Agenda 01/26/2016 Item #16D 7 1/26/2016 16.D.7.
EXECUTE SUMMARY
Recommendation to approve selection committee rankings and enter into negotiations for a
contract for Request for Proposal No. 15-6530, "Professional Design Services for Immokalee
Fitness Center Remodel," Project Numbers 33422 with Disney & Associates,P.A.
OBJECTIVE: To obtain expert professional engineering services for Immokalee Fitness Center
Expansion project providing a larger community amenity to benefit low-income neighborhoods.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and
infrastructure. On May 26, 2015, Community and Human Services (CHS) and the Parks and Recreation
Division entered into a Memorandum of Understanding (MOU) for the design of the Immokalee Sports
Center fitness expansion. This project seeks to design the renovation of the existing facility at Immokalee
Sports Complex to double its current size. The current facility is often crowded due to the lack of existing
facilities elsewhere in Immokalee. It is anticipated that renovating this facility will allow for improved
conditions in this small, cramped fitness center and increase the space used for fitness activities. The
expansion of the Immokalee Sports Complex Fitness Center will involve redesign of the existing facility
and rehabilitation of the existing adjacent storage facility.
Parks and Recreation staff worked with the Purchasing Division to solicit the services of a design
professional with a Request for Proposal (RFP). The RFP was posted on November 17, 2015. Email
notices were sent to 1,554 firms with 46 vendors requesting full packages. One response was received by
the due date of December 8, 2015. Several firms who picked up solicitation packages were contacted to
provide clarification as to why they did not respond to this request for proposals. Responses included:
heavy workload and capacity, proposals require "much time and effort to put them together"; current
workload; too far to travel, proposals time consuming; and project too small. Pursuant to the Board's
Procurement Ordinance, the Procurement Services Director acknowledges that every effort was made to
advertise and comply with CCNA requirements.
The selection committee met on December 18, 2015 and, after review and discussion, the Committee
unanimously agreed that this firm was qualified and responsive.
Rank Firm
1 i Disney &Associates,P.A.
Disney & Associates, P.A. has previous experience with designing similar improvement projects. Staff
recommends approval of the selection and authorization to commence contract negotiations with Disney
& Associates, P.A. After contract terms are agreed upon, staff will return to the Board with a
recommended contract for approval.
FISCAL IMPACT: There is no fiscal impact associated with this action at this time. Once negotiations
are completed and the contract approved by a future Board action, funding is available in CDBG Public
Service Grant Fund(709),project 33422.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority support for approval. -JAK
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GROWTH MANAGEMENT IMPACT: This faciiity is inventoried in the Growth Management Plan
and is stated under PoIicv 3.1.2.
RECOMMENDATION: That the Board of County Commissioners approves the selection committee
ranking under Request for Proposal 15-64530 "Professional Design Services for Immokalee Fitness
Center Remodel," and directs staff to negotiate a contract to bring back for approval at a subsequent
Board of County Commissioners meeting.
Prepared By: Natali Betancur, Operations Analyst, Parks and Recreation Division
Attachments:
1) 15-6530 Solicitation Immokalee Fitness Center Remodel
2) 15-6530 Exhibit A HUD Supplemental Conditions
3) RFP 15-6530 Final Rank Sheet
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CO-LLIER COUNTY
Board of County Comm ssioner_,
item Number: 16.16.0:16.x':7
Item Summary: Recommendation to approve selection committee rankings and enter
into negotiations for a contract for Request for Proposal No. 15-6530, "Professional Design
Services for Immokalee Fitness Center Remodel," Project Numbers 33422 with Disney &
Associates, P.A.
Meeting Date: 1/26/2016
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Parks &Recreation
12/23/2015 8:26:48 AM
Approved By
Name: WilliamsBarry
Title: Division Director-Parks &Recreation,Parks &Recreation
Date: 12/23/2015 1:26:36 PM
Name: MunozRosa
Title: Grants Coordinator, Community & Human Services
Date: 12/28/2015 9:29:58 AM
Name: BrilhartBrenda
Title: Procurement Specialist,Procurement Services
Date: 12/28/2015 11:2924 AM
Name: JohnsonScott
Title: Manager-Procurement, Procurement Services
Date: 12/29/2015 9:1 1:29 PM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services, Procurement Services
Date: 12/30/2015 8:32:36 AM
Name: TownsendAmanda
Title:Division Director-Operations Support,Public Services Department
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>at_
Name: Wasnburn1ioni:G.
Title: Manager-Park Operations, ParLs S. Recreation
Date: 1/612016 4:52:57 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 1/7/2016 2:05:10 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 1/7/2016 3:47:34 PM
Name: CarnellSteve
Title: Department Head -Public Services, Public Services Department
Date: 1/11/2016 8:54:09 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/14/2016 9:29:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 11:21:33 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 1:00:05 PM
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REQUEST FOR PROPOSALS
ac '")r, ar€ce with Fioricia Statute 2 7.v5E:. Ci to _c T `etiii e ki gotiaicn ^. ..
Administative Services Department
Procurernen:Services Diu or
GRANT FUNDED - CDBG
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
RFP 15-6530
Professional Design Services for
Immokalee Fitness Center Remodel
Brenda Br iihar t, Procurement Strategist
(239) 252-8446 (Telephone)
(239) 252-6697(Fax)
BrendaBrifhart @colliergov.net(Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this
document made by the Consultant may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
r'rzc;.,,^c•�1;errnx r�_nr•,3 2 a snw Mar Ens-•M.. .. ic•ida, 2-.-r'3'•23 2..2z ,'•Sa,aV,rao.
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LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 16
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 23
ATTACHMENT 2: CONSULTANT CHECK LIST 24
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 25
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 26
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 28
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 29
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 30
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 32
EXHIBIT A— HUD SUPPLEMENTAL CONDITIONS
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Cattier Gavat y
- -ifl ?;a6r �eric ao
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide Professional
Design Services for Immokalee Fitness Center Remodel will be received until 3:00 PM,
Naples local time, on December 8, 2015 at the Collier County Government, Purchasing
Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
RFP 15-6530
Professional Design Services for Immokalee Fitness Center Remodel
Services to be provided may include, but not be limited to the following: professional design
services for renovations of the Immokalee Fitness Center. A pre-proposal conference is
not applicable for this solicitation. All statements should be made upon the official proposal
form which must be obtained only on the Collier County Purchasing Department Online Bidding
System website: www.colliergov.net/bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Director, Procurement Services Division
This Public Notice was posted on the Collier County Purchasing Department website:
www.collieroov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County
Government Center on November 17, 2015.
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Exhibit I: Scope of Work, Specifications and Response Format
reoues e_ :, the Faec Hiles Managemerrf arc anc Recreation 1 !ISl I _ (hereinstie
the 'Division or Department') the .:oliier ::ounty :osrol of County Commissioners Erocuremen
Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter,
"RFP") with the intent of obtaining proposals from interested and qualified Consultants in
accordance with the terms, conditions and specifications stated or attached. The Consultant, at
a minimum, must achieve the requirements of the Specifications or Scope of Work stated.
Brief Description of Purchase
Collier County Parks & Recreation intends to make alterations at the existing Immokalee Fitness
Center to expand uses within the current building footprint. The project will include Architectural,
Plumbing, Mechanical and Electrical Engineering for the project bidding, permitting and
construction. The award of this contract will be dependent upon the granting agency (HUD)
approval and release of funding. lmmokalee Fitness Center Alteration/Remodeling — located at
505 Escambia Street, lmmokalee, Florida.
Project Assumptions/Description
Collier County Facilities Management will make available all pertinent information documents
associated with the project for the performance of Architects services. Items include, but are not
limited to: existing drawings of the facility for the documentation of existing conditions. The
proposal shall include performing services within a one-time basis and for one phase of design
services.
Due to the nature of this project which are all interior renovations an SDPI will not be required.
The existing building shall not be expanded to add additional square footage. The existing uses
of the Building shall be altered to increase a fitness area and decrease an existing storage area,
modify the internal access, remove two (2) existing overhead doors, add exit door and impact
rated windows at the removed overhead door locations, add a new HVAC system in the
expansion space, add restrooms, add reception desk, add an acoustical lay in ceiling and
lighting within the expansion space, increase electrical outlets for fitness equipment. In the
existing space replace all acoustical ceilings, flooring and wall mirrors, paint to match new area.
Scope of Services
The following services are to be included, but not limited to, in the proposal:
• Concept design
• Existing facility reviews
• Design services
• Estimate project probable costs
• Permitting
• Bidding
• Construction administration service
Term of Contract
The contract term, if an award(s) is/are made is intended to run concurrently with the term of
the construction contract plus sixty (60) days to close out the project.
RFP 15-6530 Immokalee Fitness Ctr Remodel
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Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted
in conjunction with this contract. and such charges should be incorporated into the pricing
structure.
Erojected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes
only. The County reserves the right to adjust this timetable as required during the course of
the RFP process.
Event Date
Issue Solicitation Notice 11/17/2015
Last Date for Receipt of Written Questions 5:00 PM 12/1/15
Pre-solicitation meeting N/A
Addendum Issued By 12/4/15
Solicitation Deadline Date and Time 3:00 PM 12/8/15
Anticipated Evaluation of Submittals Week of 12/14/16
Anticipated Completion of Contract Negotiations By 1/31/16
Anticipated Board of County Commissioner's Contract Approval By 2/28/16
Response Format
The Consultant understands and agrees to abide by all of the RFP specifications, provisions,
terms and conditions of same, and all ordinances and policies of Collier County. The Consultant
further agrees that if the contract is awarded the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP. Any portions of the proposal that do not comply with these
guidelines must be so noted and explained in the Acceptance of Conditions section of the
proposal. However, any proposal that contains such variances may be considered non-
responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Consultant's approach and ability to meet the County's needs, as stated in the
RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word
format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal
submission is strongly encouraged.
The items listed below are to be submitted with each proposal and submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Consultant to include all listed items may result in the rejection of its proposal.
Tab I, Cover Letter/ Management Summary
In this tab, include:
• Provide a cover letter, signed by an authorized officer of the firm, indicating the
underlying philosophy of the firm in providing the services stated herein.
• Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Consultant's
certification that the Consultant will accept any awards as a result of this RFP.
RFP 15-6530 Immokalee Fitness Ctr Remodel
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Tab ll, Business Plan & Project Approach (30 Points, I page limit)
,at inciud_..
• _fn. e,standinc ' xist n` ^i nes _ente' _ teaturet.
• Detailed plan of approach (including major tasks anc sub-tasks); any!
• Project Understanding - Describe the background of the project and the local
circumstances driving the need for this program.
• Key Issues - Describe the key issues anticipated for this project and summarize your
approach to them and your experience dealing with similar issues on other projects.
Tab HI, Workload and Schedule (25 Points, 1 page limit)
Provide a statement as to what effect your current workload will have on your ability to perform
this work. Provide information that documents your firm and subcontractors' qualifications to
produce the required outcomes, including its ability, capacity, skill, and financial strength, and
number of years of experience in providing the required services. Also describe the various
team members' successful experience in working with one another on previous projects.
Include the following:
• Detailed time line for completion of the project.
• Provide current list of projects in the format identified below:
Project Number of
Project Original Final Project Change
Start Date End Date
Description Budget Cost g
Orders
Tab IV, Experience and Capacity of Firm (20 Points, 5 page limit)
In this tab, include:
• Provide a "not to exceed" two page "Firm Credential and Experience" narrative that
identifies and highlights the firms credentials and experience relative to park facilities,
permitting, success and cost effectiveness.
• Provide brief resumes or bios of key individual and qualifying experience relative to
recreational facilities that are available resources and assigned to this project. Include
details of unique benefits that the firm offers on this project.
• Provide information that documents Consultant's and subcontractors' qualifications to
produce the required deliverables, including abilities, capacity, skill, and financial
strength, and number of years of experience in providing the required services.
Tab V: Firm Profile and Assigned Staff Experience Profile (Maximum 15 Points, 1 page
limit) Provide information that document's your firm's qualification to produce the required
deliverables, including abilities, capacity, skill and financial strength in response to the items 1 —
5 below.
1. How many times has your firm been required to reimburse a
customer for Errors and Omissions? None = 10 points, 1-5 = 5
points 6 and up = 0 points.
2. Has the lead project manager assigned to this project have direct
experience working with a government agency on a similar sized
project before?
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• If yes, place one (10) on the line in the adjacent entry field.
If no, place zero (0) on the line in the adjacent entry field.
' Have a minimum numbe~ of ive '5) years that e{ r' ! o. era ic,-.
es _ l o
4. Number of similar design projects In the pas;five 5 years.
5. identify the number of technical staff assigned to this project
(including, but not limited to engineers, supervisors, estimators,
inspectors) if awarded a contract for this RFP.
TOTAL (add 1 + 2 + 3 +4 + 5 )
This Tab will be pre-scored similarly to Tab VI
Consultant Name Total Reference Score Points Awarded
Consultant ABC 45 15
Consultant DEF 42 14
Consultant GHI 38 13.6
Consultant MNO 32 12.6
Tab VI, References— 5 Completed and Returned (10 Points)
In order for the Consultant to be awarded any points for this tab, the County requests
that the Consultant submits five (5) completed reference forms from clients whose
projects are of a similar nature to this solicitation as a part of their proposal. The County
will only use the methodology calculations for the first five (5) references (only)
submitted by the Consultant in their proposal. Prior to the Selection Committee
reviewing proposals, the following methodology will be applied to each Consultant's
information provided in this area:
• The County will total each of the Consultant's five reference questionnaires and
create a ranking from highest number of points to lowest number of points.
References marked with an N/A (or similar notation will be given the score of zero
(0)). Consultants who do not turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the
Consultant who has the highest score.
• The next highest Consultant's number of points will be divided by the highest
Consultant's points which will then be multiplied by criteria points to determine
the Consultant's points awarded. Each subsequent Consultant's point score will
be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Consultant Name Total Reference Score Points Awarded
Consultant ABC 445 10
Consultant DEF 425 9.6
Consultant GHI 388 8.7
Consultant JKL 365 8.2
Note: Sample chart reflects a 10 point reference criterion.
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Site Inspection: If services to be provided involve or are related to a physical site(s),
including, but not limited to: design services for construction, physical monitoring,
e vi7onmenta! studies, inspections, or other lEfs''" activities prior submissior
_r'oocsa!. o"otiose"s s i^}'. 'isr the .(tie, t. deco- rs is liiica with ioca' achditions vita'
in any manner affect performance of the 'Work. This site visit shall be documentec
in writing by the proposer; this documentation shall be submitted with the proposal. The
proposal will be deemed non-responsive if the site visit documentation is not presented
to the County in the proposer's submitted proposal materials. Upon award of the
contract, subsequent site visits shall be at intervals appropriate to the stage of the
project, as determined by the County project manager.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties
that may be encountered in the execution of the Work pursuant to this Agreement as a
result of failure to make the necessary examinations and investigations shall be
accepted as an excuse for any failure or omission on the part of the awarded proposer,
nor shall they be accepted as a basis for any claims whatsoever for extra compensation
or for an extension of time.
Tab VII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to
insurance requirements or any other requirements listed in the RFP. If no exceptions are
indicated in this tabbed section, it will be understood that no exceptions to these
documents will be considered after the award, or if applicable, during negotiations.
Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or
exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
Tab VIII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant Declaration Form'
• Attachment 5: Immigration Affidavit and company's E-Verify profile page and
memorandum of understanding
• Attachment 6: Consultant Substitute W9
• Attachment 7: Insurance Requirements
• Attachment 8: Reference Questionnaire
• Other: License, certifications, informational materials, etc.
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Exhibit II: General RFP Instructions
Direct questions related to this RFP to the Collier County Purchasing Department Online
Bidding System website: www.coliieroov.net/bid. Consultants must clearly understand that
the only official answer or position of the County will be the one stated on the Collier County
Purchasing Department Online Bidding System website. For general questions, please call
the referenced Procurement Strategist noted on the cover page.
2. Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding the RFP with all prospective Consultants having an
equal opportunity to hear and participate. Oral questions will receive oral responses, neither
of which will be official, nor become part of the RFP. Only written responses to written
questions will be considered official, and will be included as part of the RFP as an
addendum.
All prospective Consultants are strongly encouraged to attend, as, this will usually be the
only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted
as "mandatory", prospective Consultants must be present in order to submit a proposal
response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of
the RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity,
conflict, discrepancy, omission or other error in the RFP, to immediately notify the
Procurement Strategist, noted herein, of such error in writing and request modification or
clarification of the document prior to submitting the proposal. The Procurement Strategist will
make modifications by issuing a written revision and will give written notice to all parties who
have received this RFP from the Purchasing Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Consultant in the
preparation of its proposal in response to this RFP, nor for the presentation of its proposal
and/or participation in any discussions, negotiations, or, if applicable, any protest
procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, Naples local time, on or before December
8, 2015 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
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Attn: Brenda Brilhart, Procurement Strategist
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Consultant's personnel or by the Consultant's outside carrier. However, the Procurement
Director, or designee, reserves the right to accept proposals received after the posted close
time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which
may include but not be limited to: late delivery by commercial carrier such as Fed Ex,
UPS or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Consultants must submit one (1) paper copy clearly labeled "Master," and one (1)
compact disks (CD's) with a copy of the proposal on a CD in Word, Excel or PDF.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Consultant makes their request in
writing to the County prior to the time set for the closing of Proposals. All proposals shall be
valid for a period of one hundred eighty (180) days from the submission date to
accommodate evaluation and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for
this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting
the Collier County Purchasing Policy.
If the County receives proposals from less than three (3) firms, the Procurement Director
shall review all the facts and determine if it is in the best interest of the County to solicit
additional proposals or request that th e Selection Committee rank order the received
proposals.
The County may, as it deems necessary, conduct discussions with qualified Consultants
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
Collier County will evaluate and select these Services in accordance with Florida Statute 287.055,
Consultants' Competitive Negotiation Act (CCNA).
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a selection committee to review all
proposals submitted.
2. The Request for Proposal is issued.
3. Subsequent to the receipt closing date for the proposals, the Procurement
professional will review the proposals received and verify each proposal to determine
if it minimally responds to the requirements of the published RFP.
4. Selection committee meetings will be open to the public and the Procurement
professional will publicly post prior notice of such meeting(s) in the lobby of the
Purchasing Building and on the County's Procurement Services Internet site.
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5. Prior to the first meeting (Organization Meeting) of the selection committee, the
Procurement professional will post a notice announcing the date, time and place of
the meeting at least three 3) working days prior t0 the meeting- At the initial
oer,ization meetinc the seieci.it7 membe7s wii receive
submit:et pr000sals. ant est.aa.bllsr the ne)7 seiectior, committee meeting ce e an:
time. After the first meeting; the Procurement professional will publically announce
all subsequent committee meeting dates and times. The subsequent meeting dates
and times will be posted with at least one (1) day advanced notice.
6. Selection committee members will independently review and score each proposal
based on the evaluation criteria stated in the request for proposal using the Individual
Selection Committee Score and Rank Form and prepare comments for discussion at
the next meeting. The Individual Selection Committee Score and Rank Form is
merely a tool to assist the selection committee member in their review of the
proposals.
7. At the scheduled selection meeting, the members will present their independent
findings / conclusions / comments based on their reading and interpretation of the
materials presented to each other, and may ask questions of one another. At the
conclusion of that discussion, members of the public will be offered an opportunity
(not to exceed three (3) minutes) to provide comments.
8. At the conclusion of public comments (provided for in number 7), the selection
committee members will individually rank order each proposer. Collier County
selection committee members may consider all the material submitted by the
Proposer and other information Collier County may obtain to determine whether the
Proposer is capable of and has a history of successfully completing projects of this
type, including, without limitation, additional information Collier County may request,
clarification of proposer information, public comments, and/or additional credit
information.
9. Once the individual ranking has been completed, the Procurement professional will
direct selection committee members to read their individual ranking publically. The
Procurement professional will record individual rankings on the Final Ranking Sheet
which will mathematically compile into an overall selection committee rank of
proposers.
10. In any of the selection committee meeting deliberations, by consensus, members
may request to invite proposers in to clarify their proposals, ask for additional
information, present materials, interview, ask questions, etc. The members may
consider any and all information obtained through this method in formulating their
individual ranking and subsequent selection committee overall ranking and final
ranking.
11. The selection committee's overall rank of firms in order of preference (from highest
beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the
Procurement Strategist. By final consensus, and having used all information
presented (proposal, presentation, references, etc.), the selection committee
members will create a final ranking and staff will subsequently enter into
negotiations. Award of the contract is dependent upon the successful and full
execution of a mutually agreed contract, pending the final approval by the Board of
County Commissioners.
The County reserves the right to withdraw this RFP at any time and for any reason, and
to issue such clarifications, modifications, addendums, and/or amendments as it may
deem appropriate, including, but not limited, to requesting supplemental proposal
information.
Receipt of a proposal by the County or a submission of a proposal to the County offers
no rights upon the Consultant nor obligates the County in any manner.
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Acceptance of the proposal does nol gua rantee issuance of any other governmentai
=ti}o i..:Er. .��,.1.. aE ��t k::' _,r>°....- M.. ✓tEE� .._ F a n:ii E T, Y_. i_...
10. References
The County reserves the right to contact any and all references submitted as a result of this
solicitation.
11. Proposal Selection Committee and Evaluation Factors
The County Manager or designee will appoint a Selection Committee to review all proposals
submitted. The factors to be considered in the evaluation of proposal responses are listed
below.
DESCRIPTION POINTS
Tab II, Business Plan & Project Approach 30
Tab Ill, Workload & Schedule 25
Tab IV, Experience & Capacity of firm 20
Tab V, Firm Profile &Assigned Staff 15
Tab V, References 10
TOTAL 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm
with the lowest paid dollars by Collier County to the Consultant (as obtained from the
County's financial system) within the last five (5) years will receive the higher individual
ranking. This information will be based on information provided by the Consultant, subject
to verification at the County's option. If there is a multiple firm tie in either individual scoring
or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the
firm with the next lowest volume of work shall receive the next highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any
or all proposals, to re-solicit for proposals, if desired, and upon recommendation and
justification by Collier County to accept the proposal which in the judgment of the County is
deemed the most advantageous for the public and Collier County.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of
any kind, may be cause for rejection. In the event of default of the successful Consultant, or
their refusal to enter into the Collier County contract, the County reserves the right to accept
the proposal of any other Consultant or to re-advertise using the same or revised
documentation, at its sole discretion.
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Exhibit III: Collier County Purchase Order Terms and Conditions
Offer nc invoices steer be issued no payments made
4n i { xl : «, deliver,' i ie °eic hl Cr:i .the.
vvitric,f noti _ nc: aoceote" n . _'.,. .?;- witn:r cnar7 E are item,__._ any discoun,_ VIII :?e
?ourteeri ('■4:) dad=, of issuan;e taker: or the tuli anloun', of invoice.
Al! shipments of goods scheduled on the same
_. Acceptance and Confirmation
day via the same route must be consolidated.
This Purchase Order (including all documents Each shipping container must be consecutively
attached to or referenced therein) constitutes the numbered and marked to show this Purchase
entire agreement between the parties, unless Order number. The container and Purchase
otherwise specifically noted by the COUNTY on the Order numbers must be indicated on bill of
face of this Purchase Order. Each delivery of lading. Packing slips must show Purchase
goods and/or services received by the COUNTY Order number and must be included on each
from VENDOR shall be deemed to be upon the package of less than container load (LCL)
terms and conditions contained in this Purchase shipments and/or with each car load of
Order. equipment. The COUNTY reserves the right to
refuse or return any shipment or equipment at
No additional terms may be added and Purchase VENDOR'S expense that is not marked with
Order may not be changed except by written Purchase Order numbers. VENDOR agrees to
instrument executed by the COUNTY. VENDOR is declare to the carrier the value of any shipment
deemed to be on notice that the COUNTY objects made under this Purchase Order and the full
to any additional or different terms and conditions invoice value of such shipment.
contained in any acknowledgment, invoice or other d) All invoices must contain the Purchase Order
communication from VENDOR, notwithstanding the number and any other specific information as
COUNTY'S acceptance or payment for any delivery identified on the Purchase Order. Discounts of
of goods and/or services, or any similar act by prompt payment will be computed from the date
VENDOR. of receipt of goods or from date of receipt of
invoices, whichever is later. Payment will be
3. Inspection made upon receipt of a proper invoice and in
All goods and/or services delivered hereunder shall compliance with Chapter 218, Fla. Stets.,
be received subject to the COUNTY'S inspection otherwise known as the "Local Government
and approval and payment therefore shall not Prompt Payment Act," and, pursuant to the
constitute acceptance. All payments are subject to Board of County Commissioners Purchasing
adjustment for shortage or rejection. All defective Policy.
or nonconforming goods will be returned pursuant
to VENDOR'S instruction at VENDOR'S expense. 5. Time Is Of the Essence
Time for delivery of goods or performance of
To the extent that a purchase order requires a services under this Purchase Order is of the
series of performances by VENDOR, the COUNTY essence. Failure of VENDOR to meet delivery
prospectively reserves the right to cancel the entire schedules or deliver within a reasonable time, as
remainder of the Purchase Order if goods and/or interpreted by the COUNTY in its sole judgment,
services provided early in the term of the Purchase shall entitle the COUNTY to seek all remedies
Order are non-conforming or otherwise rejected by available to it at law or in equity. VENDOR agrees
the COUNTY. to reimburse the COUNTY for any expenses
4. Shipping and Invoices incurred in enforcing its rights. VENDOR further
a) All goods are FOB destination and must be agrees that undiscovered delivery of
suitably packed and prepared to secure the nonconforming goods and/or services is not a
lowest transportation rates and to comply with waiver of the COUNTY'S right to insist upon further
all carrier regulations. Risk of loss of any compliance with all specifications.
goods sold hereunder shall transfer to the
COUNTY at the time and place of delivery;
provided that risk of loss prior to actual receipt 6. Changes
of the goods by the COUNTY nonetheless The COUNTY may at any time and by written
remain with VENDOR. notice make changes to drawings and
b) No charges will be paid by the COUNTY for specifications, shipping instructions, quantities and
packing, crating or cartage unless otherwise delivery schedules within the general scope of this
specifically stated in this Purchase Order. Purchase Order. Should any such change increase
Unless otherwise provided in Purchase Order, or decrease the cost of, or the time required for
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Deriiormanc_ c fhE, Purcrase Order an equitable \`El''C' lepresents ant warrants trial all goods
aO,l'Lai"f.. ins .1.._ ,.. oei: ', s...�eoule vcil _ __ JI;.._ O J';oe' t it !' ronass
^ r
o i~teaotiatec t 1_ :.CJ i ` afro V` N -c.F_, Drder are a! f mpiianoe witL r c"- :L;iir.r,able laws; o
Notwithstanding the foregoing \/ENDOR has an do not infringe any patent, trademark. copyright or
affirmative obligation to give notice if the changes trade secret: and c) do not constitute unfair
will decrease costs. Any claims for adjustment by competition.
VENDOR must be made within thirty (30) days from
the date the change is ordered or within such VENDOR shall indemnify and hold harmless the
additional period of time as may be agreed upon by COUNTY from and against any and all claims,
the parties. including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
7. Warranties arise from any claim, suit or proceeding alleging
VENDOR expressly warrants that the goods and/or that the COUNTY'S use of the goods and/or
services covered by this Purchase Order will services provided under this Purchase Order are
conform to the specifications, drawings, samples or inconsistent with VENDOR'S representations and
other descriptions furnished or specified by the warranties in section 11 (a).
COUNTY, and will be of satisfactory material and
quality production, free from defects and sufficient If any claim which arises from VENDOR'S breach
for the purpose intended. Goods shall be delivered of section 11 (a) has occurred, or is likely to occur,
free from any security interest or other lien, VENDOR may, at the COUNTY'S option, procure
encumbrance or claim of any third party. These for the COUNTY the right to continue using the
warranties shall survive inspection, acceptance, goods or services, or replace or modify the goods
passage of title and payment by the COUNTY. or services so that they become non-infringing,
(without any material degradation in performance,
8. Statutory Conformity quality, functionality or additional cost to the
Goods and services provided pursuant to this COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable laws, 12. Insurance Requirements
including but not limited to the Occupational Health The VENDOR, at its sole expense, shall provide
and Safety Act, the Federal Transportation Act and commercial insurance of such type and with such
the Fair Labor Standards Act, as well as any law or terms and limits as may be reasonably associated
regulation noted on the face of the Purchase Order. with the Purchase Order. Providing and
maintaining adequate insurance coverage is a
9. Advertising material obligation of the VENDOR. All insurance
No VENDOR providing goods and services to the policies shall be executed through insurers
COUNTY shall advertise the fact that it has authorized or eligible to write policies in the State of
contracted with the COUNTY for goods and/or Florida.
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or 13. Compliance with Laws
property without the prior written consent of the In fulfilling the terms of this Purchase Order,
COUNTY'S Purchasing Department. VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
10. Indemnification that are applicable to the conduct of its business.
VENDOR shall indemnify and hold harmless the By way of non-exhaustive example, this shall
COUNTY from any and all claims, including claims include the American with Disabilities Act and all
of negligence, costs and expenses, including but prohibitions against discrimination on the basis of
not limited to attorneys' fees, arising from, caused race, religion, sex creed, national origin, handicap,
by or related to the injury or death of any person marital status, or veterans' status. Further,
(including but not limited to employees and agents VENDOR acknowledges and without exception or
of VENDOR in the performance of their duties or stipulation shall be fully responsible for complying
otherwise), or damage to property (including with the provisions of the Immigration Reform and
property of the COUNTY or other persons), which Control Act of 1986 as located at 8 U.S.C. 1324, et
arise out of or are incident to the goods and/or seq. and regulations relating thereto, as either may
services to be provided hereunder. be amended. Failure by the awarded firm(s) to
comply with the laws referenced herein shall
11. Warranty of Non-Infringement constitute a breach of the award agreement and the
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County shall have the discretion to unilaterally this Purchase Order, provided that COUNTY has
! .; .,aic. e.,rreeme imnedretei e..;..,. :tlovidec. NDD : t!it ft: e S, c'ez an:
t!"1:::�nr m!", may ;DE- reoa ce: tFv_ _._ JW ',f77-ND-); r'-,E Ta!i5_ if it..! _ g ■_
as a material and substantial breach of the contr ac'•, receip. G SUC`. notica.
arising; from this Purchase Order.
1E.. General
14. Force Majeure a) This Purchase Order shall be governed by the
Neither the COUNTY nor VENDOR shall be laws of the State of Florida. The venue for any
responsible for any delay or failure in performance action brought to specifically enforce any of the
resulting from any cause beyond their control, terms and conditions of this Purchase Order
including, but without limitation to war, strikes, civil shall be the Twentieth Judicial Circuit in and for
disturbances and acts of nature. When VENDOR Collier County, Florida
has knowledge of any actual or potential force b) Failure of the COUNTY to act immediately in
majeure or other conditions which will delay or response to a breach of this Purchase Order by
threatens to delay timely performance of this VENDOR shall not constitute a waiver of
Purchase Order, VENDOR shall immediately give breach. Waiver of the COUNTY by any default
notice thereof, including all relevant information by VENDOR hereunder shall not be deemed a
with respects to what steps VENDOR is taking to waiver of any subsequent default by VENDOR.
complete delivery of the goods and/or services to c) All notices under this Purchase Order shall be
the COUNTY. sent to the respective addresses on the face
page by certified mail, return receipt requested,
15. Assignment by overnight courier service, or by personal
VENDOR may not assign this Purchase Order, nor delivery and will be deemed effective upon
any money due or to become due without the prior receipt. Postage, delivery and other charges
written consent of the COUNTY. Any assignment shall be paid by the sender. A party may
made without such consent shall be deemed void. change its address for notice by written notice
complying with the requirements of this section.
