HomeMy WebLinkAboutExhibit 11 V2ATTACHMENT D
Federal Labor Standard Provisions
The time sensitive dates and the language for the Federal Labor Standards
Provisions are as follows:
1) All provisions of the Federal Labor Standards Provisions HUD Form 4010
,and the Applicable Wage* Decision must be incorporated in the bid
packages, construction contracts, and subcontracts, and must be adhered
to.
2) Ten days before bid opening, the CD Department must be contacted to
ensure the applicable Wage Rate is being used and to "lock in" the Wage
Rate for the project. The "Lock in" period is for ten days before bid
opening. If the Bid is not opened within the ten days "Lock In" period then
CD must be consulted again to inquire which Wage Rate is still applicable.
3) After the bid is opened, a contract must be executed with the contractor
within 90 days in order for the Wage Rate that was issued at Bid opening
to be applicable. If a contract is not executed within 90 days, then the
Wage Rate that is current at the time of contract execution will be the
applicable Wage Rate for the Project.
4) After contract award, a meeting should be held with the contractor and
others involved entities to explain the Federal Labor Standards Provisions.
* Applicable Wage Rate to be provided by CD once scope of project is
provided and approved.
H!EV„ I. t)
Section 3
24 CFR Fart 135 - at 135.38. This clause must be included in all Section 3 covered
contracts. The contractor and subcontractors (where applicable) will be bound by its
provisions.
a) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u (Section 3). The purpose of,Section 3 is to ensure that the employment and
other economic opportunities generated by HUD assistance of HUD -assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low and very low income persons, particularly persons who are recipients of HUD
assistance for housing.
b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their ,execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
c) The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
d) The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
e) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed; and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
o) With respect to work performed in connection ‘vitr Section 3 covered Indian housing
assistance, Sections 7(b) of the Indian Self -Determination and Education Assistance
ATTACHMENT ACHMENT D
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) require; 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).
:?i 1:lHNIi"1 it
City of Miami
SECTION 3 ECONOM C OPPORTUNITY PLAN QUESTIONS
The Section 3 Economic Opportunity Plan must describe the proposed strategies
for achieving the Section 3 training and employment numerical goals, and
subcontracting numerical goals (where subcontracting is allowable in the Bid.)
Please review the information below, and provide your responses on separate
paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to
further assist you in developing your responses to the information requested
below.)
1. Identify individual(s) responsible for planning, implementing and tracking the
projects' Section 3 training and employment goals. Describe their prior
experience in this area.
2. Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate, and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
3. Describe contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
4. Describe plans to structure project activities in ways that create opportunities
for Section 3 firms' participation, where applicable.
YOUR RESPONSES TO QUESTIONS 1-4, WILL CONSTITUTE
YOUR PLAN;
PLEASE ATTACH YOUR PLAN DOCUMENT AND
ALSO INCLUDE THE FOLLOWING JNFOMATION ON YOUR
PLAN:
(1)COMPANY NAME
12) YOUR NAME AND PHONE NUMBER
(3) BID NUMBER AND NAME.
SAMPLE PLAN Qt?EST?ONS
PLEASE RE -TYPE YOUR OWN FIRMS PLAN ON YOUR FIRM STATIONERY
FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER
Question #1
Identify individuals responsible for planning, implementing, and tracking the
project's Section 3 training and emplbyment goals. Describe their prior
experience in this area.
The individual responsible for planning, implementing and tracking the project's
Section 3 training and employment goals is John Doe, President (or the
appropriate title of this individual), of name of firm (hereafter referred to as
"Contractor"). He (or she) will obtain all pertinent information to become
thoroughly familiar and ensure contract compliance with the HUD Section 3
Regulation. John Doe has worked on construction (or service, whichever is
applicable) projects, and is qualified to administer contractor's Section 3
Economic Opportunity Plan (Plan.)
Question #2
Describe efforts (contractor and subcontractor) to be taken to recruit, solicit,
encourage, facilitate and hire public housing and other low-income persons.
Identify any private or public resources that will be used.
Contractor will take the following steps to recruit, solicit, encourage, facilitate and
hire public housing and other low-income persons, in the event any vacancies
occur throughout the duration of the project:
1. Meet with resident associations and managers at the public housing site
where work is to take place, first, and second, at other public housing sites.
2. Schedule a time and place for public housing residents to complete job
applications.
3. Develop a list of "pre -qualified" Section 3 public housing and other low-
income residents whc could fill lob vacancies that may later become
available.
4. Contract Sandra Walker. MDHA, at (305) 644-577 for employment
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referrals.
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5. Contact Don De Jarnett, YWCA, at (305) 377-9922, Ext. 204, or Fax (305)
373-9922 for HUD Youthbuild employment referrals.
Send notices about Section 3 training and employment obligations and
opportunities required for this project to labor organizations.
7. Establish a training program to provide public residents and other low income
residents with the opportunity to learn basic skills and job requirements.
8. Advertise in major and community newspapers and on job sites for workers
who meet the definition of a Section 3 resident.
Contractor will establish files to record and retain written documentation of all
training and employment outreach efforts and resources from agency
representatives and lob applicants.
Question #3
(ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe the contractor's activities to be taken for recruiting, soliciting,
encouraging, facilitating and selecting Section 3 subcontractors, where
applicable.
• Firm Name Page 2 of 3
Contractor will take all feasible measures to recruit, solicit, encourage, facilitate,
and select qualified Section 3 business subcontracting firms to perform at least
/0% of the project award amount (contract sum) for each CITY OF MIAMI project
for which Contractor is the successful bidder.
