HomeMy WebLinkAboutRequirementsHMO MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
CIVIL RIGHTS REQUIREMENTS:
(1) Nondiscrimination Generally - In accordance with Title VI and Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42
U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Municipality, Contractor or
Subcontractor agree that they will not discriminate against any contractor and subcontractor, or
any employee or applicant for employment on the basis of race, color, national origin, religion,
age, disability, ancestry, veteran's status, marital status, pregnancy, sexual orientation, or the
exercise of their constitutional or statutory rights. In addition, the Municipality, Contractor or
Subcontractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue. The Municipality, Contractor or Subcontractor shall
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment without regard to their race, color, national origin, religion, age, disability,
ancestry, veteran's status, marital status, pregnancy or sexual orientation. Such action shall
include, but not be limited to, the following: employment, upgrading, promotion, demotion or
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeships.
(2) Equal Employment Opportunity - Each Municipality, Contractor or Subcontractor will be
required to assure compliance with all equal employment opportunity policies through reporting
requirements to be developed and established by Miami -Dade Transit. The following equal
employment opportunity requirements apply to the underlying contract, or any project resulting
from, or within the ambit not his agreement.
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49
U.S.C. § 5332, the Municipality, Contractor or Subcontractor agree to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor
(U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq. (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of projects resulting from this interlocal
agreement and funded with ARRA funds. The Municipality, Contractor or Subcontractor
agree to take affirmative action to ensure that applicants are employed, and that
employees are treated equitably during employment, without regard to their race, color,
creed, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
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advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements that Miami -Dade Transit and/of FTA may
issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the
Municipality Contractor or Subcontractor agree to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Contractor agrees
to comply with any implementing requirements that Miami -Dade Transit and/or FTA may
issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements Miami -Dade Transit
and/or FTA may issue.
(3) The Municipality, Contractor and Subcontractor also agree to include these requirements in
each subcontract financed in whole or in part with Federal assistance provided by FTA, and
specifically ARRA funding, and will modify the requirements only if necessary to identify the
affected parties.
ACCESS TO RECORDS AND REPORTS REQUIREMENTS:
(1) The Municipality, in accordance with 49 CFR 18.36(i) agree to provide to Miami Dade
County, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the
Municipality, which are directly pertinent to the project, or projects subject to this Interlocal
Agreement and funded with ARRA funding for the purposes of making audits, examinations,
excerpts and transcriptions. The Municipality also agree, pursuant to 49 C. F. R. 633.17 to
provide Miami Dade County and/or the FTA Administrator or his authorized representatives
including any PMO Contractor access to Municipality, records and construction sites pertaining
to a capital project, subject to this interlocal agreement. 5302(a)1, which is receiving federal
financial assistance through the programs described at 49 U.S.C. 5307, 5309, 5311, or ARRA
funds.
(2) Contractor and subcontractor by reason of the receipt of ARRA funds agree to provide
Miami -Dade county and/or, the FTA Administrator or his authorized representatives, including
any PMO Contractor, access to the Municipality, Contractor or Subcontractor records and
construction sites pertaining to any project, or projects subject to this interlocal agreement,
which is receiving federal financial assistance through the programs described at 49 U.S.C.
5307, 5309, 5311, or ARRA funds.
(3) Where the Municipality, Contractor or Subcontractor enter into a contract for a project or
improvement funded with ARRA funds through other than competitive bidding, the Municipality,
Contractor or Subcontractor shall make available records related to the contract to Miami Dade
County, and where applicable or requested, the Secretary of Transportation and the
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Comptroller General or any authorized officer or employee of any of them for the purposes of
conducting an audit and inspection.
(4) All parties agree to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(5) The Municipality, Contractor or Subcontractor agree to maintain all books, records, accounts
and reports required under this contract for a period of not less than three years after the date
of termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Municipality, Contractor or
Subcontractor agree to maintain same until Miami Dade County, the FTA Administrator, the
Comptroller General, or any of their duly authorized representatives, have disposed of all such
litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
The parties agree to report to Miami -Dade Transit their activities and expenditures on the
attached forms, or via any medium that Miami -Dade Transit may request, or any other forms to
be provided at later date by Miami -Dade Transit.
DAVIS-BACON AND COPELAND ANTI -KICKBACK ACTS
(1) Minimum wages
(i) 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 those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual 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 benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; 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 classifications and wage rates conformed under paragraph (1)(ii) of this section)
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.
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(ii) (A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, 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. The
contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), 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; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the
area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree 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 the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210_ The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, 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.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably 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
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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.
(v) (A) The contracting officer shall require that 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. The contracting officer 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.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree 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 the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day period
that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, 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.
(2) Withholding - The municipality shall upon its own action or upon written request of an
authorized representative of Miami -Dade Transits, 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
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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, the
Municipality 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 until such violations have ceased.
(3) Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and 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.
(ii) (A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the municipality for transmission to the Miami Dade Transit.
The payrolls submitted shall set out accurately and completely all of the information required to
be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1),
U.S. Government Printing Office, Washington, DC 20402. MDT may require that the required
reports be submitted electronically. If MDT elects that the municipalities shall make provided all
required reports electronically via any software or medium designated by Miami -Dade Transit.
The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors.
(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 required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 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
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rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 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.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) 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.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration 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, Miami -Dade
Transit may recommend, and the Federal agency 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 or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12., and applicable county rules and ordinances.
(4) Apprentices and trainees
(i) Apprentices - Apprentices will be permitted to work at Tess 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. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
above, shall be 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 subcontractors 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
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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 of the
Wage and Hour Division of the U.S. Department of Labor determines that a different practice
prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
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 Tess 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 classification of 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 Tess 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 contractor 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.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
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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 reference 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 the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility —
(i) 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).
(ii) 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).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
DISADVANTAGED BUSINESS ENTERPRISES
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency's overall goal for DBE participation is 21.4 %. A separate contract
goal for DBE participation may be established by the Municipality for each contract. If the
Municipality elects to set a contract goal for any specific contract, it must in each instance
submit the project goal with all supporting documents and details to MDT's Office of Civil Rights
for Review and approval.
b. The municipality shall ensure that its contractors do not discriminate on the basis of race,
color, national origin, or sex in the performance of its contract funded with federal dollars or
ARRA funds. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of this DOT -assisted contract. Failure by the contractor to carry out
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as Miami -Dade Transit deems appropriate. Each subcontract
that a contractor signs with a subcontractor must include the assurance in this paragraph (see
49 CFR 26.13(b, and copies of such contracts provided to Miami -Dade Transit.
c. If a separate contract goal has been established, the municipality shall ensure that the
Bidders/offerors are required to document sufficient DBE participation to meet these goals or,
alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53.
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Award of any contract under this Interlocal Agreement is conditioned on submission of the
following
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder/offeror's commitment to use a DBE
subcontractor whose participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided
in the prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders/Offerors must present the information required above as a matter of responsiveness
with initial proposals and prior to contract award (see 49 CFR 26.53(3)).
d. The contractor is required to pay its subcontractors performing work related to this contract
for satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the municipality. In addition, the contractor is required to return any
retainage payments to those subcontractors within 30 days after the subcontractor's work
related to this contract is satisfactorily completed. If the municipality elects to use progress
payments, the contractor is required to return any retainage payments to those subcontractors
within 30 days after incremental acceptance of the subcontractor's work by the municipality and
contractor's receipt of the partial retainage payment related to the subcontractor's work.
e. The contractor must promptly notify municipality, who shall in turn notify MDT, whenever a
DBE subcontractor performing work related to this contract is terminated or fails to complete its
work, and must make good faith efforts to engage another DBE subcontractor to perform at
least the same amount of work. The contractor may not terminate any DBE subcontractor and
perform that work through its own forces or those of an affiliate without prior written consent of
both MDT and the Municipality.
EB/amb
MDT —OCR/LR
DBE FORMS (Rev. 6/2009)
M
?IiNTY MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
1) Name of DBE Contractor
2) Year business established
3) Address and telephone number
4) DBE Type: Women Black Hispanic Other (specify)
All DBEs must show ownership percentage by gender-- Male % Female
5) Name of principal officer
6) Principal type of work
7) Name of persons involved in management of firm and positions held:
NAME RACE SEX POSITION/TITLE
EB/amb
MDT —OCR/LR
DBE FORMS (Rev. 6/2009)
tt}IJWTY MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
A.
B.
C.
D.
E.
If additional space is needed, please use another sheet.
8) For a Corporation or Professional Association (PA): Identify those who own five percent or more of the firm's
stock or five percent or more share of a Professional Association.
NAME RACE SEX OWNERSHIP YEARS OF VOTING
PERCENTAGE OWNERSHIP PERCENTAGE
A.
B.
C.
D.