16. Taxes d) The Vendor agrees to reimbursement of any
Goods and services procured subject to this travel expenses that may be associated with
Purchase Order are exempt from Florida sales and this Purchase Order in accordance with Florida
use tax on real property, transient rental property Statute Chapter 112.061, Per Diem and Travel
rented, tangible personal purchased or rented, or Expenses for Public Officers, employees and
services purchased (Florida Statutes, Chapter 212), authorized persons.
and from federal excise tax. e) In the event of any conflict between or among
the terms of any Contract Documents related to
17. Annual Appropriations this Purchase Order, the terms of the Contract
The COUNTY'S performance and obligation to pay Documents shall take precedence over the
under this Purchase Order shall be contingent upon terms of the Purchase Order. To the extent
an annual appropriation of funds. any terms and /or conditions of this Purchase
Order duplicate or overlap the Terms and
18. Termination Conditions of the Contract Documents, the
This Purchase Order may be terminated at any provisions of the Terms and/or Conditions that
time by the COUNTY upon 30 days prior written are most favorable to the County and/or
notice to the VENDOR. This Purchase Order may provide the greatest protection to the County
be terminated immediately by the COUNTY for shall govern.
breach by VENDOR of the terms and conditions of
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Exhibit IV: Additional Terms and Conditions for RFP
ro:i ASE sr c on fr ` •= '.[:�'emeCie
The Consultant shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Consultant waive against each other and the County's separate Consultants,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance. The Consultant and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Consultant under this
solicitation and shall contain a severability of interests' provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The "Certificate
Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Consultant must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory
evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be
Consultant's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of
expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant
from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide
notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant
hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
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Should at any time the Consultant not maintain the insurance coverages) required herein, the County
may' {°.rninste the Agreement or a. its sole discretion shalt he authorizes tc Du,chase sucr, coverage(s':
and onar2e 521';',"
_. o_ Jerage(s J'f ��. ec '!ta re '`:J f= Ccu'
. o ✓ nas to l�'Cii. to ,of s `:e
for :1 'u ��Elrhi `kf,E� '��I''/ days afi°` rJ`,etiiaa:.. toe ..,:� i:`r ,. ...;�.�
any amount due Consultant under this Agreement or any other agreement between the County ant.
Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be
responsi'bie for the coverage(s) purchased or the insurance company or companies used. The decision
of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of
any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the
Consultant to provide the County with such renewal certificate(s) shall be considered justification for the
County to terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful Consultant extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful Consultant.
3. Additional Items and/or Services
Additional items and/or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site
during and after each work assignment the Consultant is performing.
5. Vendor Performance Evaluation
The County has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts/agreements, approved by the Board of County
Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to
include in any contract document such terms and conditions, as it deems necessary for the proper
protection of the rights of Collier County. A sample copy of this contract is available upon request. The
County will not be obligated to sign any contracts, maintenance and/or service agreements or other
documents provided by the Consultant. The County's project manager, shall coordinate with the
Consultant the return of any surplus assets, including materials, supplies, and equipment associated with
the scope or work.
7. Public Records Compliance
The Consultant agrees to comply with the Florida Public Records Law Chapter 119 (including specifically
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those contractual requirements at F.S. § 11 9.0701(2) (a)-(d) and (3)), ordinances. codes. rules,
regulations and requirements of any governmental agencies.
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 21E.
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk cnr collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or services as
part of this agreement.
Payment methods include:
• Traditional— payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by
standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules
for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of using
the County's credit card for transactions relating to this solicitation. The County will entertain bids
clearly stating pricing for standard payment methods. An additional separate discounted price for
traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional
Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within the
fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices
submitted after the close of the fiscal year will not be accepted (or processed for payment) unless
specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and
approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these
debts, the County reserves the right to off-set the amount owed to the County by applying the amount
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
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invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
, ,ea` Eer 21E iorice Statutee otherwise- know .._ the "Loca C4ove'`ni is enT Promo P omen.
Ilan,: ,= �c'jc_ a- ._�... �.v,r _
Environmental Health and Safety
All Consultants and Sub Consultants performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub
Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that
may cause injury or damage to any persons or property within and around the work site. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This
provision is non-negotiable by any department and/or Consultant.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be
labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.
10. Licenses
The Consultant is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure on
the part of any Consultant to submit the required documentation may be grounds to deem
Consultant non-responsive. A Consultant, with an office within Collier County is also required to have
an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license/registration will need to be renewed thereafter to remain "active" in Collier County
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477.
11. Survivability
The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the
expiration date of Solicitation 15-6530 resultant of this solicitation will survive and remain subject to the
terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase
Order.
12. Principals/Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the only person or
persons interested in this Proposal as principal or principals is/are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
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this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
o 7.ounty-
It is the intent of the parties hereto that the Consultant shall be legally considered an independent
Consultant, and that neither the Consultant nor their employees shall. under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Consultant, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation.
14. Termination
Should the Consultant be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non-performance.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference to
this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this
provision may serve as grounds for disqualification for award of this contract to the firm.
16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a
certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the
document may be submitted with the solicitation response and the document number shall be identified.
Firms who do not provide the certificate of authority at the time of response shall be required to provide
same within five (5) days upon notification of selection for award. If the firm cannot provide the document
within the referenced timeframe, the County reserves the right to award to another firm.
17. Single Proposal
Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration.
18. Protest Procedures
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation
(including the form of the solicitation documents or procedures) shall file their protest with the
Procurement Director prior to the time of the bid opening strictly in accordance with the County's then
current purchasing ordinance and policies.
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The Board of County Commissioners will make award of contract in public session. Award
recomI`"?_noa,.iona wil' u- posted outsio_ the Off ice... of the !-'i.i"cn2Slny Department on \IVednesca\', and
-I. rSOFVE. �.. �� .rospec i€ ��� .J'"`.'�':, o•Inc oesi I...,.Iall\ .es the .� .�� itev
1 y - r- fa- a notice Irit...: �.- _ i ✓r`.c i re ' her
AG'`a i ,. ���_t�S. Vi't, toe ,ire t tC'�, lJL 11�� Vr to il� 1.Jt
calendar day e ciudinc vveeKe .oa ant Count, holida ys e the tate that the recommended aware is
posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the "Protest
Policy" is available at the office of the Procurement Director.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted Consultant list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months following the date of being placed on the convicted Consultant list.
20. Security and Background Checks
If required, Consultant shall be responsible for the costs of providing background checks by the Collier
County Facilities Management Department, and drug testing for all employees that shall provide services
to the County under this Agreement. This may include, but not be limited to, checking federal, state and
local law enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least four (4) years.
21. Conflict of Interest
Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review and
does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify
and or preclude conflict of interest situations during contract selection and execution.
22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
23. Immigration Law Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States. The Employment Eligibility
RFP 15-6530 Immokalee Fitness Ctr Remodel
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Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership
with the Social Security Administration (SSA), provides an Internet-based means of verifying
ernpovr:rni eiias`nili` n v‘'Ox i'e"z this _i^ . States i_ a substitute any trC e
mb 1cJmei
uaibiIi ,.moat. et.Th n ern enIE-. The ogres- v il, b use, Jkil "L n, • ii_v it i
i i B aiIC Reques. io" Pro csai (F:F. I ciudinc professions. services ant construction er/ as
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Consultants are required to enroll in the E-Verify program, and provide acceptable evidence of their
enrollment, at the time of the submission of the Consultant's proposal. Acceptable evidence consists of
a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify
Memorandum of Understanding for the company. Consultants are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify
Program. The affidavit is attached to the solicitation documents. If the Consultant does not comply
with providing the acceptable E-Verify evidence and the executed affidavit the bidder's /
Consultant's proposal may be deemed non-responsive.
Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above. For additional information
regarding the Employment Eligibility Verification System (E-Verify) program visit the following website:
http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all
rules and regulations governing this program.
Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be
fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
RFP 15-6530 Immokalee Fitness Ctr Remodel
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urn _rt
o rio C,w P^L[L4.`y
:Attachment 1: Consultant's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page,
or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
We are not responding to CCNA Solicitation Professional Design Services for Immokalee Fitness
Center Remodel for the following reason(s):
❑ Services requested not available through our company.
(� Our firm could not meet specifications/scope of work.
(� Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
I I Project is too small.
❑ Insufficient time allowed for preparation of response.
n Incorrect address used. Please correct mailing address:
Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
REP 15-6530 Immokalee Fitness Ctr Remodel
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:Attachment 2: Consultant Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and
return with your Proposal.
Consultant should check off each of the following items as the necessary action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the requirements
of the project.
n Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Brenda Brilhart, Procurement Strategist
Solicitation: Professional Design Services for Immokalee Fitness Center Remodel
The mailing envelope must be sealed and marked with Proposal Number, Title and Due Date.
- The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
- If submitting a manual bid, include any addenda (initialed and dated noting understanding
and receipt). If submitting bid electronically, bidder will need to download all related
documents on www.colliergov.net/bid. The system will date and time stamp when the
addendum files were downloaded.
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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o tie7- Cov tt y
Attachment 3: Conflict of interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract
and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this day of , 2015,
by , who is personally known to me to be the
for the Firm, OR who produced the following identification
•
Notary Public
My Commission Expires
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Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel
Dear Commissioners:
The undersigned, as Consultant declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud.
The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Consultant states that the proposal is based upon the
proposal documents listed by the above referenced CCNA Solicitation.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
2015 in the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document
Number
Federal Tax
Identification Number
CCR # or CAGE
Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
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Additional Contact information
Send !layments to`
(require° ir dificeren 'M•r"
above
TIE-117r1.
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from
above)
Contact name:
Title:
Address:
City, State,ZIP
Telephone:
Email:
RFP 15-6530 Immokalee Fitness Ctr Remodel
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Attachment 5: immigration Affidavit Certification
CCNA Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Consultants are required to
enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the
Consultant's proposal as non-responsive.
Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act("INA").
Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding
with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated
by the Department of Homeland Security in partnership with the Social Security Administration at the time of
submission of the Consultant's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of , 2015, by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Attachment 6: Consultant Substitute Sri'—
Request for Taxpayer identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor Corporation Partnership
_Tax Exempt (Federal income tax-exempt entity Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
(D=Disregarded Entity, C= Corporation. P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Consultants who do not have a TIN, will be required to provide a social security number prior to an award).
4. Sign and Date Form: Certification: Under penalties of perjury. I certify that the information shown on this form is correct to
my knowledge.
Signature Date
Title Phone Number
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cea 1i3T` C Rai t°L
Attachment 7: Insurance and Bonding Requirements
insurance/Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $100,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. Qj Indemnification To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement.
4. ® Automobile Liability $ 1,000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. El Other insurance as ❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
® Professional Liability $1,000,000 per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
RFP 15-6530 Immokalee Fitness Ctr Remodel
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6. 0 Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made oayable to the Collier County Board of County
orrmissiorerr a bans: o" 1r_;s.. company icdatec it Szate _ ..
insured by the redeera', deposit Insurance Corporation
. Performance ands For projects in excess of $200,000, bonds snail be submitted witn the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer rec eiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as"A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Consultant shall provide County with certificates of insurance
meeting the required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR,
Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County.
The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County.
i 1. ® Thirty (30) Days Cancellation Notice required.