Contractor will request the organizations, listed below, to provide lists of firms,
organized by
trade category, that can perform required project work (in addition to these
organizations,
Contractor may also contact other organizations that provide such listings):
1. Miami -Dade County Department of Business Development
2. Contractor's Resource Center
3. Small Business Administration
4. Minority Business Development Center
Contractor understands that, in addition to awarding work to qualified Section 3
businesses, it is our responsibility to:
1. Use the contractor's or firms solicitation letter to advertise to the "greatest
extent feasible" to all firms on lists provided to us by the CITY OF MIAM1
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A I l HCH ME i
and other organizations about the type of work needed to complete each
CITY OF MIAMI project,
Advise firms of Contractor's obligation to seek and award work to qualified
Section 3 businesses, where feasible,
Clarify the definition of a Section 3 resident and business,
Explain how to qualify as a Section 3 business in order to be eligible to
receive a preference from Contractor when subcontractor work is to be
awarded, and
5. Provide Section 3 certified firms that are qualified to perform work with an
opportunity to submit price quotations for CITY OF MIAMI project work, and
where financially feasible, hire such firms as subcontractors.
Documentation of Outreach to find Eligible Section 3 Subcontracting Firms
1. Contractor will establish files to record and retain written documentation of
all outreach efforts and responses received from organizations and
subcontractors who are contacted.
2. Contractor will fax the CITY OF MIAMI Solicitation Letter to all firms that
these organizations identify, based on each category of work required for
each project.
3. Contractor will provide CITY OF MIAMI with copies of its facsimile receipts
to each of the organizations listed in its Plan and their responses.
4. Contractor will provide CITY OF MIAMI with copies of its facsimile receipts
and responses received from every firm that is faxed for each CITY OF
MIAMI project.
5. Contractor will provide CITY OF MIAMI with an outreach close-out letter for
each project awarded that refers to an attached outreach summary report. If
Contractor is unable to meet CITY OF MIAMI's requirement to contract at
least 10% of the award amount to Section 3 businesses, Contractor will
include in its close-out letter an explanation as to why this requirement was
not met.
6. The outreach summary report, referred to in No. 5, above, will list all
contacts made to each organization or association, the individual firms
subsequently contacted, categorized by trade, and the bid amount or other
type of responses received from each firm (similar to the sample outreach
summary report attached to Contractor's Flan.)
ATTACHMENT t)
If a firm is non -responsive, Contractor agrees to make a second attempt at
getting them to respond, failing which, Contractor will move on to another
company, all of which will be submitted to the CITY OF MIAMI, and referred
to in the outreach dose -out letter and summary report.
Question #4
(ONLY APPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe plans to structure project activities in ways to create
opportunities for Section 3 firms to participate, where applicable.
Contractor will make every effort to structure project activities to increase
opportunities for Section 3 businesses. This will be accomplished by sub -dividing
the work into smaller amounts, or by using multiple firms to complete similar
types of work.
Submitted by: Submission Date:
President Name, President
D
Procurement Procedures that Provide Preference
To Section 3 Business colcerns
ATfi A t- AI T\_t t>
OMB Circular A-110 Appendix A
Contract Provisions
All contracts awarded by a recipient including small purchases, shall
contain the following provisions as applicable:
1. Equal Employment Opportunity -AN contracts shall contain a provision
requiring compliance with E.O. 11246, "Equal Employment Opportunity," as
amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and as supplemented by regulations at 41 CFR part
60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All
contracts and subgrants in excess of $2000 for construction or repair awarded by
recipients and subrecipients shall include a provision for compliance with the
Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department
of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - Required by
Federal program legislation, all construction contracts awarded by the recipients
and subrecipients of more than $2000 shall include a provision for compliance
with the Davis -Bacon Act (40 U.S.C. 276a to a-i) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions
Applicable to Contracts Governing Federally Financed and Assisted
Construction"). Under this Act, contractors shall be required to pay wages to
laborers and mechanics at a rate not less than the minimum wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors
shall be required to pay wages not Less than once a week. The recipient shall
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall
report all suspected or reported violations to the Federal awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) -
Where applicable, all contracts awarded by recipients in excess of $2000 for
construction contracts and in excess of 52500 for other contracts that involve the
employment of mechanics, or laborers shall include a provision for compliance
wi'h Sections -102 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29
CFR part 5). Under Section 102 of the Act, each contractor shall be required to
compute the wages Of even, mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than 1 times the
basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section, 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of
intelligence.
5. Rights to Inventions Made Under a Contract or Agreement. Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of
amounts in excess of $100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 ct seq.). Violations
shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.G. 1352) - Contractors who apply
or bid for an award of $100,000 or more shall fife the required certification. Each
tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be
made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in
accordance with E.O.s 12 549 and 12689, "Debarment and Suspensic: . " This list
A,t .1 .';.(.: y-I L `:] U
contains the names of parties deLarred, suspended, or otherwise excluded by
agencies, and con —actors declared ineligible under statutory or regulatory
authority other tha.. C.C. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion
status and that of its print pal employees.
DATE:
A T TA CHINEN 1 D.
AcLio le gment of HUD Form 4010
TO WHOM IT MAY CONCERN:
I representing
(hereinafter referred to as "Contractor") acknowledges receipt of the HUD 4010 form
which states the Federal Labor Standards Provisions and the applicable wage decision,
which are part of this particular project
located at
Name of project Address of project
Contractor Name:
Contractor Signature:
DATE CONTRACT WAS AWARDED TO CONTRACTOR:
APPLICABLE WAGE DECISION NUMBER:
START OF CONSTRUCTION DATE: