1968) TRAINING,EMPLOYMENT,AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER INCOME PERSONS A. The project assisted under this(contract)(agreement)is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S. C. 170U. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. Notwithstanding any other provision of this(contract)(agreement),the(applicant)(recipient)shall carry out the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary set forth in 24 CFR Part 135(published in 38 Federal Register 29220,October 23,1973), and all applicable rules and orders of the Secretary issued there under prior to the execution of this (contract) (agreement). The requirements of said regulations include but are not limited to development and implementation of an affirmative action plan for utilizing business concerns located within or owned in substantial part by persons residing in the area of the project;the making of a good faith effort,as defined by the regulation,to provide training,employment and business opportunities required by Section 3;and incorporation of the"Section 3 Clause"specified by Section 135.20(b)of the regulations in all contracts for work in connection with the project. The(applicant) (recipient)certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. C. Compliance with the provision of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of the Secretary issued there under prior to approval by the Government of the application for this (contract) (agreement), shall be a condition of the Federal financial assistance provided to the project, binding upon the (applicant) (recipient), its successors and assigns. Failure to fulfill these requirements shall subject the(applicant)(recipient),its contractors and subcontractors, its successors, and assigns to the sanctions specified by the (contract) (agreement),and to such sanctions as are specified by 24 CFR Section 135 Agency Name: Employer ID#/FID#: Full Address(including City,ST and Tip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable:_Contractor Subcontractor Other Page 53 of 54 Page 84 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968,as amended. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore,should this contract be let to the Bidder, the Bidder agrees to delineate work force needs(skilled,semiskilled,unskilled,labor, and trainees)by category. 3. Of these new employees,the Bidder plans to hire at least percent(%)from the Section 3 Covered Area(Dade County,Florida). 4. The Bidder estimates that percent(%)of those materials purchased for use on this project will be from business located in the Section 3 Covered Area(Dade County, Florida) I, (please print),as an authorized Officer of the Bidder,do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968,as amended,and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract,it becomes subject to monitoring for compliance with this plan by Miami-Dade County Public Housing and Community Development. Agency Name: Employer ID#/FID#: Full Address(including City,ST and Zip)and Email Address Authorized Signature: Print Name: Title: Date: Check one,as applicable: Contractor Subcontractor Other Page 54 of 54 Page 85