Consultant's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm Date
Consultant
Signature
Print Name
Insurance Agency
Agent Name Telephone Number
RFP 15-6530 Immokalee Fitness Ctr Remodel
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ier County
umin!strati'e Se s aeaa,me-,:
Solicitation: RFP 15-6530 - Professional Design Services for immokalee Fitness -enter Remodel
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used in
the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a
client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of
your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual
again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not
have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0."
Project Description: Completion Date:
Project Budget: Project Number of Days:
Item Citeria Score
1 Ability to manage the project costs (minimize change orders to scope).
2 Ability to maintain project schedule (complete on-time or early).
3 Quality of work.
4 Quality of consultative advice provided on the project.
5 Professionalism and ability to manage personnel.
6 Project administration (completed documents, final product turnover; invoices:
manuals or going forward documentation, etc.)
7 Ability to verbally communicate and document information timely, clearly and
succinctly.
8 Abiltity to manage risks and unexpected project circumstances.
9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.
10 Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to: By
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EXHIBIT A —
Housing Urban Development (HUD) Supplemental Conditions
n , ._,.- t (c' c ....,E, .
Suppienmental Conditions Shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the
subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. The recipient shall document in each invoice
submittal the subcontractor's progress in performing its work under this agreement. For each subcontract,the
Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as
defined in Section 288.703,Fla. Stat.
Check Box(If Applicable)
1. Termination (Cause and Convenience)
2. Access to Records
3. Retention of Records
4. Remedies
5. Environmental Compliance(Clean Air Act and Clean Water Act)
6. Energy Efficiency
7. Equal Opportunity Provisions
❑ 8. Section 3
❑ 9. Conflict of Interest
10. Utilization of Minority and Women's Businesses
11. Federal Labor Standards Provisions (Davis Bacon, Copeland, and Contract Work Hours Act)
❑ 12. Guidance to Contractor for Compliance With Labor Standard Provisions
13. Lobbying Prohibition
14. Debarment
15. Historic Preservation
16. Record Keeping and Documentation
17. Grantee Recognition (Advertisement)
18. Copyright and Patent Rights
❑ 19. Religious Organizations
11/13/14 Revision 3
1
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EXHIBIT A—
Ho skirt Urban Deyve'opr ent (HUD,) Supplemental Conditions
_. TERleiiNiAT'iCst FOR Ca U SE L,Nf Cif; _ O rt�NIEf\CL
.nis arm:ao ma oc terminate.. lr \,qtr.`_ Or Da.. .,: eit;ie- tea' 1r. trtt _vas _- ub Lc:IT:is
failure by the other part'. to fulfill its obligations under this contract through no fault of the terminating parr,
provided that no termination may be effected unless the other party is given:
(1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of
intent to terminate; and
(2) an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its convenience,
provided that the other party is afforded the same notice and consultation opportunity specified in 1(a) above.
C. If termination for default is effected by the local government, an equitable adjustment in the price for this
contract shall be made,but
(1) no amount shall be allowed for anticipated profit on unperformed services or other work,and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs
to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall include a
reasonable profit for services or other work performed for which profit has not already been included in an
invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services
rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination
settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers,
subcontractors)which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make
available to the local government all data, drawings, reports specifications, summaries and other such
information, as may have been accumulated by the contractor in performing this contract, whether completed or in
process. The work and may award another party a contract to complete the work described in this contract.
E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the
contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the
convenience of the local government In such event, adjustment of the contract price shall be made as provided
in paragraph(c) above.
2. ACCESS TO RECORDS
The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and
Urban Development, the Comptroller General of the United States, and any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the contractor which are
directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions.
3. RETENTION OF RECORDS
The contractor shall retain all records relating to this contract for six years after the local government makes
final payment and all other pending matters are closed.
4. REMEDIES
Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in
10/1/2012-(2)
2
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EXHIBIT A—
Housing Urban Development (HUD) Supplemental Conditions
1; .� IZmen ane the _ontraetor. arising out 1' nr rAlat ng t0 t1l�S _ntmc.. �; the
710 r
5. ENVIRONMENTAL COMPLIANCE
Ifth i s contract exceeds $100.000.the contractor shall comply with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part
15). The contractor shall include this clause in any subcontracts over$100,000.
6. ENERGY EFFICIENCY
The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act(Public Law 94-163).
7. EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246. as Amended
(Applicable to Federally assisted construction contracts and related subcontracts $10.000 and under.)
During the performance of this contract, the Contractor agrees as follows:
(1) 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 ensure 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 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.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for employment,
notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause.
The Contractor shall state that all qualified applicants be considered without regard to race, color, religion,
sex or national origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Executive Order 11246 (contracts/subcontracts above $10.000)
(1) Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as fol lows:
(a) 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 a conspicuous place, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified to race, color,religion, sex, or national origin.
(c) 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 by the Contract
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e. aC `r _« lab^
u ic:P_' this se__ion. and shah hos ..._ ...u... ? .,..":. a lace ...
:1101 acG crilhioymenl.
(d) The Contractor will comply with all provisions of Executive Order 11246 of September 24. 196;, and of
the Rules, Regulations, and Relevant Orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books,records, and accounts by the Department and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and other.
(f) 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, 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.
(g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the
provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Department may
direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that
in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the Department, the Contractor may request the United States
to enter into such States.
(2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.)
(a) The Offerer'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.
(b) The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Female participation:6.9%(statewide)
Minority participation(See Appendix Minority Participation Goals for goals for each county)
These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted)
performed in the covered area. If the Contractor performs construction work in a geographic area located
outside of the covered area, it shall apply the goals established for such geographic area where the work is
actually performed. With regard to this second area, the Contractor also is subject to the goals for both its
Federally involved and non-Federally involved construction.
The Contractor's compliance with 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 or the
geographic area where the contract resulting from his solicitation is to be performed. The hours of minority
and female employment or training must be substantially uniform throughout the length of the contract and
in each trade 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
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Contractor or from pu Ft_. _' 7)rol__ for `ht sr : r of meP ins the Contractor's coals shall v.°
it
(c) 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.
(d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county
in which the contract work is being undertaken.
(3) Standard Federal Equal Employment Opportunity Construction Contract Specifications
(Executive Order 11246).
(a)As used in these specifications:
1. "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
2. "Director" means Director, Office of Federal Contract Compliance Programs,United States Department of
Labor, or any person to whom the Director delegates authority;
3. "Employer identification number" means the Federal Social Security number used on the Employer's
quarterly Federal Tax Return, U.S. Treasury Department Form 941.
4. "Minority"includes:
(I) Black (all persons having origins in any of the Black African racial groups);
(TT) Asian and Pacific Islander(all persons having origins in any o f the Far East,
Southeast Asia, the Indian Subcontinent, or the Pacific Island);and
(III) 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).
(4) 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.
(5) 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 i n 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 toward a goal in an
approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to
achieve the Plan goals and timetables.
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shah ;mpien e. specific- _...rmat , , .._iio.. cna_!1at 6t ciwr t,- /(l
tli3Ln t -., these specifications.. En goals ,,., ford', ,.. the solicitation Iron, which this .;3111,us1
re:stil led are expressed as percentages of the tota: hours or emtployment and traininc 0! manorIt" and Temaie
utilization the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area, Covered construction contractors performing contracts in geographical areas
where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female
goals established for the geographic area where the contract is being performed. Goals are published periodically
in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to
make substantially uniform progress in meeting its goals in each craft during the period specified.
(7) 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 11246, or the regulations
promulgated pursuant thereto.
(8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals,
such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor
must have made 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 pursuant to training programs
approved by the U. S. Department of Labor.
(9) The Contractor shall take s p e c i f i c a f f i r m a t i v e 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 extensively 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 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 minority or female
individuals working at such sites 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 organization's
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, or
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, or 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.
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Df-cicrp trainins onnortunities and/or participate in training nroglan-ff. far a ear
ric.0 Ge mn,u,Tti _ __. �sg np e ntLeshi
Tija r u,.. Lc rat-L:. _ _. . .,,_,.. l .. __- ara;n .ui. a_ u:i .
the Department of Labor. The C ontracto; soak proviac notice of these programs to the sources compileC
under 7b 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 on-site 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.
(i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to
schools with 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 work force.
(k) Validate all tests and other selection requirements Where there is an obligation to do so under 41 CFR 60-3.
(l) 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 nonsegregated 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 of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor
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(p} `oricluc a review. at least annual!'. cy. all supervisors adrlerence :i anc. performance unuer trft:
Contractor's EEO policies arid affirmative action obligations.
(10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations (9) (a) through (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 (9) (a) through (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 shall not be a defense for the Contractor's noncompliance.
(11) A single goal for minorities and 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).
(12) 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.
(13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order
11246.
(14) The Contractor shall carry out sections 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.
(15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific
affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these
specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If
the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or
these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8.
(1 6) The contractor s h a l l 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 where 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 location at
which the work was performed. Records shall be maintained in an easily understandable and retrievable form;
however, to the degree that existing records satisfy this requirement, contractors shall not be required to
maintain separate records.
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sLa' a _(:)iiinliaila.- and LIB>_: ht annUdalion ,°Q .._ii,_„_ _:Th i,..
or other area residents (e.g.. those under the t`ublia dVorir ,mployment AcI ofl 977 and the Community
Development Block Grant Program).
C. Certification of Non-Segregated Facilities(over$10.000)
By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not
maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she
does not permit employees to perform their services at any location, under his/her control, where segregated
facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any
segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their
services at any location under his/her control where segregated facilities are maintained. The bidder, offeror,
applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity
Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms,
work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and
housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or
otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed
subcontractors prior to the award of subcontractors have submitted identical certifications for specific time
periods).
D. Civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
E. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the grounds of race,color,national original.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 made available under this title.
F. Section 503 Handicapped(Contracts$2,500 or Over)
(1) The Contractor will not discriminate against any employee or applicant for employment because of physical
or mental handicap 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 handicapped individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation. and selection for training,
including apprenticeship.
(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 noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
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�, �., � ;,:.__ _. _ ci._,, _ __ an_ :- . _
cm ... • the D, _ct07 Dr:7}'-'10t2(71 07 _11701,2r_ tn. _ _?t.ua
office?, Such notices shah state the 0n.racLo?. s ooiieas,o.1 uncith the. is\%, ti take. affirmative action s empio
and advance in employment qualified handicapped employees and applicants for employment_ and the rights
of applicants and employees.
(5) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of
the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
(6) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500
or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503
of 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 Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions,including action for noncompliance.
G. Age Discrimination Act of 1975
No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance.
S. SECTION 3—COMPLIANCE IN THE PROVIISION OF TRAINING
Employment and Business Opportunities
(1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and
Urban Development Act of l 968, as amended, 12
U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
(2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement
section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the Part 135
regulations.
