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HomeMy WebLinkAboutExhibit 7. V1ATTACHMENT 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. * Appticable Wage Rate to be provided by CD once scope of project is provided and approved. ATTACHMENT D Section 3 24 CFR Part 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. g) With respect to work performed in connection with Section 3 covered Indian housing J r a• A 4 ATTACHN3ENT D City of Miami SECTION 3 ECONOMIC 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 1NFOMATION ON YOUR PLAN: (1)COMPANY NAME (2) YOUR NAME AND PHONE NUMBER (3) BID NUMBER AND NAME. .ATTACHMENT D SAMPLE PLAN QUESTIONS PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM STATIONERY FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER Question #1 Identify individuals responsible for panning, implementing, and tracking the project's Section 3 training and employment 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 who could fill job vacancies that may later become available. 4. Contract Sandra Walker, MDHA, at (305) 644-5277, for employment referrals. ATTACHMENT D 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 dose -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 Plan.) ATTACHMENT D 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 close-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 ATTACHMENT 'T D Procurement Procedures that Provide Preference To Section 3 Business concerns ATTACHMENT D 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 -All 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 $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance .ATTAC-HMEN T D with 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 every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 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 shaft 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.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of 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 12549 and 12689, "Debarment and Suspension." This list • ATTACHMENT ll contains the names of parties debarred, suspended, or otherwise excluded by agencies, and con'actors declared ineligible under statutory or regulatory authority other than. E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. DATE: ATTACHMENT D AckflowJedgment of F!LD Form 4010 TO WHOM IT MAY CONCERN: I representing (hereinafter referred to as "Contractor") acknowledges receipt of the HUD 4010 fore 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: