HomeMy WebLinkAboutR-92-0514J-92-537
7/8/92
RESOLUTION NO. 9 2 5 14
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO REALLOCATE $200,000 IN
FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FUNDS, FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECT
ENTITLED "CITYWIDE SINGLE FAMILY
REHABILITATION HOUSING PROJECT", FOR THE
PURPOSE OF PROVIDING FINANCIAL ASSISTANCE IN
THE FORM OF A GRANT, TO THE ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC., SAID
CITY ASSISTANCE TO ASSIST IN DEFRAYING THE
COST OF OFF -SITE IMPROVEMENTS AND SITE
DEMOLITION/CLEARANCE ACTIVITIES IN CONNECTION
WITH THE DEVELOPMENT OF A 52 UNIT AFFORDABLE
TOWNHOME PROJECT PLANNED FOR DEVELOPMENT ON
THE CITY -OWNED FERN ISLE NURSERY SITE;
AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE APPROVED FOURTEENTH (14TH)
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FINAL STATEMENT TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
TO REFLECT THE HEREIN PROPOSED REALLOCATION
OF CDBG FUNDING; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT DATED JUNE 4, 1991, BETWEEN THE
CITY OF MIAMI AND THE ALLAPATTAH BUSINESS
DEVELOPMENT AUTHORITY, INC., IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, FOR THE
AFOREMENTIONED PURPOSE.
=; WHEREAS,
the City
Commission recognizes
that the -
participation
of both the
public and private sector is necessary
to foster the
development
of housing within the affordability
range of families and individuals of low and moderate
income; and _
�l
WHEREAS,
over the
past four (4) years
the City —
Administration
has been
working jointly with the
Allapattah
Business Development Authority, Inc. in connection with the
development of a 52 unit townhome project planned on the City -
owned Fern Isle Nursery site located at 1300 Northwest 24th
Avenue, Miami, Florida; and
WHEREAS, construction on the project is anticipated to be
underway on or before September of 1992; and
WHEREAS, in June of 1992, representatives of the Allapattah
Business Development Authority, Inc. made a request to the City
Administration for City assistance to defray the cost of off -site
improvements and site demolition/clearance activities in
connection with the development of the proposed 52 unit townhome
project; and
WHEREAS, funding is available from unexpended 14th Year
Community Development Block Grant Program funds from CDBG Project
entitled "Citywide Single Family Rehabilitation Housing Project",
for the above -mentioned purpose; and
WHEREAS, the City Administration recommends approval of the
Allapattah Business Development Authority's request for financial
assistance in an amount not to exceed $200,000 to defray the cost
of providing off -site improvements and site demolition/clearance
activities at the proposed Fern Isle Gardens Townhome Project
located in the Allapattah neighborhood;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
2
92- 514
Section 2. *The City Manager is ht !•by authorized to
reallocate $200,000 from 14th Year Community Development Block
Grant ("CDBG") Program funds in an amount not to exceed $200,000
from CDBG Project entitled "Citywide Single Family Rehabilitation
Housing Project", for the purpose of providing financial
assistance, in the form of a grant, to the Allapattah Business
Development Authority, Inc. in connection with the provision of
off -site improvements and site demolition/clearance activities in
connection with the development of a 52-unit affordable townhome
project to be located on the City -owned Fern Isle Nursery site
and to be known as the Fern Isle Gardens Townhome Project.
Section 3. The City Manager is hereby authorized to
submit an amendment to the approved 14th Year Community
Development Block Grant Program Final Statement to U.S. HUD to
reflect the proposed reallocation of CDBG funding.
Section 4. The City Manager is hereby further authorized
to execute an Amendment to the Agreement, dated June 4, 1991,
between the City of Miami and the Allapattah Business Development
Authority, Inc., in substantially the form attached hereto, for
the provision in an amount not to exceed $200,000 in City
assistance, in the form of a grant, for the purpose of providing
off -site improvements and site demolition/clearance activities at
said Project.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of ,lye--� , 1992.
ATTE
XAVIER UAREZ, MAYOR
t
MATTY IRAI, CITY CLERK - 3
92-- 514
COMMUNITY DEVELO-R*EAT REVIEW:
FRANK CASnNEDA,/DIRECTOR
C0MMUNITl1 DEVELOPMENT DEPARTMENT
BUDGETARY REVIEW:
ANOHARA
ASSISTA�.ClrN
MANAGER
FINAN REVIEW:
CA99691NE. GARCIA, DIRECTOR
DEPAR ENT OF FINANCE
PREPARED AND APPROVED BY:
'(;aj°jk
r
L E. MAXWEL
C IEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTO
JEM/rm/M3065.
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92— 514
J
a
AMENDMENT NO. I
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF MIAMI
AND
AhLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.
This Amendment, made this day of ,
1992, by and between the City of Miami, a municipal corporation
of the State of Florida, (hereinafter referred to as the "CITY"),
and Allapattah Business Development Authority, Inc., a Florida
not -for -profit corporation (hereinafter referred to as "ABDA" or
"PROJECT SPONSOR").
RECITAL
WHEREAS, there exists in the City of Miami a severe shortage
of housing within the affordability range of families and
individuals of low and moderate income; and
WHEREAS, the City, in cooperation with the PROJECT SPONSOR,
is implementing a project to increase the supply of privately
owned housing affordable to low and moderate income families and
individuals in the City of Miami (the "PROGRAM"); and
WHEREAS, in June of 1988, through Resolution No. 88-569, the
City Commission approved in principle, for the Allapattah
Business Development Authority, Inc. to undertake the development
of a medium density residential complex on the Fern Isle Nursery
Site; and
-1--
92-- 514
WHEREAS, the Miami City Commission, through Resolution No.
88-569, also directed the City Administration to submit a plan
amendment to the State of Florida for reclassification of the
Fern Isle Nursery Site and any other requirements necessary to
move the proposed development forward; and
WHEREAS, the Miami City Commission, through Resolution No.
88-569, also directed the City Manager to convey title for that
portion of the Fern Isle Nursery Site required for residential
use by the Project Sponsor, subject to certain terms and
conditions as contained therein; and
WHEREAS, on March 14, 1991, through Resolution No. 91-214,
the Miami City Commission established $75,000.00 as the purchase
price for the Property and agreed to convey the subject Property
to the Project Sponsor for the purpose of developing a fifty-two
(52) unit townhome project for sale to low and moderate income
families subject to the below described terms and conditions; and
WHEREAS, the PROJECT SPONSOR is a Florida not -for -profit,
community based development corporation which has as one of its
primary purposes the development of new housing that is
affordable to low and moderate income families.
NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:1
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged.
-2- 92- 514
Amend Section 3 Project Description, Subsection 3.3. Project
Financing in order to add Part e) to read as follows:
e) The City of Miami shall grant the use of up
to $200,000 to the Project Sponsor for the
purposes of offsite improvements and site
clearing.
Amend Section 4 Project Sponsor Scope of Services,
Subsection 4.3 Project Development Costs, as follows:
FERN ISLE CONSTRUCTION BUDGET SUMMARY
Hard Cost $1,935,163
Off Site Improvements and -r.T4-,-9.0'0
Site Clearing 200,000
Overhead 97,000
Profit 68,000
Performance Bond 45,000
Total Soft Costs 186,234
Contingency 32,359
Total -$� 1-5-Y87&516-
$2,563,756
Amend Section 7 Compliance with Federal,. State and Local
Laws, as follows:
Both parties agree to comply with all applicable laws,
ordinances, and codes of federal, state and local governments,
including but not limited to, inclusion of Federal Labor
Standards Provisions (HUD Form 4010, 2/84) and the applicable
Federal Wage Decision for the project to be developed on the
Project Development Site. Said form, provisions, and its related
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92- 514
7
instructions and reports are attached hereto and are made a part
hereof this Memorandum of Agreement and shall be incorporated
into all applicable contracts and subcontracts in connection with
the project.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized on the dates shown below, the last ofwhich shall
be considered the effective date of this Agreement.
SIGNATURE OF PROJECT SPONSOR
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.
A Florida Not -For -Profit Corporation
BY:
ORLANDO URRA, PRESIDENT
ATTEST:
ADA FERMIN, CORPORATE: SECRETARY
SIGNATURE OF CITY
CITY OF MIAMI, FLORIDA
BY:
CESAR H. ODIO
CITY MANAGER
ATTEST:
MATTY HIRAI
APPROVED AS TO INSURANCE
REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
DEPARTMENT OF RISK MANAGEMENT
DATE
DATE
DATE
SEAL
APPROVED AS TO FORM
AND CORRECTNESS:
,4 #-2 10 11 9 X
A. UI 0 S, III
CITY AT EY
- 4 -
92` 514
lBI'I'
Federal Labor Standards ivisions
Applicability
The Project or Program to which Ilia construcion work covered by This
contract perlains Is being assisted by the United States of Arnrrlca and the
loflowing Federal tabor Standards Provisions are included In rids Contract
pursuant to ilia provisions applicable to such Federal assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics employed or work.
ing upon (fie site of the work (or under the United States i fousing Act of
1937 or under ilia !lousing Act of 1949 in the construction or development
of Ilse project), will be paid unconditionally and.not less often Ilion once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by rt§ulallons Issued by the
Secretary of tabor under the Copeland Act (24 CFFI Part 3). ilia full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
lime of payment computed at roles not less Ilion those contained In [lie
wage determination of the Secretary of labor which is attached hereto and
made a part hereof, regardless of any contraclural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefils under Section t(b)(2) of the Davis -Bacon Act on behnll
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject lu the provisions of 29 CFn'5.S(a)(1)(iv); )also, regutar
contributions made or costs Incurred for more Ilion a weekly period (but
not less often than quarterly) under plans, lunds, 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 (ale
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFn
Part 5.5(a;, 4), laborers or mechanics performing work In more Ilion one
classilicalion may be compensated at the rate specified for each classilica-
ton for the lime actually worked !herein: Provided, That the employer's pay -
loll records accurately set forth the lime spent In each classificaion In
which work Is performed. The wage determination (Including any additional
classification and wage tales conformed under 29 CFn Pan 5.5(al(1)(tij and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and Its subcontractors at the site of the walk In a prominent and
accessible, place where It can be easily seen by die workers.
(1#1 (a) Any class of laborers or mechanics which is not listed In the
wage determination and which Is to be employed under the contract shalt
be classified In conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when die following criteria, have been mft
(1) The work to be performed by the classification requesled Is not
performed by a classification In the wage determination; and
(2) The classification is ullllzed in the area by the construction
Industry; and
(3) The proposed wage rate. Including any bona tide fringe bene.
fits, basis a reasonable relationship to the wage tales contained In the
wage determination.
(b) It Ilia contractor and the laborers and mechanics to be employed
in the classification (d known), or their ieptesen(adves, and HUD or its
designee agree on the class111callon and wage rate (Including the amount
designated lot fringe benefits where appropriate), a report of the action,
' taken that be sent by HUD or Its designee to the Administrator of Ilia Wage
and Hour Division, Employment Standards Administration. U.S. Department
of labor. Washing►om D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classin-
cation action within 30 days of receipt and so advise HUD or its designee
or will nodly HUD or Its designee within the 30-day period that additional
time is necessary. (Approved by the Oi11ce of Management and Budget
under OMB control number 1215-0140.1
t + . (c) In the event the contractor, the taboreta.or mechanics to be
employed In the classification or their representadves, and HUD or its
designee do not agree on the proposed cinssdicalion and wage (ale
(including the amount designated lot fringe benefits, where appropriate),
Preylous Edition 1s Obsolete
tl i. Defharimcnl of flat,
jnd thban Development % -
-i r
HUD or Its designee shilIl refer the questions, Including Ilse views of ail
Interested parties and the recommendation of HUD or Its designee• to the
Administrator for delerminallon. The Administrator, or an authorized tepte-
sentative, will Issue a delermination within 30 days of receipt and so advise
I IUD 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 Man-
agement and Budgel under OMB Control Number 1215.0140.1
(d) The wage role (Including fringe benefils where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of ihls paragraph, shall
be paid to aft workers performing wnik In the classification under this con-
iract from ilia first day on which work Is performed In the classification.
(ill) W1enever ilia minimum wage rule prescribed In the contract for a
class of laborers or mechanics includes a fringe benelit which Is not
expressed as an hourly rate, the contractor shall either pay the benefit as
slated In the wage determination or shall pay another bona fide fringe
benelit or an hourly cash equivalent thereof.
(iv) It the contractor does not make payments to a trustee or other third
person, Ilia contractor may consider as part of the wages of any laborer tr
mechanic the amount cl any costs reasonably anticipated In providing
bona ride fringe benefits under a plan or program, Provided, That the
Secretary of tabor has found, upon Ilse written request of lice contractor,
that ilia applicable standards of the Davis -Bacon Act have been met The
Secretary of tabor may require the contractor to set aside In a separate
account assets for the meeting of obligations under the plan or program.
(Approved by lithe Office of Management and Budget under OMB Control
Number 1215.0140.) 1
2. Withholding. HUD or its designee shall upon 113 own action or upon
written request of an authorized representative of the Department of labor
wilfhhold or cause to be withheld from the contractor under Ills contract or
any other Federal contract with the same prime contractor, of any other
Federatly-assisted contract subject to Davis -Bacon prevaiiliig wage
requirements, which is held by Ilse 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 lull 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 Stales Housing Act of 1931 or
under the Housing Act of 1949 In die construction or developmental the
project), all or part of the wages required by the contract. IUD or Its desig-
nee may, alter 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 until such violations have
ceased. HUD or Its designee may, alter written node i to tie contractor, dis-
burse such amounts withheld for and on account of the contractor or sub•
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements In the case of direct
Davis -Bacon Act contracts.
3. (t) Payrolls and basic records. Payrolls and basic records relating.
thereto shall be mainbined by the contractor during the course of the work
preserved lot a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United Stales
Housing Act of 1991, or under the Housing Act of 1949, In tie construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her corn
rect classification, hourly tales of wages paid (including roles of conlribu-
lions or coals andcipaled lot bona lids fringe benefits or cash equivaleflls
thereof of the types described in Section I(b)(2)(B) of the Davis-b Con Act).
dally and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has lound under 29 CFFI 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 pro-
grom described In Section l(bX2)(13) of the Davis -Bacon Act the contractor
shall maintain records which show that the commitment to provide such
HUDA010 12.041
(110 1344.11
92- 514
/b-vroolits Is enforceable, that the plan or program is'inancially responsible.
d that the plan ar program has been communicated In writing to the
orers or mechanics affected, and records which show live costs anticl-
paled or ilia actual cost Incurred In provlding such benefits. Contractors
employing apprerillces or trainees under approved programs shall maintain
wrinan evidence of Ilia registration of apprenticeship programs and cetlin-
catlon of trainee programs, the registration pf the apprentices and trainees,
end the ratlos and wage rates prescribed In the applicable programs.
'(Approved by the Office of Management and Budget under 0M6 Control
Numbers 1215.0140 and 1215.0017.)
r . (11)•(a) The contraclnr shall submit weekly for each week In which any
contract work Is performed a copy of all payrolls to IIUD or its designee it
the agency Is a patty to the contract, but It the agency Is not such a party,
the contractor will submit the payrolls to The applicant sponsor, or owner,
as the case may be, for transmission to HUD or. Its designee. The payrolls,
submitted shall set out accurately and completely all of Ilia information
requited to be maintained under 29 CFR Part 5.5(a)(3)(1). This information
may be submined In any form desired. Optional Form WH-347 Is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029.005-00014-1), U.S. Government Printing
Office, Washington, OC. 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 .
1215.01491
• (b) 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
requlred to by maintained under 29 CFR Pail 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 lull weekly wages earned; without rebate, either directly
or indirectly, and that no deductions have been made either directly or Indi-
tecily from the full wages earned, other than permissable 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 lot the cfas-
slcallon of work performed, as specified In the applicable wage determina-
tion Incorporated Into the contract
(c) The weekly subtnlssion of a prepetiy executed certification set
forth on the reverse side of Optional Form WH-341 shall satisfy the
requirement for submission of the 'Statement of Compliance- required by
paragraph A,3.(41(b) of this section.
(d) The falsification of any of the above cartlllcallons may subject the
contractor or subcontractor to civil or criminal prosecution under Section .
1001 of Tine 16 and Section 231 of Tide 31 of the Ustilled States Code. '
011) The contractor or subcontractor shall make the records requited
under paragraph A3.() of Ihls section available for Inspection, copying, or
r 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 Iob If the contractor or subcon-
tractor faits to submit the required records or to make them available, HUD
or Its designee may, after written notice to the conuactor, sponsor, appli-
cant or owner, lake such action as may be necessary to cause Ilte sus-
pension of any further payment advance, or guarantee of funds. Funher-
mote, fadute to submit the requited records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Pon 5.12 -
4.11) Apprentices and Ttalne*e. Apptenllest. Apprentices will bef per-
mitted to walk al less than the predetermined rate for the work May per-
formed when they arts employed pursuant to and individually registered In a
bona Ado apprenticeship program registered with the U•S. Department of
Labor. Employment and Tisin(ng Administration, Bureau of Apprenticeship
and Training, fir with a State Apprenticeship Agency recognized by the
Bureau, or It a person Is employed in his or her Aral 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 certilied by Via
&treau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprenice. The allowable ratio of apprentices to journeymen on the job site
In any craft classification shall not be greater Ihnn the ratio perttmed to the
contractor as to file entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who Is not iegisiered
or other.,ise employed as staled above, shall be paid not less than the
applicable wage tale on the wage determinallon for the classillcailon of
work actually performed.dn addition, any apprentice performing work on
file job site In excess of the tatio permitted under the teglslered program
shall be paid not less than the applicable wage rate on the wage delerm(-
nation for life 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 (ales (expressed In percentages of Ilia jour-
neyman's hourly (ale) specified in the contractor's or subcontractor's regls-
lered program shall be observed. Every apprenclice must be paid of not
less than the tale specified In the registered program for Ilia apprentice'$
level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage delerminatiori. Apprentices shall be paid
Iringo 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 Ilsted on the
wage determination lot the applicable cinssilication, If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, binges shall be paid In accordance with that determination. In
the event the Bureau of Apprenticeship and Training• or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship p(ogram, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate lot the work
performed until an acceptable program Is approved.
Ql) Trainees, Except as provided In 29 CFR 5.16. trainees will not be
permitted to work at less than the predetermined tale for the work per -
loomed unless they are employed pursuant to and Individually registered In
a program which has teceived pilot approval, evidenced by formal certill-
cation by the U.S. Department of labor, Employment and Training Admini-
sirallon. 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 rasa
specified In the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman houtly rate specified In the
applicable wage determination. Trainees shall be paid hinge benefits In
accordance with the provisions of the trainee program. It (he trainee pro-
gram does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on.lhe wage determination unless Ilia r
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 lot apprentices. Any employee listed on the payroll at a
trainee rate who Is not registered and participating in a tralnin0 plan
approved'by" Employment and Training Administration shalt 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 shad be paid
not less than the applicable wage rate on )he wage delerminsuon for the
work actually performed. In the event the Employment and Training Admin-
istrallon withdraws approval of a training program, the contraclnr will no
longer be permitted to utilize trainees at less than the applicable predater-
mined rate for the work performed until an acceptable program Is
approved.
(111) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this pan shall be In conformity with the
equal employment opportunity requirements of Executive Order 111246, as
amended, and 29 CFR Pen 30.
5. Compliance with Copeland. Act requirements, The contractor shah'
comply with the requirements of 29 CFR Part 3 which era Incorporated by
relerence In this contract
S. Subcontracts. The contractor or subcontractor will insert In any sub- .
contracts the clauses contained in 29 CFR 5.5(aXl) through (10) and such
other clauses as HUD or Its designee may by appropriate Instructions
require, and also a clause requiting the subcontractors to Include these
clauses In any lower der subcontracts. The prima contractor shall be
tesporisible lot the compllanco by any subcontractor or lower der subcon-
tractor with all the contract clauses In 29 CFR Pan 5.5.
9 _ 514
1. Contrae:N termination; debanr.enl A breach of the cormact clause:; tar
29 CFR 5,5 may be grounds fur tennmm�on cf the cnnuaCI, arell fnr (letbar-
ment as a contractor and a subcontractor as provided in 29 CFR 5 12.
e. Compliance with Davis -Bacon and nelated Act RegtrlrernenU, All rut.
Ings and interpretations of the Davis -Bacon and Refaled Acts c `ntamed In
29 CFR Pans 1, 9, and 5 are herein Incorporated by reference in this
contract.
9. Disputes conceming tabor 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 accor-
dance with the procedures of the Department of tabor set forth In 29 CFR
Pans 5, 6, and T. Disputes within the meaning of tfris clause include dis-
putes between the contractor (or any of Its subcontractors) and 11UD or as
designee, the U.S. Department of labor, or the employees or their
reptesentailves.
10. (1) Certlflcallon of Eligibility. By entering Into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an Interest in the contractor's Him is a person or firm ineligible to be
awarded Government contracts by virtue of Section J(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or paruci-
pale in HUD programs pursuant to 24 CFR Part 24,
(11) 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
r or panicipaie in HUD programs pursuant to 24 CFR Part 24.
r pi() The penalty for making false statements Is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code. Section
1010, Title 18 , U.S.C. "Federal Housing Administration transactions', pro-
vides In part •Whoever, for the purpose of, '. ,Influencing in any way the
action ol.such Administration.. , makes, utters or publishes any statement
knowing the same to be false... shall be lined not more than 55.000 or
Imprisoned not more than two years. or Coth.'
11. Complaints, Proeeedinga, at Testlmony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract ate applicable shall be discharged or In any other mariner
discriminated against by the Contractor ar 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.
8 Canisacl Work (lours and Safety Standards Act. As used In this para-
graph, the terms "laborers" and `mechanics" Include watchmen and
guards.
(1) Overtime requiremenla. No contractor or subcontractor contracting
lot any pan of the contract work which may require or Involve the employ-
ment at 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 7 torry
hours In such workweek unless such taborer'or mechanic receives com-
rl „
(la nsailoo at a rai�O.ss (hate Otte and ant -nail truths It e t d4ev late �
pay far all hours wul�cq in erccss a! �il�.y"�, vjctrTcT�T��i.a•�'j�j,�,
[xyj*jy 10"y hours to ructt woe kwtmt, E ri: rn=
(2) Violation; Ilabilily for unpaid wager, liquidated damages. in Ina
event of any violation of the clause set (onh in subparagraph (1) of this
paragraph, the contractor and any subcontractor lesponslbte therefor shall
be liable for me unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United States (in the case of work done under
contract for ilia District of Columbia or a territory, to such district or to such
territory), for liquidated damages. Such liquidated damages shill bet com-
puted with respe2t to each individual taborer or mechanic, Including
watchmen and guards, employed In violation of the clause set fonh In sub-
paragraph (1) of this paragraph, in the sum of $10 tot each calendar day on
which such individual was requited or permitted to work in excess at =
Et• . >! 4^:`LSi4 the slandard workweek of forty hours without pay-
ment of the overtime wages required by the clause set tortn in subpara-
graph 11) of this paragraph,
(3) Vlllhholding for unpaid wages and liquidated damages- NUD or its
designee shalt upon its own action or upon wriden request of an awho- }'
rued representative or the Department of Labor wilhhold 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 some prime contract or any other Federally-asiisted con-
tract 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 necessaryrlo satisfy any liabilities of such contractor or subcontractor 1=
for unpaid wages and liquidated damages as provided in are clauses set ?—
faith in subparagraph (2) of Ihts paragraph. —
.r
(4) Subcontracts. The contractor or subcontractor shall insen in any -
subcontracts the clauses set tone in subparagraph (1) tluough (4) at this =
paragraph and also a clause requiring the subconlwctors to include these
clauses In any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower liecwbconlrac• _=
for with the clauses set forth in aubparagrapns (1) through (41 of this
paragraph, r
C. Health and Safety r
(1) No laborer or mechanic shalt be requited to wait( in surrouridings _
or under walking conditions which are unsanitary, hazardous, or'datiger•
ous to his health and safety as determined under consttuction salery and
health standards promulgated by the Secretary of labor by regulation.
(2) The Contractor shall comply wile alFregulations issued by the
Secretary of labor pursuant to Title 29 Pan f926 (lormerly pan i5181 and
failure to comply may result in imposition of sanctions pursuant to Inc Care
tract Work Hours and Safety Standards Act (Public Law 91 •Sd, eS Slat. 961
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subconuaclu
The Contractor shall take such action with respect 10 any subcontract as
Inc Secretary of Housing and Urban Development or the Secleiary of LPL
shall direct as a means of enforcing such provisions. „ ., ,
t
t
•r.r : r
r'
• r
t
.. r
HU04010 l
92- 514
Im
—# el
instructions For Filing Monthly Employment Utilization ndp6rt (CC-21557)— _
The Monthly Utilization Report Is to be completed by each subject contractor (both prime and sub) and slgnad by a
responsible oincial of the company. The reports are to be flied by the bth day of each month during the term of the contract,'
and they shall Include the total work -hours for each employee classification In each trade In the covered area for the
monthly reporting period. The prime contractor shall submit a report for Its aggregate work force and collect and submit
reports for each subcontractor's aggregate work force to the Federal compliance agency that het Executive Order 11246
responslbtilty. (Additional copies of this form may be obtained from the U.S. Department of Labor, Employment Standards
Admfnittrailon, OFCCP's regional office for your area.)
1 Compliance Agency
U.S. Oovernm nt agency assigned responelbllity for equal
employment opportunity. '(Secure this. Information from the
j
contracting officer.)
Federal Funding Agency
U.S. Oovamment agency finding project (In whole or In part). If
more than one agency, list all.
Contractor
Any contractor who has a construction contract with the U.S. Gov-
ernment or a contract funded In whole or In part with Federal
funds.
Minority
Includes Blacks, Hispanics, American Indiana, Alaskan Natives,
and Atlan and Pacific Islanders -both men and women.
1. Covered Area
aeographle area Identified In Notice required under 41 CFR 60-4.2.
2. F-mployer'a IdenllRcallon Number
Federal Social Security Number used on Employer's Ouarlorly
Federal Tax Return (U.S. Treasury Departmem Form 941).
3. Current Goals (Minority & Female)
See contract Notification.
4. Reporting Period
Monthly, or as directed by the compliance agency, beginning with
The effective date of the contract.
5. Construction Trade
Only those construction crafts which contractor employs In the
covered area.
e. Work -Hours of Employment (a -a)
a. The total number of mate hours and the total number of female
.
hours worked by employees in each cleseltication.
b.-e. The total number of mate hours and the total number of
female hours worked by each speclfled group of minority
employees In each ctaselllcallon.
' Classification
Tho level of accomplishment or status of the worker In the trade
(Journey Worker, Apprentice, Trainee)
7. Minority Percentage
The percentage of total minority work -hours of all work -hours (the
sum of columns eb, ec, ed, and ee divided by column Be; just one
figure for each construction trade).
e. Female Percentage
For each trade the number reported In ea. F divided by the sum of
`
the numbers reported In ea. M and F:
9, Total Number of Employees
Total number of male and total number of female employees work.
Ing in each ciasal(ication of each trade In the contractor's aggro -
gale work force during reponing period.
16. Total Number of Minority Employees
.Total number of male minority employees and total number of
female minority employees working In each cleasiRealion In each
trade In the contractor's aggregate work force during reporting
period. ,} ,
c
f
92- 514
T :
U.S. Department of Labor
.
Ut iilzathon AePlOrt Employrnent Standards Administration. OFCCP
ttr,Qnth►y �rnpic�yment
2 EmploY I.D. No.l
c"sNo. 'zrs-ots3
ter+
in contracts I1. ArDa a FA
fin= 06311 w
t..t
Fa'sium to report can rawtl
may be declared
FDd�rrsl
i%►
FjceCulive
Tni3 rer r3 required ay ed in wtwie ar in pan and the Contractor
o1 tederali assisted con contnnc
terminated ex susvr+nd Name and ioCnliorf o! CoritraCtaC
Fwa7ing
AfiNwi
min; cantetlDd,
inch rbin to Iuritxrernrnerit Contracts
4-AeporirnD t7eteW
t
3 Gunoni Goals
v�
Minority �_--- From
Female _ _---- To - " "'"'� to ent {Federal & NprrFedornlj
6 Work Naurs CI Errip Yrn i..
Total '
Total Number
r E.L etL 6c
AnWi=n
Number of
of Minority
Aslan or
Total All Blank pacllic Indian or
ErnploYe"
Fwml*
EMPioyees
,
Fsnploy� (Not o: Hispanic lslnrxfer Alaskan Native ttirtorlty
Hispan•c percentage
Cage Y
F ►i F
rr+� By Trade Origin) F
F W F N
ornstnavlion M F u
Classifications it F
—'
not
Journey worker
Apprentice
Svt),-Tatai
iJounne), Worker
Apprentice
:�
1 rainee
•-r..v WorKar
1 Apprentice
lraineD.��rr'
4 Sulri oral +•
Journey Worker
APPrenticD
dam"TrRinee (
.,;. �W+'+'>''J�'��•:',:-"' �'.vr�"`•,,,,n... i;t� 1G",.
." Jourticy Wotkor
, T+.r
•, w.....
Apprentice
i3rsinee=,ta+
y ..
"` r� r !�+s'^�xA;, k ' *x•n�".+M�v
r: •,+�i ,c;
1+ •••.YS�aV'•f•" :Y; •� � w �l , 1.J.N�.GG
rrn•+
�" .y
101;1) Journey workers
j
1o;21 Aporentices
1 Ttainees 1 +.wz^ 1�,�+�L?yY'
1Ct8 .cash nova ii y` n .� t Ira
13. pate Signed
P S7s
,� y
w• a'E- •* < `"� 12 IDlepnonaNurnbor
Grand Tola1_
(inciudearea aide)
of —
t t. Gampany OliIMI's S+gnature and Title
Farm CC-257
Rev. Dec. 1486
Date
1.
fh-m of nrnarary s.rrr) tnu.l
do hereby stets .
(1) That I 4y or supervise the payment of the persons employed by
on the
IGntnn•r •r w•c•wrnOM tautWurr er a.erh)
that.during the payroll period commencing on the
day of 19 and ending the day of 19
al) perverts employed on said project have been paid the full weekly wages tamed, that no rebates
have been or waft be made either directly or indirectly to or on behalf of said
from the full
- - tL•nrncae, er wacowtreclVl
. eekfy wages earned by any person and that no deductions have been made either directly or
indirectly from the full wages earned by any person, other then permissible deductions as defined
in Rtgulations. Part 3 (29 CFR Subat:e A), issued by the Secretary of Labor under the Copeland
Act, as amended (48 Slat 94B. 63 StaL 108, 72 Stat. 967; 75 SUL 357. 40 U.S.C. 276c), and de-
scribed below.
(2) That any Payrolls otherwise under this contract required to be submitted for the above
Period am carije and complete; that the wags rates for taborer or mechanic contained therein
are not less than the applicable wage rates contained In any wage determination incorporated info
the contract: that the cAssiftcatlons set forth therein for each laborer or mechanic Conform with tha
work he performed.
(3) That any aporentices employed in the above period are duty registered in a bona fide
apprenticeship program registered with a Stab apprenticeship agency recognized by the Bureau _
of Apprenticeship aril Training United States Department of Labor, or It no such recognized agency
exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Depart-
ment of Labor.
contract have been or wig be made to appropriate programs for the benefit of such -
employees, except as noted In Suwon 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
(� —Each laborer or mechanic listed In the above referenced payroll Ms been p=id, as
Indicateb on the psyrolt, an amount not less than the sum of the applicable basic
hourly wage rate plus the imount of the required fringe benefits as listed in the
contract, except as noted In Section 4(c) below.
(c) EXCEPTIONS
EXCEPTION (CRAFT) EXPLANATION
REMARKS
(4) That - _ •. .. -' NAME AND TrTLE SIGNATURE
(a) WI4ERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
0 —In addition t0 the basic hourly wags rates THE WILFUL rALSIFICA'nOR Or Arry OF THE AaoYL STATFUgM3 "Ay SU9JECr THE Cott AMOK
paid t0 each (abdref Of mechanic OR SUEWNTRACTON TO CIVIL OR CRIMINAL PROSECUTION. SC SECTION Joel Of TITLI Is AND
listed in the above referenced payroll, payments of hinge benefits as listed in the SECTION Z31 Of nTLC 31 OF THE UNIIM STRTX3 CODE,
'�
T-4
gill 11, gh I, � �1J�,, �11 i�l I, I �II�I�,�,� i lil�,i�l L� �!f� �� ir����� ��i�Vl����� �� ���l,I II�
U.S. VEll OF LAWR
gi AP40 Noun VrVWOh
PAYROLL rwm ARM""
Ili
(For Contractor's Optional Use; See Instruction, Form W14-347 Inst.)
ftAUE Of COWMAGTOK 0 OR SUNCONTRAC-1011
ADDRESS
Ii Fla,
FOR WEEK ENDING
IMCLIECT AND LOCATION
I
OR CONTNC
NAME, AOO*ES& AN D EX
SOCIAL SECURITY i
OF OAPLOYEE
WORK DN
m"sinrA-lim
(4) DAY AND DATE
TOTAL
HOURS
(6)
RATE
of PAT
0')
GROSS
AMOUNT
EARNED
(9)
DEDUCTIONS
01)
Hrr
WACCS
p_Q
A WEEK
FICA
"WITH.
OLDING
TAX
ME,
TWA'
14OURS WORKED EACH DAY
O
O
•
wta=7 ("SRI - 1`041411 SOL is. -_PURCHASE THIS FORM DIRECTLY FROM THE Sun. OF DOCUIAEtfTS
24
CITY OF MIAMI, FLORIDA -
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and DATE
Members of the City Commission
' SUBJECT
Cesar H. Ode
FROM City Manager '�i REFERENCES:
ENCLOSURES'
RECOMMENDATION:
t "��,1 FILE
92
Resolution Authorizing
the City Manager to Re-
allocate $200,000 in 14th
Year CDBG Funding-ABDA
City Commission Agenda
Item - July 16, 1992
Is is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to reallocate
$200,000 in unexpended 14th Year Community Development Block
Grant Program (CDBG) funds from CDBG Project entitled "Citywide
Single Family Rehabilitation Housing Program", for the purpose of
providing financial assistance in the form of a grant, to the
Allapattah Business Development Authority, Inc., (ABDA) for the
provision of off -site improvements and site demolition/clearance
activities at the proposed 52 unit Fern Isle Gardens Townhome
Project. The attached resolution further authorizes the City
Manager to execute an amendment to the Agreement between the City
of Miami and the Allapattah Business Development Authority, Inc.,
dated June 4, 1991, for the aforementioned purpose.
BACKGROUND:
The Department of Development and Housing COnservation recommends
ratification of the attached resolution authorizing the City
Manager to reallocate $200,000 in unexpended 14th Year Community
Development Block Grant Program (CDBG) funds from CDBG Project
entitled "Citywide Single Family Rehabilitation Housing Program".
The said funding will be used to provide financial assistance in
the form of a grant to the Allapattah Business Development
Authority, Inc., to defray the cost of off -site improvements and
site demolition/clearance activities at the City -owned Fern Isle
Nursery site, in connection with a 52 unit townhome project
planned for development by ABDA.
The attached resolution further authorizes the City Manager to
execute an amendment to the Agreement between the City of Miami
and the Allapattah Business Development Authority, Inc., dated
June 4, 1991, for the aforementioned purpose.
92- 514
Honorable Mayor and
Members of the City Commission
Page 2
ayr6tM�`
Since .Tune of 1988, the Allapattah Business Development Authority
has worked diligently on moving the construction of the proposed
52 unit townhome project forward. To date, the project sponsor
has secured a preliminary commitment for $1,500,000 in
construction financing from Northern Trust Bank and $1,484,859 in
permanent first mortgage financing from Homes for South Florida,
Inc. for the prospective homebuyers of the proposed townhome
project. Approximately $1,481,500 in permanent second mortgage
financing commitments has also been secured from Metropolitan
Dade County through the County's Documentary Surtax Program for
the prospective homebuyers.
In June of 1992, representatives of the Allapattah Business
Development Authority made a request to the City Administration
for financial assistance to assist in the construction of the
proposed townhome project. In order for the housing project to
move forward, the project sponsor is required to install a 12"
water line from Northwest 27th Avenue along 14th Street to
Northwest 24th Avenue. Moreover, it is also necessary to
demolish the existing structure(s) situated on the site prior to
the commencement of construction.
Funding in the amount of $200,000
available from unexpended 14th Year
Grant Program funding under CDBG
Single Family Rehabilitation Housing
of the required off -site
demolition/clearance activities
commencement of construction.
has been identified and is
Community Development Block
Project entitled "Citywide
Project" to defray the cost
improvements and site
required prior to the
In an effort to move the construction of the 52 unit townhome
project which is being proposed on the City -owned Fern Isle
Nursery site forward, City Commission ratification of the
attached resolution is recommended.
92- 514