(3) The contractor agrees to send to each labor organization or representative of workers with which the
contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe the section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications for each
of the positions; and the anticipated date the work shall begin.
(4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of
the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
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,_.t..acto that any vacant orniployiTHint positions. incl'udi training, positions. that rt
Lr_ pant :. _ ..a'i _ PF r ....1...,....i 57` '-_'-
filled to circumvent the contractor's obligations under 24 CFR part 135.
(6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this
contract for default, and debarment or suspension from future HUD assisted contracts.
(7) With respect to work performed in connection with section 3 covered Indian housing assistance, section
7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the
work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to Indians, and (ii) preference
in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).
9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION,
MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS
No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and
no other public official of the locality who exercises any function or responsibility with respect to this
contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor
shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict
of interest.
10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE)
The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible
as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to
utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors,
as applicable. Information regarding certified M/WBE firms can be obtained from:
• Florida Department of Management Services. Office of Supplier Diversity,.
• Florida Department of Transportation(construction services,particularly highway),
• Minority Business Development Center in most major cities, and
• Local government M/WBE programs in many large counties and cities.
A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program.
11. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract
Works Hours & Safety Standards Act)
The Project to which the construction work covered by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
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those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof. regardless Or any contractua: relationship which may be alleged to exist between the contractor and such
Lat o :u _ o.__ . _0L_ _rnlir. ._ .. rta.SOTILLb antioipatesi :Fcr h na fide frinz,s. _en_lli: .nsae"
_._...,. j':-: Da•'Is _r a:. .c_ or ...,,«. _ . .,wJ _,_ mechanics) c.?.' luered aaages paid -cc,
Laborers or mecnanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv): also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly under plans. funds. or programs,
which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly
period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein; provided, that the
employer's payroll records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed under 29 CFR Part
5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall approve
an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination:and
(2) The classification is utilized in the area by the construction industry;and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree wage (including r a agl on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its
designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S.
Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is
necessary. (Approved by the Office of Management and Budget under OMB control number l 215-0140.)
(iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the
amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the
additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number
215-0140.)
(iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(ii) or
(iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract
from the first day on which work is performed in the classification.
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(c) Whenever the minimum wage rare prescribed in the contract for a class of laborers or mechanics includes a
cr . 'r'. ._ ?i_. a r raiL ..._. t.;_.rY shall _.the t_.__ [le.ne i d; ssa?e
z. Few ,. 11r 1 11OU :LE!: a 1.. _ .:.,
d) if the contractor does not male payments to a trustee of other third person. the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonable
anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of
Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0140.)
(2) Withholding. 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 the contractor under this
contract or any other federal contract with the same prime contractor, or any other Federally-assisted
contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor
so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount
of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor,
applicant, or owners, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written
notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to
the respective employees to whom they are due. The Comptroller General shall make such disbursements in
the case of direct Davis-Bacon Act contracts.
(3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records shall contain
the name, address, and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalents thereof of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017).
(b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy
of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a
party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for
transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the
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A—
Housina Urban Development (HUM Supplemental Conditions
. 01 01471Mifi..a Lind_ C 5.5(ar )(T
,uprnia__ 1. 00 1051 Ci Srea, r)50 Don , �,� - 1. 5 , .il;a)l_ (50 tn1 purpost ancd May )'v
purchased Trans the Superintenc'en. . . Document: (003050 Stocl; Number 02 -0(_ i)0(LiL-
Government Printing Office. Washington. DC 20402. The prime contractor- is responsible for the submission
of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under
OMB Control Number 1215-0149).
(ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29
CFR Part 5.5 (a)(3)(I)and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned,without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly
fi-om the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the contract.
(iii) The weekly submission of a properly executed certification set forth on the reverse side of Option
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by
paragraph A(3)(b)(ii)of this section.
(iv) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this
section available for inspection, copying, or transcription by authorized representatives of HUD or
its designee or the Department of Labor, and shall permit such representatives to interview employees
during working hours on the job. If the contractor or subcontractor fails to submit the required records or
to make them available, HUD or its designee may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request to make such records available may be grounds for debarment action pursuant to 29 CFR Part
5.12.
(4) (a) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been certified by
the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
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pe-:mitItc. 02-71Iral:',137 V.'07!1 f`Y:Ct once program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall he paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program, shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's'registered program shall be observed. Every apprentice must be paid at not
less than the rate specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered
in a program which has received prior approval, evidenced by formal certification by the U. S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for
the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. in the event
the Employment and Training Administration withdraws approval of a training program the contract will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,
as amended,and 29 CFR Part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29
CFR Part 3 which are incorporated by reference in this contract.
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he contractor 07 cubC,.nilacror Sri,' ins subcontract:: lh_ ciause.t containef
r; .. ..i I '.ol "..a :; ()diet cla..se_ _. jesiarite -'?n ,c . Instr,.,_..l,.,,..
require, and also c clause requirin; tie subcontractors tc inctuo_' these Clauses ;r! a;i. Io\w'e' Tier subcontracts.
The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR Part 5.5.
(7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its
designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of
Eligibility. By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD
contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C.
1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C.. "Federal Housing Administration
transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of
such
Administration ... makes, utters or publishes any statement, knowing the same to be false shall be
fined not more than $5,000 or imprisoned not more than two years,or both."
(11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or
other labor standards provisions of this contract are applicable shall be discharged or in any other manner
discriminated against by the contractor or any subcontractor because such employee has filed any complaint or
instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under
or relating to the labor standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and
"mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be
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..., h: un7)aid wages. ii addhjois. CrOnt..! °tar u.1_ Su >ihjracto Snal be lia?t., lc the J1i ed ``states
CL:r, ,3, LITri ct."' lui
Or IC, SU ti± r 1 0" 'd i u a t e C cam:g ... liqUiCiattt cafTiages. sha.. _ 01717 :. C cac,L
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in
subparagraph (l l of this paragraph. in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph(1) of this paragraph.
(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
(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 (formerly part 1518) 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 State
96).
(3) The contractor shall include the provisions of this Article in every subcontract so that such provisions
will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing
such provisions.
12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS
A. Contracts with Two Wage Decisions
If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must
submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker
twice and the hours worked under each wage decision. One single payroll, reflecting each worker once,
may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job
classification. However, where a job classification is not listed in a wage decision and is needed for that portion
of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a
classification using the hourly rate for that same classification in another wage decision. After the additional
classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if
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E. ornpl v in_witrl k'iinimun hourly Amounts
(l ) The minimum hourl amount due to a worker in each classification is the total of the amounts in the
"Rates" and "Fringe Benefits" (if am-) columns of the applicable wage decision.
(2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide
fringe benefits, regardless of the individual amounts reflected in the "Rates"and "Fringe Benefits" columns.
(3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the
minimum hourly amount due under the applicable wage decision. For example, contractor payments for
FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health
insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a) it is available to
most workers and (b) involves payments to a third party.
(4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost
(excluding any amount contributed by the worker)for the fringe benefit by 2080. Therefore, for workers with
overtime, an additional payment may be required to meet the minimum hourly wages since generally
fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the
minimum rates required by the wage decision, this should not be a problem. As long as the total wages
received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage
decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.)
C. Overtime
For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate
received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish
minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime
requirement and uses "basic rate of pay" as the base for calculation, not the minimum rates established by the
Davis-Bacon and related acts.)
D. Deductions
Workers who have deductions, not required by law, from their pay must authorize these deductions in writing.
The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar
amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the
deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease,
no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be
identified by the responsible payroll person in a separate document. This document should identify the worker,
the amount deducted and the purpose. A copy of the court order should be submitted.
E. Classifications Not Included in the Waae Decision
If a classification not in the wage decision is required, please advise the owner's representative in
writing and identify the job classification(s) required. In some instances, the State agency may
allow the use of a similar classification in the wave decision. Otherwise, the contractor and affected workers
must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision.
Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for
this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the
lowest rate for any power equipment operator in the wage decision. The ownerwill provide forms to document
agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL)
must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL
makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution
to the affected worker(s) for all hours worked under the proposed rate.
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Suocr`'isor\'9csounc|
7o-":-;n'2r Sapc' 'so- rcrs::1n:t: `TH f( c' zc��r ��rnt -:-.;:f��
-Ba iIcizei Toerefoi-L s ��;_-1 dc:isioa, orsaa
classifications and wages are not subject to any minimums uncier the Davis-Bacon and Related Act or
overtime payments under the Contract Work Hours and Safety Standards Act, However. foremen and other
supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered
workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage
decision for the appropriate classification(s)based on the work performed.
G. Sole Proprietorships/Independent Contractors/ Leased Workers
The nature of the relationship between a prime contractor and a worker does not affect the requirement to
comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is
based on the nature of the work performed.
If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in
this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work
himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His
status as "owner"is irrelevant for labor standards purposes.
If a worker meets the IRS standards for being an independent contractor, and is employed as such,
this means that the worker must submit a separate pu}ro}l as a subcontractor rather than be included on
some other payroll. The worker is still subject to the labor standards provisions in this contract, including
minimum wages and overtime.
If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this
contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must
reflect information required to determine compliance with the labor standards provisions of this contract,
including a classification for each worker based on the nature of the work performed, number of regular hours
worked, and number of overtime hours worked.
R. AoorcntiocsDfc|oerx
A worker may be classified as an apprentice only if participating in a federal or state program.
Documentation of participation must be submitted. Generally, the apprentice program specifies that the
apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the
hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage
dcdxinn.
lfdho worker does not participate in a federal or state apprentice program, then the worker must be classified
according to duties performed. This procedure may require classification in the `^trudc" depending on tools used,
or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage
and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate
classification.
Presently, no worker may be classified as a "helper" As with apprentices not participating in a formal
apprentice program, the worker must be classified according to duties performed and tools used.
13' LOBBY PROHIBITION(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
b) The Recipient i� h it signature to this Agreement, that to the best of his or her
state agency. ( ' o certifies, by its s ,
knowledge and belief;
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� !C . ede'a appropriated funds have been r1a ∎ .. LT1. paid. (Th rena the Recipient. _.
.LI eri
..7)�,
� ei1_- 21-11D f:
oneiorn_ an officer or eirip!ove. _ CongresL Gr a: CITIP IOy . a M en ne: 1_:ingress connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loar:,
the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment or
modification of any Federal contract_ gram, loan or cooperative agreement.
2. If any 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 Recipient shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying."
1. The Recipient shall require that this certification be included in the award documents for all subawards
(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose. 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.
14. DEBARMENT
Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants,
businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the
grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in the covered transaction or in any proposal submitted in connection with the
covered transaction. Verification will be checked through the excluded parties system list at
www.sam.gov.
15. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements
of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabi Iitating Historic Buildings and with all other environmental regulatory requirements. D. Historic
Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800,
Advisory Council on Historic reservation Procedures for Protection of Historical Properties.
16. RECORD KEEPING AND DOCUMENTATION
The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from
funds under this Agreement, shall allow access to its records at reasonable times to the
Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of
8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained
by the Department.
1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys, information,
documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for
the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request
by the County or HUD. Upon completion of all work contemplated under this agreement copies of all documents
and records relating to this agreement shall be surrendered to the County if requested. In any event the sub-
recipient shall keep all documents for six (6) years after the expiration of this agreement.
17. GRANTEE RECOGNITION
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u_chased rf constructed ursuant to his ae eemert shall be clew', identified as to the d n
-1,27.1.`t. moini _emoo fir. _,o?str'uctir' slar .c ji :funded L :lousily-
li Jo hia nl __?imunit `_I_usi _:i;;0
disseminate key information regarding the development team as Well as Equal Housing Opportunity to the general
public. The Construction sign shall comply with applicable Countyr codes.
18. RIGHT AND PATENT RIGHTS
No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an
application for copyright by or on behalf of the contractor. The US Department of Housing and Urban
Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may
arise as a result of the contractor's services.
19. RELIGIOUS OGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section 24
CFR 570.200(j)specifies the limitations on CDBG funds.
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A.ppenciI
lrar ,Lterr -ms,r z . '
These are the goals, by county, for meeting the minority participation portion of Section % B(2')(h) of the
CDBG Supplemental Conditions. These are contractor workforce goals. not goals for subcontracting to minority
and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement
which the contractor must document compliance with.
Tampa-St.Petersburg Area Percentage Orlando-Daytona Beach Area Percentage
Hillsborough,Pinellas,Pasco 17.9
Volusia 15.7
Charlotte,Citrus,Collier, 17.1
DeSoto,Hardee,Hernando, (all seven) Brevard 10.7
&Highlands
Orange,Osceola, Seminole 15.5
Lee 15.3
Flagler,Lake, Sumter 14.9
Manatee 15.9
Miami -Fort Lauderdale Area
Polk 18.0 Dade 39.5
Sarasota 10.5 Broward 15.5
Tallahassee Area Palm Beach 22.4
Leon,Wakulla 24.3
Glades,Hendry,Indian River 30.4
Calhoun,Franklin,Gadsden, 29.5 Martin,Monroe, (all seven)
Jackson,Jefferson,Liberty, (all eight) &Okeechobee, & St. Lucie
Madison,&Taylor
Pensacola-Panama City Area
Bay 14.1
Escambia, Santa Rosa 18.3
Gulf,Holmes,Okaloosa, 15.4
Walton.&Washington (all five)
Jacksonville Area
Alachua 20.6
Baker,Clay,Duval. 21.8
Nassau. & St. Johns (all five)
Bradford,Columbia,Dixie, 22.2
Gilchrist,Hamilton,Lafayette (all 11)
Levy, Marion, Putnam, Suwannee,&Union
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;`t.2.1. at Fec°r ctute: cccG F „ .L grit:
1-i1, signature o:-this s greemen`_ the contracio: nereu:, certifits tnai i; will comply with the ibilov,'iiig(as
applicable) federal and state requirements:
1. Community Development Block Grant Disaster 32. 1962,40 U.S.C. s. 327 et. seq.;
2. Recovery Emergency Rule 9BER09-2; The Solid 33. The Wildlife Coordination Act of 1958, as amended;
Waste Disposal Act,as amended by the Resource Noise Abatement and Control: Departmental Policy
Conservation and Recovery Act of 1975 (42 U.S.C.,s. Implementation,Responsibilities, and Standards, 24
6901 et.seq.); C.F.R.Part 51, Subpart B;
3. Florida Small and Minority Business Act, s. 34. Flood Disaster Protection Act of 1973,P.L 92-234;
288.702-288.714,F.S.; 35. Protection of Historic and Cultural Properties under
4. Florida Coastal Zone Protection Act, s. 161.52- HUD Programs, 24 C.F.R. Part 59;
161.58, F.S.; 36. Coastal Zone Management Act of 1972, P.L
5. Local Government Comprehensive Planning and ;
37. Ar
Land Development Regulation Act, Ch. 163,F.S.; 37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968,42 U.S.C. 4151;
6. Title I of the Housing and Community Development
7. Act of 1974, as amended 39. Executive Order 11296, relating to evaluation of
flood hazards;
8. Treasury Circular 1075 regarding drawdown of 40. Executive Order 11288. relating to prevention,
CDBG funds. control and abatement of water pollution;
9. Sections 290.0401-290.049,F.S.; 41. Cost-Effective Energy Conservation Standards, 24
10. Rule Chapter 9B-43, Fla. Admin. Code.; 10. C.P.R.Part 39;
Department of Community Affairs Technical 42. Section 8 Existing Housing Quality Standards, 24
Memorandums; C.F.R.Part 882;
11. HUD Circular Memorandums applicable to the Small 43. Coastal Barrier Resource Act of 1982;
Cities CDBG Program; 44. Federal Fair Labor Standards Act, 29 U.S.C., s.201
12. Single Audit Act of 1984; et. seq.;
13. National Environmental Policy Act of 1969 and 45. Title VI of the Civil Rights Act of 1964 Non
other provisions of law which further the purpose of discrimination;
46. Title VII of the Civil Rights Act of 1968
this Act; Non-discrimination in housing;
14. National Historic Preservation Act of 1966 (Public 47. Age Discrimination Act of 1975;
Law89-665) as amended and Protection of Historic 48. Executive Order 12892-Fair Housing
Properties (24C.F.R. Part 800); 49. Section 109 of the Housing and Community
15. Preservation of Archaeological and Historical Data Development Act of 1974 Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24
Act of 1966; C.F.R. Part 8;
16. Executive Order 11593 -Protection and Enhancement 51. Executive Order 11063 -Equal Opportunity in
of Cultural Environment; Housing;
17. Reservoir Salvage Act; 52. Executive Order 11246-Nondiscrimination;
18. Safe Drinking Water Act of 1974, as amended; 53. Section 3 of the Housing and Urban Development
19. Endangered Species Act of 1958, as amended; Act of 1968. as amended-Employment Training of
20. Executive Orcer 12898 -Environmental Justice Lower Income Residents and Local Business
21. Executive Order 11988 and 24 C.F.R.Part 55-
Floodplain Management; Contracting;
22. The Federal Water Pollution Control Act of 1972, as 54. Uniform Relocation Assistance and Real
amended (33 U.S.C.,s. 1251 et.seq.); Property Acquisition Policies Act of 1970,P.L.,
23. Executive Order 11990 -Protection of Wetlands; 100-17, and 49 C.F.R.Part 24;
24. Coastal Zone Management Act of 1968, as amended; 55. Copeland Anti-Kickback Act of 1934;Hatch Act;
25. Wild and Scenic Rivers Act of 1968, as amended; 56. Title N Lead-Based Paint Poisoning Prevention Act
26. Clean Air Act of!977; (42 U.S.C.,s. 1251 et. seq.);
27. HUD Environmental Standards (24 C.F.R. Part 58); 57. OMB Circulars A-87, A-!02, A-122, and A-133, as
28. Farmland Protection Policy Act of 1981; revised;
29. Clean Water Act of 1977; 58. Administrative Requirements for Grants, 24
30. Davis-Bacon Wage Rate Act; C.F.R.Part 85; 59. Section 02 of the Department of
31. Contract Work Hours and Safety Standards Act of Housing and Urban Development Reform Act of
1989 and 24 C.F.R.Part 12.
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EXHIBIT A —
Housing Urban Development (HUD) Supplemental Conditions
Section 3 Requirements
What is Section 3?
Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 that helps foster local
economic development, neighborhood economic improvement, and individual self-sufficiency. The Section
3 program requires that recipients of certain HUD financial assistance,to the greatest extent feasible,
provide job training, employment, and contracting opportunities for low-or very-low income residents in
connection with projects and activities in their neighborhoods.
How does Section 3 promote self- sufficiency?
Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this
integral foundation coupled with other resources comes the opportunity for economic advancement and self-
sufficiency.
• Federal, state and local programs
• Advocacy groups
• Community and faith-based organizations
How does Section 3 promote homeownership?
Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or
contracting opportunities they have begun the first step to self-sufficiency.
Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information
visit our HUD website.
Who are Section 3 residents?
Section 3 residents are:
•Public housing residents or
• Persons who live in the area where a HUD-assisted project is located and who have a household
income that falls below HUD's income limits.
Determining Income Levels
• Low income is defined as 80% or below the median income of that area.
• Very low income is defined as 50% or below the median income of that area.
What is a Section 3 business concern?
A business that:
• Is 51 percent or more owned by Section 3 residents;
• Employs Section 3 residents for at least 30 percent of its full-time,permanent staff: or
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Housing Urban Development (HUD) Supplemental Conditions
T- -ovi`its e idcn:._ of 2 ,.or mitmen to .ub..a ntr...c 7 business ;!)a: .'!:., 2: ?'!_1-c..2,x m'
What programs are covered?
Section 3 applies to HUD-funded Public and Indian Housing assistance for development. operating, and
modernization expenditures.
Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete
housing rehabilitation, housing construction, and other public construction.
What types of economic opportunities are available under Section 3?
• Job training
• Employment
• Contracts
Any employment resulting from these expenditures, including administration, management, clerical support,
and construction, is subject to compliance with Section 3.
Examples of Opportunities include.
• Accounting • Iron Works
• Architecture • Janitorial
• Appliance repair • Landscaping
• Bookkeeping • Machine Operation
• Bricklaying • Manufacturing
• Carpentry • Marketing
• Carpet Installation • Painting
• Catering •Payroll Photography
• Cement/Masonry • Plastering
• Computer/Information • Plumbing
• Demolition •Printing Purchasing
• Drywall • Research
• Elevator Construction • Surveying
• Engineering • Tile setting
• Fencing • Transportation
• Florists • Word processing
• Heating
Who will award the economic opportunities?
Recipients of HUD financial assistance will award the economic opportunities. They and their contractors
and subcontractors are required to provide,to the greatest extent feasible, economic opportunities consistent
with existing Federal. State, and local laws and regulations.
Who receives priority under Section 3?
For training and employment:
• Persons in public and assisted housing
• Persons in the area where the HUD financial assistance is spent
• Participants in HUD Youthbuild programs
• Homeless persons
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EXHIBIT A —
Ho sin; Urban Development (HUD) Supplemental Conditions
For contracting:
Businesses that meet the definition of a Section 3 business concern
How can businesses find Section 3 residents to work for them?
Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD
assistance is being spent.Effective ways of informing residents about available training and job opportunities are:
• Contacting resident organizations, local community development and employment agencies
• Distributing flyers
• Posting signs
• Placing ads in local newspapers
Are recipients,contractors, and subcontractors required to provide long-term employment opportunities, not
simply seasonal or temporary employment?
Recipients are required,to the greatest extent feasible, to provide all types of employment opportunities to low and
very low-income persons, including permanent employment and long-term jobs.
Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent,
full-time staff.
A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent
requirement. This encourages recipients to continue hiring Section 3 residents when employment opportunities are
available.
What if it appears an entity is not complying with Section 3?
There is a complaint process. Section 3 residents, businesses, or a representative for either may file a complaint if it
seems a recipient is violating Section 3 requirements are being on a HUD-funded project.
Will HUD require compliance?
Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates
complaints. HUD also examines employment and contract records for evidence that recipients are training and
employing Section 3 residents and awarding contracts to Section 3 businesses.
How can Section 3 residents or Section 3 business concerns allege Section 3 violations?
You can file a written complaint with your local HUD Field Office.
A written complaint should contain:
•Name and address of the person filing the complaint
•Name and address of subject of complaint(HUD recipient, contractor or subcontractor)
• Description of acts or omissions in alleged violation of Section 3
• Statement of corrective action sought i.e.training, employment or contracts
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DAVIS BACON GENERAL WAGE DECISION
—Not Applicable To
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EXHIBIT A —
Housing Urban Development (HUD Supplemental Conditions
CERTIFICATIONS AND FORMS
THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY
DEADLINE TO BE CONSIDERED RESPONSIVE
1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered
Transactions
2. Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered
Transactions
3. Affidavit for and Certification for Claiming Status as a Section 3 Business
4. General Grant Clauses
5. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j)
6. Conflict of Interest Affidavit
7. Certification for a Drug Free Workplace
8. Disclosure of Lobbying Activities
9. Anticipated Disadvantaged Business Participation Statement
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Certification Regarding Debarment,. Suspension, and Other Responsibility Iei.atters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Name Project Name
Title Project Number
Firm Tax ID Number
Street Address DUNS Number
City. State,Zip
24 CFR 24.510& 24 CFR,Part 24, Appendix A
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Certification Regarding Debarment., Suspension, Ineligibility
And Voluntary Exclusion
Lower Tier Covered Transactions
(l) The prospective lower tier participant certifies, by submission of this document,that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant
shall attach an explanation to this form.
Name Local Government
Title CDBG Contract Number
Firm Tax ID Number
Street Address DUNS Number
City, State, Zip
Date
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EXHIBIT A—
Housing Urban Development (HUM Supplemental Conditions
Affidavit for and Certification for Claiming Status as a Section 3 Business
A Section 3 "Right to Match'' preference shall be afforded to enhance the opportunities and ensure that employment
and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance
funding shall,to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations,
be directed to low-and very-low income persons and to business concerns which provide economic opportunities to
low-and very-low income persons of local businesses to receive awards of Collier County contracts.
A "Section 3 Business" is defined as a business that provides evidence of their Section 3 certification at the time the
bid is offered to the County; evidence shall not be provided after the bid closing time.
When a qualified and responsive, non-Section 3 business submits the lowest price bid, and the bid submitted by one
or more qualified and responsive Section 3 Business is within ten percent(10%)of the price submitted by the non-
Section 3 business,then the Section 3 Business with the apparent lowest bid offer(i.e. the lowest Section 3 bidder)
shall have the opportunity to submit, an offer to match the price(s)offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-Section 3 bidder and the lowest Section 3
bidder are in fact qualified and responsive bidders.Next,the Purchasing Department shall determine if the lowest
bidder meets the requirements of Section 287.087 F.S.
If the lowest Section 3 bidder meets the requirements of 287.087,F.S.,the Purchasing Department shall invite the
lowest Section 3 bidder to submit a matching offer to the Purchasing Department which shall be submitted within five
(5)business days thereafter. If the lowest Section 3 bidder submits an offer that fully matches the lowest bid from the
lowest non-Section 3 bidder tendered previously,then award shall be made to the Section3 bidder. If the lowest
Section 3 bidder declines or is unable to match the lowest non-Section 3 bid price(s), then award will be made to the
lowest overall qualified
and responsive bidder.If the lowest Section 3 bidder does not meet the requirement of Section
287.087 F.S. and the lowest non-Section 3 bidder does, award will be made to the bidder that meets the requirements
of the reference state law.
Bidder must complete and submit with their bid response the Affidavit and Certification for Claiming Status as a
Section 3 Business which is included as part of this solicitation and their current Section 3 certification.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from
being considered for Section 3 preference on this solicitation.
A Bidder who misrepresents the Section 3 Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Section 3 Preference status for a period of up to one (1)year.
If necessary, the contracting agency may conduct discussions with qualified and responsive bidders determined to be
in contention for being selected for award for the purpose of clarification to assure full understanding of, and verify
qualifications and responsiveness to solicitation requirements.
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This project is, subject so the provisions of Section of toe Housing and Urban Development Act of 1 96/ (12 U.S.C.
1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by
certain HUD Housing and/or Community Development Assistance shall,to the greatest extent feasible,and
consistent with existing Federal, State,and local law and regulations,be directed to low-and very-low income
persons and to business concerns which provide economic opportunities to low-and very-low income persons.
A Section 3 business concerned is defined as follows:
1. That is 51 percent or more owned by Section 3 residents;or
2. Whose permanent,full-time employees include persons,at least 30 percent of whom are currently Section 3
residents,or within three years of the date of first employment with the business concern were Section 3
residents;or
3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all
subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two
above.
in conformance with Section 3 federal regulations(24 CFR Part 135), Collier County shall direct efforts to award
Section 3 covered contracts,to the greatest extent feasible,to Section 3 business concerns in the order of priority
listed below:
1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3
residents in the service area or neighborhood in which the Section 3 covered project is located;
2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899)selected to carry out HUD
HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild
programs;
3. Category 3 businesses: Other Section 3 business concerns.
A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is
a Section 3 business concern as described above.
Vendor Name Date
Address
Signature Title
STATE OF FLORIDA
I COLLIER COUNTY (-.EE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
Day of . 20
My Commission Expires:
Notary Public
(AFFIX SEAL)
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Housing Urban Development (HUD) Supplemental Conditions
General Grant Clauses
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified
in this solicitation document(s).
Vendor/Contractor Name Date
Authorized Signature
Address
Solicitation Contract#
10/1/2012-(2)
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EXHIBIT A—
Hous ng Urban Development (HUD) Supplemental Conditions
Acknowledgement of Religious Organization Requirements
24 CFR 570.200(j)
In accordance with the First Amendment of the United States Constitution "church/state principles," Community
Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious
entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be
deemed to be, a religious or denominational institution or an organization operated for religious purposes which is
supervised or controlled by or operates in connection with a religious or denominational institution or
organization.
A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the
following:
I. It will not discriminate against any employee or applicant for employment on the basis of religion and will
not limit employment or give preference to persons on the basis of religion.
2. It will not discriminate against any person applying for such public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizing,and exert no other religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or in part under this agreement
shall contain no sectarian or religious symbols or decorations;and
5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility,
which is owned by the provider and in which the public services are to be provided. However, minor repairs
may be made if such repairs are directly related to the public services located in a structure used
exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the
CDBG/NSP expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of
my organization's project depends upon compliance with the requirements contained in this agreement.
(Company)
(Signature) (Date)
(Print Name)
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Housing Urban Development (HUD) Supplemental Conditions
Conflict of Interest Affidavit
By the signature below,the firm (employees, officers and/or agents)certifies, and hereby discloses, that,to the best
of their knowledge and belief, all relevant facts concerning past,present, or currently planned interest or activity
(financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the
firm(employees, officers and/or agents)has a possible conflict have been fully disclosed.
Additionally,the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the
contract and/or project duration.
Vendor Name Date
Address
Signature Title
State of
County of
SUBSCRIBED AND SWORN to before me this day of
?p , by , who is personally known to me to be the for the Firm, OR who produced
the following identification
My Commission Expires
Notary Public
(AFFIX SEAL)
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EXHIBIT A —
Housi g Urban Development (HUD) Supplemental Conditions
Certification Regarding Drug-Free Workplace Requirements
The offerer certifies that it will 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 a 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 of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after each conviction;
(e)Notifying the agency within ten 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 days of receiving notice under subparagraph (d)(2),with respect to
any employee who is so convicted—
(1)Taking appropriate personnel action against such an employee, up to and including termination; 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;
(g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b). (c), (d).(e) and (f).
Typed Name and Title of Certification Official
Signature Date
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EXHIBIT A—
Housing Urban Development (HUD) Supplemental Conditions
Certification Regarding Lobbying
The undersigned (Vendor/ Contractor) 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 funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts
to 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 [as amended
by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph
(2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at
2 U.S.C. 1601,etseq.)]
(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 agreements) 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 31, U.S.C. § 1352
(as amended by the Lobbying Disclosure Act of 1995). 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.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such expenditure or failure.]
The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C.A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Vendor/Contractor's Authorized Official
Name and Title of Vendor/Contractor's Authorized Official
Date
10/1/2012-(2)
37
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EXHIBIT A —
Housing Urban Development (HUD) Supplemental Conditions
COLLIE COLJNIrhT
ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN
PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide
source documentation that validates a status.
e ,
A.` PRIME VENDOR/CONTRACTOR INFORMATION
CONTRACT DOLLAR
PRIME NAME PRIME FEID NUMBER AMOUNT
IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT...
DISADVANTAGED, MINORITY OR WOMEN
BUSINESS ENTERPRISE? (DBE/MBE/WBE) OR DBE? Y/ N
HAVE A SMALL DISADVANTAGED BUSINESS 8A MBE? Y/ N CONSTRUCTION Y/ N
CERTIFICATION FROM THE SMALL BUSINESS WBE? Y/N CONSULTANT Y/N
ADMINISTRATION? SDB 8A? Y/ N OTHER Y/ N
IS THIS SUBMISSION A REVISION? Y/ N IF YES, REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DISADVANTAGE
MINORITY, WOMEN-OWNED, SMALL BUSINESS CONCERN OR DISABLED
SERVICE VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION
DBE I ETHNICITY SUB/SUPPLIER I PERCENT
SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OF
M/WBE NAME OR SPECIALTY CODE(See DOLLAR CONTRACT
VETERAN Below) AMOUNT DOLLARS
TOTALS:
10/1/2012-(2)
38
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EXHIBIT A—
Housing Urban Development (HUD) Supplemental Conditions
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
LAME OF SUBMA[T TER DATE T[TLE OF SUBM[:E::F
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded
contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual
terms. This form must be submitted at time of response to a solicitation. If and when awarded a County
contract,the prime will be asked to update the information for the grant compliance files.
ETHNICITY : f, CODE
Black American BA
Hispanic American HA
Native American NA
Subcont. Asian American SAA
Asian-Pacific American APA
Non-Minority Women NMW
Other: not of any other group listed 0
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
COLLIER CONTRACT#(IFB/RFP or
DEPARTMENT NAME PO/REQ) FUNDING SOURCE
ACCEPTED BY: DATE
10/1/2012-(2)
39
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