If additional space is needed, please use another sheet. (Continued on Page 2)
EB/amb
MDT —OCR/LR
DBE FORMS (Rev. 6/2009)
ttl�hTY MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
DBE CONTRACTOR IDENTIFICATION STATEMENT
MDT DBE Participation Program
9) For a Proprietorship, indicate the DBE status and gender of the proprietor:
Black Male Black Female Hispanic Male Hispanic Female
Other Male (Specify) Other Female (Specify)
10) Does the firm have an 8(a) Certification issued by the Small Business Administration under Section 8(a) of the
Small Business Act as amended (15 U.S.C. 637 (a)?
NO YES Certified as an 8(a) Contractor (date)
11) Date certified as a DBE
Cert. No. Expires
12) The undersigned agrees to provide other relevant information concerning ownership and control if requested
to do so by MDC or its representative.
Signature of Official of DBE Company Title of Official
Date
EB/amb
MDT—OCR/LR
DBE FORMS (Rev. 6/2009)
M
COL,
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
PRIME AND SUBCONTRACTORS INFORMATION FORM
INSTRUCTIONS: To be completed by the prime and by all subcontractors that submitted a bid on the project.
Bid Description: Bid No.
Percentage of DBE Goal
BIDDER INFORMATION
Firm Name F.E.I.N.*
Street Suite No.
City State Zip Code
Prime Bidder? Yes No If No, enter name of Prime
Year Founded Annual Gross Receipts: Under $500k Over $500k
Phone No. FAX No. Email
SPECIALTY
USE APPROPRIATE TWO -DIGITS SBA STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC):
Construction: Building --SIC 15 Heavy --SIC 16 _ Specialty Trades --SIC 87 _
Professional Services (Architectural, Engineering, Accounting, etc.) SIC 87
Goods, Equipment and Non-professional Services
MIAMI-DADE COUNTY CERTIFIED DBE:
Certificate Expiration Date: / / Ethnicity Gender
AFFIDAVIT
I certify that I am an authorized representative of above named firm.
Signature
Name
Title
Date
e.Only W s the subject b►d awarded to this;
EB/amb
MDT —OCR/LR
DBE FORMS (Rev. 6/2009)
MIAMI-DM
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
SCHEDULE FOR PARTICIPATION
Instructions for Contractors: List your DBE firms and sign.
DBE FIRM (1):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (2):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (3):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
DBE Firm (4):
Name
Type of Work to Be Performed:
Percentage and Dollar Amount of Total Bid Committed: % $
Proposed Commencement Date: Proposed Completion Date:
The undersigned certifies that it is committed to hire the above firms to do the work listed above on project
, as part of it obligations under said project, and agrees to make the DBE & EEO
Requirements of said project part of any tier of its subcontracts.
Authorized Signature
Name of Contractor
EB/amb
MDT—OCR/LR
DBE FORMS (Rev. 6/2009)
Print Name and Title Date
MIAMI-DADE TRANSIT OFFICE OF CIVIL RIGHTS AND LABOR RELATIONS DBE PROGRAM
LETTER OF INTENT FROM DBE SUBCONTRACTOR, SUPPLIER AND/OR CONSULTANT
To: and Miami -Dade County
(Name of Prime Contractor)
From:
(Name of DBE Firm)
The undersigned DBE is prepared to perform the following described services and/or supply the following
described goods, in connection with the following project/contract for a total dollar amount of $ and
certifies that, upon the execution of a contract with the Prime Contractor, it will not subcontract any part of such
contract to any firm, at any tier, without obtaining prior written consent from Miami -Dade County, through the
Prime Contractor; it further certifies that it has received from Prime Contractor a true copy of the Affirmative
Action provisions, which must include the Davis Bacon requirements and wage determinations, if applicable.
Prime Contractor Project
Name
DBE ASSIGNMENTS:
Item No.
Work to be performed Dollar Amount Per Bid Form
Item/Supply Description
Quantity Dollar Amount
Authorized Signature
Print Name Date
EB/amb
MDT —OCR/LR
DBE FORMS (Rev. 6/2009)
Title
SUBCONTRACTORS MONTHLY PROGRESS REPORT
Report Period:
NAME
CONTRACT NUMBER
AMOUNT $
PROJECT
CONTRACTOR NAME CONTRACT
DBE GOAL
% PAID TO PRIME CONTRACTOR TO DATE
DBE FIRMS
SEX
ETHNIC
TYPE OF
WORK/SERVICE
MONTHLY
PAYMENT
PAYMENT TO
DATE
CONTRACT
AMOUNT
PAYMENTS TO NON-
DBES
TYPE OF SERVICE
AMOUNT
I certify that the abovejnform
misrepresent or falsify such
State Code Section 1001'
is true and accurate to the best of my knowledge and understand that if I
ation, I may be subject to civil and or criminal prosecution under Title 18 United
Authorized Signature
Print Name and Title Date
17